How do I take responsibility for those around me when I use cannabis?
Taking responsibility when using cannabis means keeping the people around you in view. That includes children and young people, housemates, friends and other people in public. The Cannabis Act (KCanG) sets clear limits for this. This article shows which rules apply and how to put them into practice in everyday life without overburdening yourself.
Protecting children and young people
Use in the immediate presence of minors is prohibited under section 5(1) KCanG. The protection applies in all situations in which minors are directly present. Public use is prohibited at schools and on children’s playgrounds, as well as in child and youth facilities and at publicly accessible sports venues, in each case also within sight of them (section 5(2) KCanG). According to the law, a distance of more than 100 metres from the entrance area means that the sight line no longer applies.
Youth protection also covers access. For a cannabis association (Anbauvereinigung), persons under 18 may not enter the enclosed premises (section 23(1) KCanG). An overview of all rules is in the section Youth protection.
Do not pass on home-grown cannabis
Anyone who grows cannabis themselves may keep no more than three cannabis plants at the same time (section 9(1) KCanG). Cannabis from private home cultivation may not be passed on to third parties (section 9(2) KCanG). Responsibility therefore starts with the plant: anyone who makes the harvest available to others may be moving into the area of prohibited passing on. You can read how to secure plants against young people in the article on securing cannabis plants.
Passing on is punishable
Giving away or passing on cannabis is punishable (section 34 KCanG). The penalty range reaches up to three years’ imprisonment or a fine. For particularly serious cases, the law provides for imprisonment of three months to five years. As a typical case, it names passing on to a child or young person by a person over 21 (section 34(3) KCanG). Also letting someone have cannabis for immediate consumption, for example handing over a joint, is prohibited and punishable (section 2(1) no. 8 and section 34(1) no. 8 KCanG).
Anyone who takes the subject seriously should therefore pass on nothing that could reach minors. Even if things are casual in a circle of friends, the question of age remains decisive. More on this is in the article on the punishability of passing on to minors.
Responsibility in your circle of friends
In circles of friends, cannabis is often used together. Responsibility then means keeping to the legal limits: passing on nothing, leaving nothing for immediate use and not involving minors. When meeting in public, it helps to look at the sight-line rule. If a friend shows problems, an honest conversation can help. More on this influence is covered in the article on the influence of the circle of friends.
Use at home
The rules of the law also apply in a flat shared with housemates or family. Anyone who uses bears responsibility for their own use. The ban on use in the presence of minors also applies at home. Cannabis and propagation material must be protected at the place of residence by suitable measures and safety precautions against access by third parties, in particular children and young people (section 10 KCanG). If you have questions about rules in the flat, the tenancy agreement may contain provisions. For questions about tenancy law, the best contact is the tenants’ association.
Responsibility means talking
Responsibility also shows in talking openly about your own use. If children live in the household, a fixed rule helps, for example that use only happens when no minors are present. If you notice that you do not keep to this rule, that is a signal to speak with a counselling service. The article on conflicts in family or partnership shows how such conversations can succeed.
Housemates and neighbourhood
In a shared flat or an apartment building, use also affects others. Smells, smoke and plants on the balcony can affect housemates. Raise such points early and clarify which rules apply. The tenancy agreement may contain provisions that apply to everyone. If there is a dispute about rules, the tenants’ association can help. If you have children in the neighbourhood, pay particular attention to the sight line, because the ban on use on children’s playgrounds also applies within sight of them (section 5(2) KCanG).
Public places and line of sight
The line of sight matters for public use. By law, a ban applies within sight of schools, child and youth facilities and children’s playgrounds. At a distance of more than 100 metres from the entrance area, the sight line is no longer given. In pedestrian zones between 7:00 and 20:00, a separate ban also applies (section 5(2) KCanG). If you want to use outdoors, look at the local situation beforehand. If in doubt, another place is the better choice.
Responsibility in the club
Anyone who is a member of a cannabis association bears responsibility for youth protection in the club. Under section 23(4) KCanG, cannabis associations are obliged to contribute to comprehensive youth and health protection. The board appoints a prevention officer for this. Cannabis associations may only admit members who have completed their 18th year of life (section 16(1) KCanG). A person may be a member of only one cannabis association (section 16(2) sentence 2 KCanG).
If you notice violations by others
If you notice that someone in your environment supplies minors with cannabis or uses in their presence, raise the problem. A calm conversation with that person can be the first step. If you are concerned about a child, you can contact a counselling service. If you are a parent yourself, the Elterntelefon (parents’ helpline) of the Nummer gegen Kummer on 0800 111 0 550 can help. Counselling services can support you with further steps.
What you can do now
- Check whether minors in your surroundings could be exposed to use, and plan your use accordingly.
- Protect cannabis and plants from access by third parties, especially children and young people (section 10 KCanG).
- Do not pass cannabis on to third parties, not even to friends.
- If you are unsure, speak with a counselling service. The Sucht & Drogen Hotline can be reached on 01806 313031 (daily from 8:00 to 24:00, charged).
All prevention topics are listed under Prevention and youth protection.
Frequently asked questions
May I use cannabis at home if children live in the household?
Use in the immediate presence of minors is prohibited (section 5(1) KCanG). If you have children, arrange your use so that they are not present. If you are unsure, a counselling service can help.
May I pass on cannabis from my home cultivation to friends?
No. Cannabis from private home cultivation may not be passed on to third parties (section 9(2) KCanG). Giving away or passing on cannabis is also punishable (section 34 KCanG).
Where can I get advice if I am worried about other people’s behaviour?
The Sucht & Drogen Hotline can be reached on 01806 313031. Parents can also turn to the Elterntelefon of the Nummer gegen Kummer on 0800 111 0 550. Both services help with the assessment and the next steps.