Inquiry concerning the legal permissibility of cannabis consumption within gambling establishments under the newly enacted usage regulations.
Cannabis Use in Gaming Halls Remains Unclear in Germany
As Germany legalized recreational cannabis use in spring 2024, questions about the regulations surrounding cannabis consumption in gaming halls remain unanswered. While the Law on the Controlled Use of Cannabis allows adults to possess and consume cannabis, there are no specific publicly documented rules explicitly addressing cannabis use in gaming halls.
According to the general regulatory approach in Germany, cannabis use is subject to controlled conditions such as age limits and restrictions on public consumption or use in certain venues. Gaming halls, which have their own licensing and regulatory frameworks concerning sobriety and responsible behavior, may impose additional restrictions on cannabis use on their premises to ensure compliance with public safety and gambling laws. However, detailed cannabis-specific rules for such locations have not been highlighted.
In the absence of explicit regulations, it is advisable for cannabis users and businesses to follow the typical drug use restrictions applicable to other public venues. This includes refraining from smoking cannabis for health reasons and the protection of other guests.
It is worth noting that the new law in Germany does not explicitly ban smoking cannabis before or during working hours for employees in gaming halls. However, employees are responsible for ensuring they do not pose a danger to themselves or others while consuming cannabis. The decision regarding whether cannabis consumption during work is permitted is at the discretion of the respective employer.
Gaming hall operators can decide for themselves whether to allow guests to smoke cannabis during their stay. Tim Hilbert, legal counsel for the Automaten-Verbaende in Rhineland-Palatinate and Baden-Württemberg, recommends prohibiting guests from consuming cannabis in gaming halls, stating that this practice is not compatible with gambling protection.
The Non-Smokers Protection Act does not apply if cannabis is smoked using an E-cigarette or vaporizer. It remains uncertain whether some gaming hall operators will allow cannabis smoking by guests and employees during their stay.
As the legal framework evolves beyond initial legalization, monitoring updates from German regulatory agencies and local authorities would be necessary to gain clarity on the rules regarding cannabis use in gaming halls. Until further regulatory clarifications or local rules are issued, users and businesses should exercise caution and adhere to the typical drug use restrictions applicable to other public venues.
What about the regulations for sports venues regarding cannabis use, given that cannabis use in gaming halls remains unclear?
Given the non-specific rules for cannabis use in gaming halls, it may be worthwhile to consider whether sports venues have more clearly defined regulations on this matter.
