How far from a school entrance may you consume cannabis?
At a distance of more than 100 metres from the school entrance area, there is no longer any sight under section 5(2) sentence 2 KCanG. Public consumption of cannabis is prohibited in the school and within its sight (section 5(2) sentence 1 no. 1). Within the 100 metres, sight may apply. Whether it does in an individual case depends on the circumstances. This article explains what this means in everyday life.
What section 5(2) says
The provision names several places: schools, children's playgrounds, child and youth facilities, publicly accessible sports facilities and the enclosed premises of cannabis associations. For all of them, the ban expressly also covers the area within sight. For pedestrian zones there is a separate rule with set times, namely from 7:00 to 20:00. For schools, the provision names no times.
What sight means in the Act
The Act contains no definition of sight. It sets only one limit: at a distance of more than 100 metres from the school entrance area, there is no longer any sight. Within 100 metres, sight may apply. Whether it does in an individual case depends on the circumstances.
An everyday example
Imagine a spot 50 metres from the school entrance area. Sight may apply there. If the spot is 150 metres away, the law no longer treats it as being within sight. In everyday life, however, the distance is hard to estimate. Anyone in doubt therefore keeps more distance than the limit requires and avoids consumption in the vicinity of the school altogether.
The school grounds and the building
On school grounds, the ban applies regardless of distance. This also applies to adults who come only briefly to collect a child. Anyone who consumes in public contrary to section 5(2) KCanG commits an administrative offence (section 36(1) no. 4 KCanG). The upper limit of the fine is set out in section 36(2).
Only public consumption is covered
The ban in section 5(2) KCanG concerns public consumption. Whether a place is public depends on the individual case. Independently of this, section 5(1) KCanG prohibits consumption in the immediate presence of persons under 18, without any link to a location and without a distance figure. Anyone who consumes near a school with pupils in their immediate presence may therefore breach the law, even where the 100 metres have been exceeded.
The same limit applies to other places
The 100-metre rule does not apply only to schools. Under section 5(2) sentence 2 KCanG, for children's playgrounds, child and youth facilities, publicly accessible sports facilities and the enclosed premises of cannabis associations, too, there is no longer any sight at a distance of more than 100 metres from the entrance area. A different rule applies to pedestrian zones: there, consumption is prohibited between 7:00 and 20:00.
What applies to young people
For minors, possession, acquisition and cultivation of cannabis are prohibited. If young people are caught using cannabis, the authorities inform the parents or other persons with parental responsibility, according to the BIÖG. The BIÖG points out that the young brain is in an important stage of development and that THC can disrupt the brain's maturation processes.
School rules and prevention
Schools can set rules for their grounds and clarify how they handle cannabis cases. However, the KCanG ban applies regardless of whether a school regulation mentions it.
What you can do if you are unsure
If you are a parent or teacher and you see young people consuming near the school, speak to the school management. Where there is a possible risk to a child, the Jugendamt can help. Anyone who consumes themselves and notices that their use is becoming too much can find support at addiction counselling services. The BIÖG's prevention website cannabispraevention.de has a separate section for teachers.
How schools can convey the rules
Schools can include the sight rule in their house rules and discuss it with parents. Clear information at the start of the school year reaches most families and prevents misunderstandings. It helps to explain the provision in plain language and to add a reference to the statutory text.
Excursions and events outside the school grounds also benefit from clear agreement. Anyone planning accompanying adults should inform them about the ban at school and within its sight, since accompanying persons are often adults who must observe the ban themselves.
Frequently asked questions
How far from a school may you consume cannabis?
The law sets a limit of 100 metres: at a distance of more than 100 metres from the school entrance area, there is no longer any sight, so the school ban does not apply. Within the 100 metres it may apply. Other bans, for example in the presence of minors (section 5(1)), remain unaffected. When in doubt, keep more distance.
Does the school ban apply only during lessons?
The provision names no times for schools. The times from 7:00 to 20:00 apply only to pedestrian zones. Anyone consuming at a school outside lesson times should nevertheless keep the sight limit in mind.