At what age can you be held criminally responsible for cannabis offences?

Criminal responsibility generally begins at 14. Children under 14 lack criminal capacity (section 19 StGB). The age limit is set out in general criminal law. The Cannabis Act (KCanG) only sets out what is permitted and what is prohibited. For 14 to 17 year olds, the Juvenile Court Act (JGG) applies, and whether they are responsible depends on their maturity (section 3 JGG). This article puts these rules in context and names the bodies that can help with questions.

Where the age limit is set

Under section 19 StGB, a person who has not yet reached the age of fourteen when the act is committed lacks criminal capacity. Under section 1(2) JGG, a juvenile is a person who at the time of the offence is fourteen but not yet eighteen. A juvenile is criminally responsible if, given their moral and intellectual development, they are mature enough to recognise the wrongfulness of the act and to act on that understanding (section 3 sentence 1 JGG).

How these rules apply in an individual case cannot be judged by a text such as this one. A counselling service or a lawyer with experience in juvenile criminal law is the right point of contact for this.

The age groups at a glance

• Under 14: children lack criminal capacity (section 19 StGB).
• 14 to under 18: juveniles, to whom the Juvenile Court Act applies. Their maturity is decisive (section 1(2) and section 3 JGG).
• 18 to under 21: young adults. The court decides whether juvenile criminal law applies (section 105(1) JGG).
• From 21: general criminal law.

Independently of this, the KCanG sets out what is permitted at all. Possession is permitted only from 18, and consumption in the immediate presence of minors is prohibited (section 5(1) KCanG). What a breach means in an individual case must be clarified by a counselling service or a court.

Why the Juvenile Court Act matters

Young people are subject to their own body of rules in criminal law, the Juvenile Court Act. It distinguishes between juveniles and young adults. Under section 1(2) JGG, a young adult (Heranwachsender) is a person who at the time of the offence is 18 but not yet 21. For young adults, the court applies juvenile criminal law if an overall assessment shows that they were still on a par with a juvenile at the time of the offence, or if the offence is a typical youth offence (Jugendverfehlung) (section 105(1) JGG).

The court decides this in each individual case. The article on the rights and duties of 18 to 20 year olds explains what it depends on.

What young adults need to observe under cannabis law

For young adults, separate limits apply in cannabis associations (Anbauvereinigungen). A cannabis association may pass on to young adults at most 25 grams per day and at most 30 grams per calendar month, and the THC content may not exceed 10 percent (section 19(3) KCanG). From 21, the limits are at most 25 grams per day and 50 grams per calendar month.

What this means for possession and passing on

Regardless of age at the time of the offence, the following applies: possession is permitted only from 18, and then at most 25 grams (section 3(1) KCanG). Supplying or passing on cannabis is punishable under section 34(1) no. 7 KCanG, regardless of whether money is involved. If a person over 21 passes cannabis on to a child or young person, a particularly serious case applies as a rule (section 34(3) KCanG).

The article on criminal liability for passing cannabis on to minors describes the framework in more detail.

When the police catch minors with cannabis

How the process works in an individual case is explained in the article on minors with cannabis and the police.

The role of child and youth welfare services

Independently of criminal law, there are local Jugendämter and counselling services that families can turn to with questions.

How age and time of offence interact

For classification, the age at the time of the offence counts (section 1(2) JGG). The current age does not. For incidents around the 14th or 18th birthday, it is therefore worth taking a close look at the date. A counselling service can sort out the dates and show which provisions may apply.

What you can do

• Clarify your own age and that of the person concerned, as the age at the time of the offence is a central point.
• Secure documents about the incident, such as letters, records and messages.
• Get legal advice before you make statements to the police.
• If you are concerned about children or young people, contact a counselling service or the responsible Jugendamt. The article for parents describes signs of use.

You can find local services under help and counselling. It lists contacts for questions about young people, cannabis and legal situations.