Who commits a criminal offence by giving cannabis to minors?

Anyone who passes cannabis on to a child or young person breaches section 34 KCanG and commits a criminal offence. The Act sets out a basic offence for this, punishable by imprisonment of up to three years or a fine. The case is particularly serious where a person over 21 passes cannabis on to a minor. The Act then names a penalty range of three months to five years' imprisonment.

The basic offence: supplying and passing on

Under section 34(1) KCanG, supplying or passing on cannabis is punishable. The provision refers to section 2(1) no. 7 KCanG for this. No minimum age for the recipient is named there. The penal provision therefore covers every transfer, regardless of who receives the cannabis.

The standard example: person over 21 and child or young person

A standard example describes a typical case that counts as particularly serious. Here, it concerns passing cannabis on to a child or young person by a person older than 21. The standard example in section 34(3) sentence 2 no. 3 letter a KCanG covers, in addition to supplying and passing on, making cannabis available for immediate consumption and administering it. A person over 21 who acts in this way must expect the higher penalty range. If they act on a commercial basis, the term of imprisonment under section 34(4) no. 1 KCanG is at least two years. Whether a particularly serious case actually exists in an individual case is ultimately decided by a court.

Case	Penalty range	Basis
Passing on cannabis in general	Imprisonment of up to three years or a fine	Section 34(1) KCanG
Passing on to a child or young person by a person over 21	Imprisonment of three months to five years	Section 34(3) KCanG

Circles of friends, siblings and parties

Many cases arise in circles of friends, at parties or when sharing a bag. A favour among friends can nevertheless legally amount to passing on within the meaning of the Act, where cannabis changes hands. The same rule applies between siblings. The Act likewise prohibits making cannabis available for immediate consumption (section 2(1) no. 8 KCanG). Anyone who hands a joint to a younger person so that they can smoke it along also falls within the scope of the penal provision (section 34(1) no. 8 KCanG). Anyone unsure whether a situation falls under this should leave it alone and seek advice beforehand.

What parents and supervisors should observe

Parents, coaches and teachers often bear responsibility for groups. They should know that parents, too, may not pass cannabis on to their own children. The Act names no family relationship as an exception. Anyone who fears that young people are getting cannabis from an adult should take this seriously. Where there are acute concerns about a child's welfare, the Jugendamt advises families.

Storage and information

Under section 10 KCanG, cannabis and propagation material at the place of residence and the habitual abode must be protected from access by third parties, in particular children and young persons, through suitable measures and security precautions. Anyone who does not do so, or does not do so properly, commits an administrative offence (section 36(1) no. 6 KCanG). Information for young people, parents and specialists is offered by cannabispraevention.de.

Where you can find help

If you observe an adult giving cannabis to a young person, or if you have found yourself in such a situation, legal advice is the right route. Every case needs a careful review. This article does not replace legal advice. For first questions, addiction counselling services on site help, and they also advise relatives. The wording can be found at gesetze-im-internet.de.

Typical constellations

The cases differ considerably. In one case, an adult gives a sample to an acquaintance under 18. In another, a young person shares her bag with a younger school friend. Both cases involve passing on, but they differ in age, in the gap between those involved and in the circumstances. The court ultimately decides whether a particularly serious case exists, based on all the circumstances.

Negligent passing on

Negligent conduct can also be a criminal offence. Under section 34(5) KCanG, negligent passing on carries imprisonment of up to one year or a fine. Anyone who wants to do a young person a favour by bringing cannabis along moves into an area that the Act has drawn narrowly.

Further reading

Further questions are answered in What does the KCanG regulate on youth protection? and Can parents be punished if their child smokes cannabis?. An overview of the topic is also provided by the youth protection section.