Conceptual clarification and legal framework of the term “High”
The term “High” is colloquially used to describe the state of intoxication and altered consciousness following the use of psychoactive substances. From a legal perspective, it is particularly important to examine the effects of so-called “being high” in connection with narcotics law, administrative law (offenses), road traffic law, employment law, and potential criminal consequences. These effects primarily result from the consumption of cannabis, but also of other intoxicating substances, and have extensive legal implications across various areas of law.
Legal classification of the state of “High”
Criminal relevance
Narcotics law
“Being high” is not a separate criminal offense under German law, but is typically caused by the consumption of illegal narcotics (e.g., cannabis, cocaine, ecstasy). The legal basis for assessing this behavior is the Narcotics Act (BtMG).
Under the BtMG, acquiring, possessing, and trading unauthorized narcotics are generally punishable offenses (§§ 29 et seq. BtMG). The pure consumption of narcotics is not punishable in Germany, however, possession—which is usually required for consumption—constitutes a criminal offense. Therefore, being “high” can be an indication of previous illegal possession of narcotics.
Sentencing and criminal responsibility
The euphoric feeling resulting from the consumption of intoxicants can, in certain cases, also influence the criminal evaluation of an offense committed at the time. According to § 20 StGB, criminal responsibility does not apply if someone, at the time of the offense, is in a state that excludes free will due to intoxication. However, this rule does not apply without restriction: anyone who intentionally or negligently becomes intoxicated and then commits a criminal offense can still be punished under § 323a StGB (“complete intoxication”).
Consequences under administrative offense law
Beyond the realm of narcotics law, “being high” can also be relevant under administrative offense law. Particular emphasis here is on participation in road traffic under the influence of intoxicating substances.
Road traffic law
Driving vehicles under the influence of intoxicating substances is an administrative offense under § 24a StVG (Road Traffic Act), especially when substances such as tetrahydrocannabinol (THC, the main active ingredient in cannabis) are detected in the blood. The mere detectable consumption may result in sanctions such as fines, driving bans, or points in the driving suitability register. If there is also impaired driving ability or a concrete danger caused, this can become criminally relevant under § 316 StGB (driving under the influence) or § 315c StGB (endangering road traffic).
Employment law consideration of the state “High”
The effects of being “high” can also be legally relevant in employment relationships. Here, the focus is particularly on the duty of fidelity of the employee and the duty of care of the employer.
Performance and duties
Appearing at the workplace under the influence of psychoactive substances can lead to performance deficits and safety risks. In certain industries, employers are required by occupational safety regulations to protect employees from hazards. Violations of employment law obligations while at work in a “high” state can result in disciplinary actions such as a warning or, in cases of recurrence, termination of the employment relationship.
Works constitution law and co-determination
In companies with a works council, the council may participate in measures to prevent substance use at the workplace within the framework of its co-determination rights under the Works Constitution Act (BetrVG).
Effects of the “High” state on insurance law
In insurance law, the consumption of intoxicating substances plays a significant role, for example in matters relating to insurance coverage in the event of damage.
Limitation of liability for offenses committed while intoxicated
Insurance contracts generally contain exclusion clauses that exclude or limit benefits in connection with damages that occurred while under the influence of an intoxicating substance. For example, an accident caused by intoxication may result in the insurer being released from its obligation to pay.
Medical and legal policy aspects
Medical assessment and detection
During a possible check, the determination of whether a person is “high” can be made medically via blood and urine tests (e.g., detection of THC or its breakdown products). The burden of proof and reliability of these methodologies play a significant role in legal assessments.
Legal policy debate and societal change
The societal and legal assessment of “being high,” especially regarding cannabis, is evolving dynamically. The planned and ongoing discussions around cannabis legalization are leading to far-reaching changes, including with respect to criminal law, traffic safety, product safety, and youth protection.
Summary and outlook
The term “High” refers to a state occurring as a result of consuming psychoactive substances and has multifaceted legal implications. In particular, narcotics law, road traffic law, employment law, and insurance law are affected. With ongoing developments in case law and societal debate regarding the legalization of certain substances, it is expected that the legal framework for dealing with the state of “High” will continue to undergo regulatory changes in the future.
Frequently Asked Questions
From what age is experiencing a “high” state from cannabis legal in Germany?
Experiencing a “high” state from cannabis in Germany is strictly subject to statutory regulations governing the sale, possession, and consumption of cannabis. With the Cannabis Act entering into force in 2024, the purchase, possession, and consumption of cannabis for recreational purposes is generally only permitted from the age of 18. Persons under 18 are prohibited from consuming, purchasing, or possessing cannabis under any circumstances. For persons between 18 and 21 years old, there are special restrictions regarding the quantity and THC content for youth protection purposes. Consumption in the presence of minors remains forbidden. Furthermore, participating in unlicensed sales or distribution structures is also punishable.
Is it legally permissible to experience a “high” at the workplace?
Experiencing a “high” at the workplace is legally problematic and can have significant employment consequences. Consuming cannabis and experiencing a “high” entails the risk of impaired work performance, concentration, and reaction capability, which may affect both occupational safety and the quality of work results. Employers, as part of their duty of care and accident prevention, often have company regulations or employment contracts that prohibit the consumption of psychoactive substances during working hours or on company premises. Violations can result in warnings, transfer, or even termination. Especially in safety-sensitive occupations (such as transport, construction, or medicine), consumption may lead to immediate suspension or dismissal. Additionally, driving vehicles in a business context under the influence of cannabis can have criminal consequences.
What legal consequences can arise from experiencing a “high” in road traffic?
Experiencing a “high” while driving is expressly prohibited in Germany and constitutes either an administrative offense or a criminal offense, since driving ability can be significantly impaired under the influence of cannabis. A positive THC result in the blood while driving results not only in fines, driving bans, and points in Flensburg, but can also lead to license revocation. If traffic endangerment or an accident occurs as well, criminal prosecution for endangering road traffic (§ 315c StGB) or negligent bodily injury may follow. Furthermore, the licensing authority may order a medical-psychological examination (MPU).
Is private cultivation of cannabis permitted for personal experience of a “high”?
With the legal amendment in 2024, the private cultivation of cannabis in Germany is permitted to a limited extent under certain conditions. Adults may grow up to three cannabis plants per person in their private residence, provided these are exclusively for personal use. Any cultivation beyond that or distribution to third parties remains punishable. Cultivation must be conducted in such a way that minors or unauthorized persons have no access. Violating the cultivation regulations—such as exceeding the plant limit or public visibility—may result in fines or criminal measures.
What restrictions apply to experiencing a “high” in public?
The consumption of cannabis and thus the experience of a “high” is subject to certain restrictions in public. Consumption is prohibited in the immediate vicinity of schools, kindergartens, playgrounds, youth facilities, and in pedestrian zones between 7 a.m. and 8 p.m. Consumption at these locations constitutes an administrative offense and may be fined. Additionally, consumption in public transport, workplaces, or at public events is regularly forbidden or subject to special house rules. Openly displaying a “high”—for example, through conspicuous behavior—can lead to further regulatory measures.
Can insurance benefits be denied in the event of damage while experiencing a “high”?
Yes, there is a risk that insurance companies will refuse benefits in the event of a loss if the damage was caused under the influence of cannabis and therefore while in a “high” state. Many insurance contracts, particularly motor, occupational, or accident insurance, contain so-called obligations imposing a duty of care on the policyholder. If negligent or grossly negligent behavior—such as driving a vehicle or operating dangerous equipment under the influence of cannabis—is established, the insurer may reduce or completely deny benefits. In cases of proven intent, insurance coverage is generally excluded.
Is advertising or publicly speaking about experiencing a “high” legally permitted?
Public advertising for cannabis consumption as well as trivializing or promoting a “high” in a way that attracts public attention is prohibited by the advertising ban on cannabis products (§ 10 para. 4 Cannabis Act). This especially includes advertising aimed at minors, but also the general promotion likely to encourage consumption or trivialize it socially. Informational materials providing objective and factual education about effects, risks, and legal limits are permitted as long as they do not have a promotional effect. Violations can be prosecuted as administrative offenses or, in severe cases, as crimes.
