With the legalization of cannabis in Germany, adults are permitted to possess up to 50 grams of cannabis for personal use at their residence or habitual abode and up to 25 grams outside these locations as of April 1, 2024. This development raises critical questions for employers: How should cannabis consumption be addressed in the workplace?

Application of the Relative Prohibition of Narcotics

According to the explanatory memorandum of the law, cannabis is classified as a narcotic under Sec. 1 no. 8 of the German Cannabis Act (Konsumcannabisgesetz, KCanG). Consequently, workplace safety remains a top priority in occupational health and safety regulations. Arbeitsschutzrechtes bedeutsam: Die Sicherheit am Arbeitsplatz hat oberste Priorität.

Under Sec. 15 para. 2 of the German General Accident Prevention Regulations (DGUV Vorschrift 1), employees must not consume alcohol, drugs, or other intoxicating substances in a manner that could endanger themselves or others. This relative prohibition applies equally to cannabis, particularly in safety-critical roles, even when consumption falls within the legally permitted limits. Employers are responsible for enforcing this prohibition and must intervene if cannabis use poses a risk to workplace safety. Notably, this applies even if consumption occurs outside of working hours. Moreover, cannabis prescribed for medical purposes is subject to Sec. 15 para. 3 of DGUV Vorschrift 1. However, unless explicitly mandated by law—such as for bus and tram drivers or pilots—there is no absolute prohibition of drugs in the workplace.

Employers must also consider the public consumption ban under Sec. 5 para. 2 KCanG, which restricts cannabis use in specific areas, including near minors, schools, and pedestrian zones between 7 a.m. and 8 p.m. Additionally, the possession and consumption of cannabis by underage vocational trainees are strictly prohibited under Sec. 3 para. 1 and para. 2 KCanG.

Company-Specific Regulations

Within these legal parameters, employers have the discretion to establish internal policies regarding cannabis use, tailored to their company's specific needs. However, such regulations must respect employees' fundamental rights. For example, a blanket ban on cannabis consumption during employees’ leisure time is unlikely to be legally enforceable unless it demonstrably affects workplace performance.

If a works council exists, regulations governing cannabis use can be formalized in a works agreement. This is particularly relevant as such company policies can fall within the works council’s co-determination rights (Sec. 87 para. 1 no. 1 BetrVG and Sec. 87 para. 1 no. 7 BetrVG).

Health Protection for Non-Smoking Employees

Under Sec. 5 para. 1 of the German Workplace Ordinance (Arbeitsstättenverordnung, ArbStättV), employers must implement measures to protect non-smoking employees from exposure to smoke and vapors from tobacco, cannabis products, and e-cigarettes. This may include a general smoking ban or designated smoking areas, provided that such employer directives are reasonable and proportionate.

Recommendations for Employers

Beyond workplace policies, employers may face further legal and practical challenges, such as:

• The legality of drug tests and screenings, particularly concerning data protection laws.
• Workplace initiatives to prevent substance abuse.
• Employment measures in individual cases, including temporary bans from the workplace, formal warnings, or dismissals.

To ensure compliance and maintain workplace safety, employers are advised to establish clear, transparent policies on cannabis use. Well-defined rules not only enhance clarity for employees but also enable companies to enforce violations appropriately.

For further guidance on managing cannabis-related workplace issues, the law firm DITGES provides interdisciplinary legal advice from our offices in Bonn and Munich. Please feel free to contact us.

Prof. Dr. Renate Dendorfer-Ditges LL.M. MBA Lawyer / Specialist in Labor Law, Commercial and Corporate Law, International Commercial Law / Certified Mediator

Philipp Wilhelm LL.M. Lawyer / Certified Mediator

Stand: 06.01.2025