The German Cannabis Business Assoc
BayObLG: Landmark Decision on Security Obligations and Quantity Limits
2026-05-11 | The Bavarian Supreme Regional Court clarified key legal questions of the Cannabis Consumption Act in a recent decision, according to attorney Jens Ferner. According to the ruling, the security obligation under Section 10 KCanG requires active conduct by the owner.
Merely relying on the consideration of roommates or guests is insufficient; instead, physical barriers such as locked cabinets must prevent third-party access. A further doctrinal focus of the decision concerns the relationship between criminal offenses and administrative offenses. These exist in strict alternation with one another because they are tied to clearly defined quantity thresholds. Exceeding the maximum limit of 60 grams for administrative offenses constitutes only a criminal offense.
A fallback to administrative fine proceedings after the dismissal of criminal proceedings for quantities exceeding 60 grams is therefore excluded. In addition, the senate clarified that the absence of security measures may not be considered an aggravating factor, since this already constitutes the unlawful element of the offense itself. Confiscation orders must also always precisely specify the type and quantity in the operative part of the judgment.
