Definition and Legal Classification of the Joint
Ein Joint refers to a smokeable item filled with cannabis flowers or resin, rolled in a thin paper, often cigarette paper, and primarily used for smoking cannabinoids. Unlike pure tobacco cigarettes or industrially manufactured products, a joint is usually a handmade mixture of cannabis and occasionally tobacco. In the legal discussion, the joint is at the center of debates on cannabis, narcotics law, and issues of criminal and administrative offenses.
Legal Framework in German Law
Classification as a Narcotic
The decisive legal aspect of the joint relates to the active ingredient Tetrahydrocannabinol (THC), which is found in cannabis. According to German law, THC is classified as a Narcotics Act (BtMG) als narcotic (Annexes I to III of the BtMG, depending on the type of cannabis and the THC content). The production, possession, acquisition, and distribution of cannabis in Germany are generally subject to criminal prohibition, unless there are exceptional permits for medical or scientific purposes.
Possession and Acquisition
Anyone who possesses or acquires a joint also regularly possesses cannabis, and thus a substance prohibited by the BtMG. Simply carrying a usable joint can be punishable as possession under § 29 Sec. 1 No. 3 BtMG.
Production and Distribution
The production of a joint by rolling it with cannabis also legally falls under the term production of a narcotic (§ 29 Sec. 1 No. 6 BtMG). Passing on, selling, or offering a joint to others is considered supply or trafficking and is subject to more severe criminal penalties, especially in the case of commercial or organized offenses (§ 29a, § 30 BtMG).
Distinction: Small Quantities and Prosecutorial Practice
The BtMG does not provide for exemption from punishment for the so-called small quantity intended solely for personal use. However, § 31a BtMG allows for the possibility to refrain from prosecution if the offender’s guilt is considered minor, there is no public interest in prosecution, and the joint was intended only for personal consumption. The definition and application of the ‘small quantity’ is a matter for the federal states and varies significantly with respect to THC content and quantity.
Consequences Under Driving License Law
The possession or consumption of a joint can have serious effects on fitness to drive . Even occasional consumption of cannabis can lead to a review or revocation of the driver’s license if separation between consumption and driving is not observed (§§ 2, 3 Road Traffic Act, Driving License Ordinance). Even small amounts of THC metabolites in the blood can lead to measures under driving license law.
Employment Law Aspects
The consumption or possession of a joint by employees can have employment law consequences. In certain professions, mere suspicion of consumption may lead to dismissal or other employment sanctions, especially if job performance or the reputation of the workplace is impaired.
International Legal Situation Regarding the Joint
Comparison: European Union
Within the European Union, the legal treatment of joints varies greatly. While in the Netherlands the possession of small amounts of cannabis for personal use is de facto decriminalized and cannabis products may be sold in so-called coffeeshops, other member states are more restrictive or continue to pursue a zero-tolerance policy.
International Law
In the international context, cannabis products are classified as narcotics by United Nations conventions, in particular the Single Convention on Narcotic Drugs of 1961 . This results in an internationally established prohibition on cultivation, production, and distribution except for medical and scientific purposes.
Legalization and Reform Debate
Developments in Germany
Since 2024, there have been developments towards the partial legalization of cannabis in Germany. The so-called Cannabis Act (CanG) provides for the decriminalization of ownership and consumption of limited amounts of cannabis for adults, and regulates collective personal cultivation in so-called cannabis clubs. Joints consumed within the approved amounts and framework are no longer subject to criminal penalties, provided the provisions are observed. Outside this framework, possession remains a violation of the BtMG.
Distinction from Tobacco and Other Smoking Products
In contrast to tobacco products which fall under the Tobacco Products Act (TabakerzG) and the Youth Protection Act (JuSchG), joints are primarily regulated by the BtMG. There are significant differences in handling, labeling, taxation, and in advertising and distribution rules.
Responsibility and Education
Youth Protection Provisions
The purchase and possession of joints or cannabis by minors is expressly forbidden and subject to special criminal protection (see in particular § 30a BtMG, which imposes particularly severe penalties for supplying minors). Youth protection is a priority at all regulatory levels.
Prevention and Education
Public authority and civil society awareness campaigns are directed especially at adolescents and young adults, and address the risks of cannabis use, criminal consequences, and the health risks that can result from joints.
Summary
Ein Joint is, under German law, a smoking product made from cannabis that, due to its THC content, is considered a narcotic and subject to the provisions of the BtMG. Possession, production, and distribution are generally punishable unless statutory exceptions apply (e.g., for medical use or under the new Cannabis Act). The legal situation is complex and subject to ongoing reform and cross-border shifts, making careful consideration of the current law essential. In addition to criminal law, administrative offenses law, driving license law, employment consequences, and prevention measures also play a central role in the handling of joints in a legal context.
Frequently Asked Questions
Is possession of a joint punishable in Germany?
The possession of a joint, i.e. a cigarette usually filled with cannabis, is in principle a criminal offense under the Narcotics Act (BtMG) in Germany, as cannabis is still considered an illegal drug. However, it should be noted that since the Cannabis Act (CanG) came into force in April 2024, exceptions apply for adult private individuals within the permitted amount for personal use. The possession of up to 25 grams of cannabis for personal consumption in public spaces and up to 50 grams in private premises is legal for persons aged 18 and over, provided the cannabis originates from personal cultivation or a permitted cultivation association. Anything exceeding these amounts, or possession in the presence of minors, remains punishable. A joint distributed outside these amounts or given to minors is still a criminal offense. Especially in public spaces, such as near schools, kindergartens, or playgrounds, special protection zones and prohibitions apply.
What penalties apply for the unauthorized trade in joints?
Unauthorized trading in joints, i.e. for-profit distribution or exchange outside of legal cultivation associations, continues to be strictly prosecuted under § 29 BtMG or the new CanG. Anyone who sells a joint or offers or hands one over for payment is liable to prosecution. Even passing on to friends, if done systematically, can be considered ‘trade’. Penalties range from fines to multi-year prison sentences—especially for supplying minors or repeated offenses. In short: Any unauthorized trading and any distribution outside the permitted private needs is still a criminal offense and will be prosecuted.
Is smoking a joint permitted in public?
Public consumption of joints is legally restricted: The new CanG stipulates that the consumption of cannabis in joints, for example in pedestrian zones, is prohibited at all times except in designated areas. In addition, consumption near schools, kindergartens, playgrounds, sports facilities, and within a defined radius (usually 100 meters) is prohibited. Compliance with these rules is monitored. Violation—i.e. smoking a joint in prohibited zones—can be penalized as a regulatory offense. Repeated or serious violations can result in higher fines or, in certain situations, criminal charges.
How is the THC threshold handled when driving a vehicle after consuming a joint?
Under the Road Traffic Act (StVG) and the Driving License Ordinance (FeV), driving a vehicle under the influence of THC, the psychoactive component in cannabis (in a joint), is prohibited. Even small amounts of THC in the blood serum can lead to unfitness to drive and be sanctioned accordingly. The currently applicable limit (as of June 2024) is 1.0 ng/ml THC in blood serum. If this threshold is exceeded, fines, a driving ban, penalty points in Flensburg, and, in the case of repeated violations, the revocation of the driving license can occur. There is no distinction made as to whether THC intake was by joint or other forms of consumption.
What role does youth protection play in dealing with joints?
Youth protection plays a central role with regard to joints. Under German law—which has been continuously strengthened by the new Cannabis Act—possession, acquisition, and consumption of joints is strictly prohibited for minors. Even attempting to supply minors with cannabis in the form of a joint is a criminal offense. Cultivation associations are not allowed to admit or supply minors. The protection of children and young people is particularly emphasized in legislation; violations of these protective provisions are subject to significant criminal penalties, such as prison sentences of up to two years or fines.
What documentation and proof obligations apply to the legal possession of a joint?
Anyone within the legal limits for personal use should always be able to prove the origin of the cannabis, especially in cases involving private cultivation or possession of products from cultivation associations. Membership in a cultivation association and delivery certificates serve as proof. Unrecorded transfer and distribution outside the private circle are not permitted. In case of doubt, the joint should not be carried if neither origin nor lawful possession can be conclusively proven. Failure to comply with documentation obligations may result in the joint being classified as illegally possessed and thus subject to criminal consequences.
Is the import of joints or cannabis products from abroad permitted?
The importation of joints or cannabis products from abroad remains prohibited, even if cannabis is permitted in Germany for adults under certain conditions. The BtMG and the CanG expressly regulate that importation into Germany is only permitted for medical purposes under strict supervision. Furthermore, the strictest law in the destination and country of origin generally applies; violations constitute a criminal offense. Travelers entering the country with a joint from abroad—even from countries where cannabis sales are legal—are committing an offense and must expect criminal consequences and confiscation.
