German Court Rules Prison Cells Qualify for Cannabis Possession Rules

LOS ANGELES- A Berlin appellate court (Kammergericht) has ruled that prisoners are legally permitted to possess up to 50 grams of cannabis in their cells for personal use, classifying prison quarters as the inmates’ “habitual residence.” Under Germany’s Cannabis Act, adults may hold up to 50 grams at home, defined legally as a place of ordinary residence, which the court found applies to long-term incarceration.

The court’s decision, issued on May 28, 2025 (case No. 5 ORs 17/25), involved a prisoner serving over two years, found with approximately 45 grams of cannabis resin in his cell. The Berlin District Court had previously dismissed charges, noting compliance with § 3 Abs. 2 S. 1 Nr. 1 of the Cannabis Act (KCanG), which allows such possession at a person’s habitual residence.

Central to the ruling was the interpretation of “habitual residence” as defined in § 1 Nr. 17 KCanG—requiring continuous presence for at least six months. The Kammergericht agreed, affirming that a prison cell meets the statutory requirement.

However, the court emphasized that legality extends only to possession—not consumption. The prison administration retains authority to prohibit use within the facility, meaning inmates may legally hold cannabis but cannot necessarily consume it on-site.

The decision highlights an important legal interpretation aligned with Germany’s partial cannabis legalization efforts. Fully legalized on April 1, 2024, the Cannabis Act permits adults to carry up to 25 grams in public and possess 50 grams at home, with non-commercial clubs and limited home cultivation also permitted.

The ruling may prompt further legal examination of inmate rights under the Cannabis Act. Although prosecutors had sought to restrict the law’s scope to traditional private residences, the appellate court firmly established that long-term confinement can meet the definition of habitual residence.