How can schools set cannabis rules in their school regulations?
A school sets cannabis rules in its school regulations by translating the ban from the Cannabis Act (KCanG) into specific terms, naming responsibilities and setting out how it handles incidents. The federal law sets the framework. The form in which school regulations are issued is governed by the school law of the relevant federal state. A good school rule therefore names the ban, its scope and the contact person.
What the Cannabis Act prohibits at school
Under section 5(2) KCanG, public consumption is prohibited at schools and within their sight. Under the Act, sight ends at a distance of more than 100 metres from the school entrance area (section 5(2) sentence 2 KCanG). The ban therefore applies at the school and within its sight. A breach is an administrative offence (section 36(1) no. 4 KCanG).
In addition, there is the ban on consumption in the immediate presence of persons under 18 under section 5(1) KCanG. As a rule, minors are present at schools, so this rule matters particularly. A school rule should name both bans so that nobody misjudges their reach.
Distance from the school in everyday life
Sight is a term that many people do not immediately understand. Under the Act, it ends at a distance of more than 100 metres from the entrance area. A school can state in its school regulations that the ban applies in the vicinity of the school grounds, and it can illustrate the area with a site plan. The article on the question of distance from the school entrance explains the rule in more detail.
Pedestrian zones are a special case too. There, consumption is prohibited between 7:00 and 20:00 under section 5(2) no. 5 KCanG. For schools, this point is mainly relevant when classes make excursions into the town centre.
Passing cannabis on to minors
The school regulations also concern the question of who passes cannabis on to minors. Under section 34 KCanG, supplying or passing on cannabis is punishable by imprisonment of up to three years or a fine. Particularly serious cases exist under the Act where a person over 21 passes cannabis on to a child or young person. For these, the Act provides for imprisonment of three months to five years.
A school rule does not have to repeat this criminal liability. It should, however, make clear that passing cannabis on in the school's surroundings is not tolerated and that incidents are reported. The procedure after an incident is set by the school within the framework of school law.
Building a school rule
A clear rule has four components. It names the ban, it states the place and the time, it describes the procedure in the event of an incident, and it names a contact person. A short rule is easier to survey at a glance.
- Ban: Public consumption at the school and within its sight is prohibited under section 5(2) KCanG. Possession of at most 25 grams is permitted for adults under section 3 KCanG. Whether the school may regulate a possession ban beyond that is for state law to clarify.
- Scope: school grounds and school events. Whether and how far the school may regulate beyond that is governed by state law.
- Procedure: incidents are reported to the school management, which sets further steps within the framework of school law.
- Help: the text refers to counselling services and prevention offers.
The list shows the minimum components. Whether additional measures are permissible is determined by the school law of the federal state. The school supervisory authority can provide information on this.
Involving parents and students
A school rule works better when parents and students understand it. A parents' evening is a good occasion to present the rule. Explain what the Act prohibits and what the school additionally agrees.
The article on school prevention shows how such offers can look in lessons.
What to do when something is unclear
If questions remain open, for example whether a rule also applies to excursions or class trips, it helps to look at the school law of the federal state. The school supervisory authority can give binding information. The prevention website cannabispraevention.de contains information for young people, parents and specialists.
If there is a suspicion of a criminal offence, for example the passing on of cannabis to a minor, the police are the right body. The school should document the incident and inform the school management.
What you can do now
- Read the existing school regulations and check whether cannabis is mentioned in them.
- Add the ban from section 5 KCanG and name its scope.
- Clarify with the school management which further measures the school law of the federal state allows.
- Present the rule at a parents' evening and ask for feedback.
Further information on consumption bans for adults in the presence of children can be found in the article May you use cannabis in the presence of minors?.
Frequently asked questions
May a school set its own cannabis rules?
A school sets its rules in the school regulations. In doing so, it must observe the Cannabis Act (KCanG), which prohibits consumption at schools and within their sight. The exact requirements for the school regulations are set out in the school law of the federal state. For anything unclear, the school supervisory authority is the right point of contact.
How far does the consumption ban around the school extend?
Under section 5(2) KCanG, public consumption is prohibited at schools and within their sight. Under the Act, sight ends at a distance of more than 100 metres from the entrance area. A school can describe the area in its school regulations, for example with a site plan.
What is the penalty for passing cannabis on to minors?
Under section 34 KCanG, supplying or passing on cannabis is punishable by imprisonment of up to three years or a fine. In a particularly serious case, such as passing cannabis on by a person over 21 to a child or young person, the term of imprisonment is three months to five years.