Does criminal liability for passing cannabis on also apply among friends, without money?

Yes. Passing cannabis on to friends free of charge is also prohibited under the Cannabis Act (KCanG) and can be prosecuted as a criminal offence (section 2(1) no. 7 and section 34(1) no. 7 KCanG). The Act speaks of supplying or passing on, which goes beyond sale. Whether a penalty arises in a specific case is decided by the courts in each individual case. This article explains the wording, common misunderstandings and the consequences when minors are involved.

What the Act understands by passing on

The basic offence in section 34 KCanG covers supplying or passing on cannabis. The Act provides for imprisonment of up to three years or a fine. The term therefore goes beyond sale. Anyone who hands a packet over among friends falls within the wording of the provision.

Anyone who believes that only business dealings are punishable is mistaken. What matters is the act of supplying or passing on, and the wording does not require money. In addition, making cannabis available for immediate consumption is prohibited under section 2(1) no. 8 KCanG and punishable under section 34(1) no. 8 KCanG. This includes, for example, handing a joint to another person so that they can smoke it along. The precise assessment remains a question for the individual case.

The limit with home cultivation

Some people think that cannabis grown at home may be passed on freely among friends. That is not the case. Under section 9(2) KCanG, cannabis from private home cultivation may not be passed on to third parties. This rule applies regardless of whether money changes hands.

Possession also has limits. From 18, possession of at most 25 grams is permitted (section 3(1) KCanG). This permission concerns one's own possession. It does not replace the rules on passing cannabis on to others.

When minors are involved

The Act is particularly strict where children or young persons are involved. Under section 34(3) KCanG, a particularly serious case exists where a person over 21 supplies or passes on cannabis to a child or young person. For these cases, the Act provides for imprisonment of three months to five years.

This also applies where passing on among friends happens in everyday life. Anyone under 18 should not pass cannabis on to other young people.

Typical situations that cause trouble

• A joint is passed around the group (making it available for consumption), and a minor is present.
• An adult gives something to a younger friend to share later.
• A stock is shared out among friends, although it comes from home cultivation.
• A chat is the basis for an arrangement at which cannabis is handed over.

In all these cases, a closer look at age, amount and circumstances is worthwhile. A specialist criminal lawyer can place the situation in context.

Health: an additional reason for caution

According to cannabispraevention.de, the risks of cannabis are particularly high for young people. The same site cites more recent research findings showing that roughly one in eight people who use cannabis become dependent. Anyone passing cannabis on to others should keep this in mind.

Possession and supplying: what is different

Possession and supplying are legally different acts. Possession refers to what one has on one's person or in one's own home. From 18, possession of at most 25 grams is permitted (section 3(1) KCanG). At the place of residence or habitual abode, at most 50 grams are provided for in the case of flowers or plant material (section 3(2) KCanG).

Supplying means that something passes to another person. This is where the Act attaches criminal liability. Anyone who possesses a permitted amount can therefore still commit an offence once they pass it on to others. The amount does not protect against the question of whom something is given to.

If something has already happened

Anyone who has already passed something on and is worried should not wait. An early appointment with a specialist criminal lawyer creates clarity before any statements are made. It helps to write down the date, the amount and those involved in an orderly way beforehand.

Anyone who is a minor, or who involved a minor, should also involve a counselling service. There is support there for the person themselves and for relatives.

What you can do

• Do not pass cannabis on to minors, not even to close friends.
• Before every transfer, consider whether age and amount could trigger criminal liability.
• If you have already passed something on and are unsure, get legal advice promptly.
• For a conversation about your own use, counselling services such as drugcom.de are suitable.

The article on criminal liability for passing cannabis on to minors explains the framework of the criminal provisions. Anyone who wants to know how parents are legally involved can read the article on parents and possible liability. The overview of youth protection is provided by the section prevention and youth protection.