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Home » Cannabis legalization: Are you allowed to smoke weed in your rental
apartments?
Business


CANNABIS LEGALIZATION: ARE YOU ALLOWED TO SMOKE WEED IN YOUR RENTAL APARTMENTS?

by admin May 6, 2024
May 6, 2024


49




Since April 1, 2024, adults in Germany have been allowed to legally grow,
possess and consume cannabis. But what does the law require in rental
apartments? picture alliance / Westend61 | Vitta Gallery

The consumption of cannabis has been legalized in Germany since April 1st. This
decision had previously been discussed controversially by politicians for a long
time.

The law stipulates that a maximum of three cannabis plants per person can be
grown in a rental apartment. Indoor consumption is legal, as is possession of 50
grams of marijuana per person.



Landlords cannot fundamentally prohibit either consumption or cultivation.
However, there are individual cases in which landlords can at least ensure
restrictions.

The controversial cannabis law came into force on April 1st of this year. Adults
can now legally grow, possess and consume the drug. Cannabis is therefore
removed from the list of prohibited substances in the Narcotics Act. But: Only
certain amounts are exempt from punishment.



Adults are allowed to have up to 25 grams of cannabis with them in public.
Possession of up to 50 grams of dried cannabis is permitted within your own four
walls. In addition, a maximum of three cannabis plants may be grown per adult.
Adults are allowed to import cannabis seeds for private cultivation from EU
member states or order them online.

What consequences does the new cannabis law have for consumption in rented
apartments? picture alliance / Zoonar | Katerina Solovyeva




Exceeding the permitted quantities will be punished as an administrative
offense. Possession of larger quantities carries a prison sentence of up to
three years or a fine.

So far so good. So much for the law. But what about consumption, cultivation and
ownership in rental apartments? Can cannabis still be grounds for dismissal
without notice? And what rights do landlords and neighbors have? Business
Insider provides Real estate world an overview.


ARE YOU NOW ALLOWED TO SMOKE CANNABIS IN RENTED APARTMENTS?

Yes. Once legalized, consuming cannabis in your own home will be treated
similarly to smoking cigarettes. Smoking in the rented apartment is usually part
of the contractual use of the apartment. This also includes smoking on the
balcony, at the open window or on the terrace.

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However, the requirement of mutual consideration also applies between tenants:
If the neighbor is severely affected by smoking cannabis, the smoker must limit
his consumption. An individual agreement on a smoking ban can also be agreed in
the rental agreement, so that times must be adhered to, for example, as can be
done when smoking a cigarette.




IS THERE A CANNABIS BAN IN YOUR RENTAL APARTMENTS?

No. Smoking is not automatically prohibited in the apartment. Your landlord or
landlady generally cannot ban smoking.


ARE YOU ALLOWED TO SMOKE WEED ON THE BALCONY OR TERRACE?

Yes, as long as you don’t bother your neighborhood with the smoke. But: If
children are around, caution should be exercised. The protection of minors has
the highest priority.


WHO CAN GROW CANNABIS IN A RENTAL APARTMENT?

Since April, the cultivation of cannabis plants has been permitted in the
apartment, on the balcony, on the terrace or in the garden. However, you must be
at least 18 years old and have been resident in Germany for at least six months.
Cultivation, purchase and possession of cannabis remain prohibited for minors.

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HOW MANY PLANTS ARE ALLOWED IN THE RENTAL APARTMENT?

You are allowed to have a maximum of three female cannabis plants per person.
This means: If you live in your apartment as a couple or in a shared apartment,
you can even have more than three plants in one apartment. Each person is also
allowed to store 50 grams of marijuana within their own four walls, but can
carry a maximum of 25 grams outside the home. Anyone who owns too much (up to 60
grams) or carries it with them (up to 30 grams) is committing an administrative
offense. Anything beyond that is a criminal offense.

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If you don’t want to grow it yourself, you have the option of registering as a
member of a growing association. The association can then grow the three plants
and hand out marijuana within the legal framework.


IS THERE AN AGE LIMIT FOR CANNABIS CONSUMPTION?

Yes, minors are completely prohibited from owning and growing it. Young people
between the ages of 18 and 21 are only allowed to purchase cannabis with a
limited maximum THC content of ten percent from cultivation associations.
However, you must be a member of this growing association. The amount of
marijuana is limited to 30 grams per month.




CAN CANNABIS BE GROWN IN APARTMENTS WITH CHILDREN?

Anyone who wants to grow cannabis must protect minors. For this reason, the
Federal Ministry of Health has laid down fixed rules for storing cannabis
plants. This means: The cultivation of cannabis plants in apartments with
children and young people is not generally prohibited. However, the plants must
be secured so that children do not have access to them.

This means that they cannot simply be grown in the garden if there are children
there. The strong smell of the plants can also disturb neighbors, so precautions
would have to be taken to prevent the odor nuisance. Harvested cannabis must
also not be freely accessible and therefore not pose a danger to children or
young people.

Read too

Buying and planting cannabis seeds: You must follow these regulations when
growing your own seeds




WHAT RIGHTS DO NEIGHBORS HAVE?

In principle, the neighborhood has the right to defend itself against disruption
caused by the cultivation and consumption of cannabis. For example, if the odor
caused by cannabis plants is excessive, a neighbor may complain.

However, neighbors generally have to tolerate consumption. “As long as the
tenant acts within the framework of the legal regulations, neighbors are
unlikely to have any recourse,” specialist lawyer Alexander Bredereck is quoted
by Immowelt. Exceptions may exist if the tenant smokes excessively and this
causes extreme disruption to the neighbors when using the rental property.

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IS THERE A CANNABIS RENT REDUCTION?

Yes, under certain circumstances a strong smell of cannabis can justify a rent
reduction as it can affect the use of your own apartment. The amount of the
reduction depends on the individual case and should be discussed with a lawyer.
How much the rent reduction could be due to smoke is always individual.


CANNABIS LEGALIZATION: WHAT RIGHTS DOES THE LANDLORD HAVE?

It doesn’t matter whether the landlord likes the fact that cannabis is being
consumed in his apartment. Because: In most cases he is not allowed to
intervene. The legalization of cannabis also applies to rented apartments. When
renting the property, the landlord transfers all rights of use of the apartment
to the tenant. The apartment is inviolable, according to Article 13 of the Basic
Law.



Accordingly, the landlord is generally not allowed to prohibit cultivation,
consumption or possession. According to Alexander Bredereck, the landlord would
have great difficulty legally enforcing such bans. “Of course, this only works
as long as the tenant stays within the legal framework. In this respect, the
cannabis plants are protected by the tenant’s fundamental right to free
development of their personality in a similar way to the alcohol stocks in the
house bar,” says the lawyer.


CAN A LANDLORD RESTRICT CANNABIS CONSUMPTION?

It is entirely possible for the landlord to include relevant clauses in the
rental agreement. “However, to the extent that these restrict the tenant from
legally permissible use, such clauses are likely to be ineffective,” emphasizes
specialist lawyer Bredereck to Immowelt. However, this only works to the extent
that consumption does not cause unreasonable annoyance to other tenants.

At this point, a ban is comparable to banning smoking in apartments. For
example, if the entire stairwell smells of cannabis, the tenants should work
with the landlord to negotiate a solution. For example, it could be better
ventilated.




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