My Rights During a Police Stop Involving Cannabis

Since 1 April 2024, cannabis has been partially legalised in Germany. Nevertheless, police stops remain a part of everyday life for many consumers – whether on the road, in pedestrian zones, or in other encounters with officers. Knowing your rights allows you to react more calmly and with greater awareness.

## Basic Rules: Stay Calm and Cooperate

First things first: stay calm. Resisting police measures is not a good idea – even if you believe the measure is unlawful, the right approach is to challenge it afterwards, not to prevent it. Politeness and cooperation are generally better for the outcome of a stop than confrontation.

## The Right to Silence: You Don't Have to Say Anything

You have the right to remain silent. You are not required to give substantive answers to police questions. You are only obliged to identify yourself – to give your name, date of birth and address (and show ID if necessary). Everything else – whether you have cannabis, where you're coming from, what you're planning – you do not have to answer.

Practical tip: Simply say: "I am exercising my right to silence." This is not a statement that can be used against you, and prevents ill-considered remarks from incriminating you.

## Body Searches: When Are They Permitted?

The police may only search you under certain conditions. A mere suspicion or gut feeling is not sufficient. Commonly used legal bases:

Cannabis smell as initial suspicion: If officers smell cannabis, this can establish an initial suspicion of possession or consumption. An initial suspicion authorises identity verification and, under certain circumstances, a search of outer clothing or bags.

Preventive measures: If police believe you pose a danger, they can search you even without a specific criminal suspicion – particularly at so-called dangerous locations (in some federal states).

Your right: You may ask for the legal basis of the search. Note the names and badge numbers of the officers. If you consider the search unlawful, object verbally and calmly – but do not try to prevent it physically. Resolve this legally afterwards.

## If You're Carrying the Permitted Amount

If you are an adult carrying up to 25 grams of cannabis and officers discover this, you can expect a check but not criminal prosecution. Officers will likely weigh and document the quantity. If everything is within limits, you must be allowed to leave.

Important: Multiple people each carrying up to 25 grams can collectively be considered joint possession if circumstances suggest the cannabis is intended for multiple persons. This is a legal grey area.

## Drug Test: Urine or Blood Test

During a traffic stop, police may order a drug screening test (saliva or urine) if there is suspicion that you drove a vehicle under the influence of drugs. The THC limit in blood serum is 3.5 ng/ml.

You can refuse to participate in the screening test – but must then expect this to be treated as an indication of refusal, and a court-ordered blood test may follow. The blood test is then binding.

Outside of road traffic: In regular personal stops, there is no legal basis for ordering a drug test. The right to silence applies in full.

## What to Do After the Stop?

Document everything as soon as possible: time, location, names of officers, what was said, what was confiscated. If you believe your rights were violated or a seizure was unjustified, consult a lawyer. Many law firms offer free initial consultations.

If cannabis below the legal limit is confiscated, you can request its return – the cannabis belongs to you if you acted legally.