https://hanfverband.de/nachrichten/news/deutsche-bahn-cannabismedizin-auf-bahnhoefen-ist-erlaubt Published: 24 August 2017 – 11:08By: Florian Rister
Can cannabis patients take their medicine at stations? Are you allowed to smoke cannabis in designated smoking areas? These questions have not only been concerned with many affected and even railway workers since the amendment of the Act in March. The DHV has followed up at the German Railroad and received answers!
We are currently aware of a case in which a cannabis patient was given a ban on smoking in the smoking area of a station due to the smoking of cannabis. It seemed all the more exciting to get an official statement from Deutsche Bahn. Because by the re-classification of medical cannabis as a classic Annex III narcotic, this actually corresponds to the same status as many other drugs also. It is therefore not surprising that the Deutsche Bahn provides in its opinion: Legal cannabis medicine prescribed and taken is permitted at railway stations, also smoked in the smoking zone!
Here are our related questions and the complete answers from DB:
1.) The building rules for DB stations prohibit “trade with and consumption of drugs and narcotics”. Does this apply in principle to prescribed anesthetics from Appendix III BtmG?
On the basis of the relevant legal bases, such as the BGB (German Civil Code) as well as other sources, the building rules for passenger stations reflect the conditions of use of all station visitors. The control content is based on the faulty behavior of station attendants perceived on the spot and are intended to ensure that all station visitors behave equally and in a manner which is reckless in DB’s railway stations. The regulation you referred to relates, as in the BtmG, to the anesthetics of Appendix III in principle. The exception to this is provided by medically prescribed anesthetics, which were prescribed by a physician according to the provisions of the BtmG §13 (1). In this case, we believe that the intended use, Which is detectable by the corresponding prescriptions. This means in practice, as long as pharmacies documented the entitlement to the funds from Annex III to prove and consumers according to the enclosed medical regulation the legal authority to the consumption of the anesthetics can prove and from consumption no danger for the life and / or the safety of the Railway undertakings, this is not prohibited by the rules of the DB railway stations.
2.) Can patients with a prescription for cannabis take this orally in railway stations or other premises of the DB, eg as a drop, drink or pastry?
Provided that the requirements of § 13 (1) are met and the consumer can prove this and does not create any danger to life or limb through the use, the consumption is permitted in public areas of the passenger stations. For non-public areas of DB or third parties in the station, eg travel centers, office complexes or even rental units in railway stations, the respective responsible owners can define different regulations at their own discretion. This is beyond the competence of DB Station & Service AG.
3.) Can patients with a prescription for cannabis smoke this in designated smoking areas on DB stations?
If the requirements of § 13 para. 1 are fulfilled and the consumer is able to prove this and the risk of death is not a risk to life and limb, the patient may smoke in the designated smoking areas of the DB Cannabis stations by means of smoking. Provided that he does so in a provocative manner or for other station visitors of an inconvenient form, we reserve the right to use the relevant safety authorities as the owner of the house. If a consumer is unable or can not prove his right to use against our employees or on behalf of the DB companies on demand, we reserve the right to initiate domestic measures and to contact the relevant safety authorities to clarify the facts.
German Hemp Association
Cannabis as medicine
Panorama & Strange
Germany – General information
Cannabis as medicine law (2016)