Anyone who possesses more cannabis than permitted may not be punished based on the entire quantity. The Bavarian Higher Regional Court (BayObLG) has clarified that the 60 grams that are exempt from punishment must be deducted before a court assesses the „large quantity“ threshold. The decision of 1 October 2026 partially overturns the sentence from proceedings in Passau. It also contains a rule that is important for people with several residences.
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The Passau Case Before Bavaria’s Highest Court
The Passau District Court convicted the defendant in August 2025, and the Passau Regional Court upheld the conviction on appeal in May 2026. Hashish and marijuana were found distributed across multiple residential addresses, along with methamphetamine and driving without a license. The Regional Court treated the cannabis as a large quantity possession. Upon revision, the Criminal Senate of Bavaria’s Supreme Court (BayObLG) corrected the guilty verdict (case no. 206 StRR 264/26).
Large Quantity: Deduct the 60 Grams First
Under Germany’s Cannabis Consumption Act (KCanG), possession of up to 50 grams at one’s residence is legal. Possession becomes criminal above 60 grams; between 50–60 grams carries an administrative fine. A particularly serious case exists when a „large quantity“ is involved. This threshold is set at 7.5 grams THC. The BayObLG now makes clear that the threshold is calculated only from the amount exceeding the legal 60-gram allowance. This is precisely what the Regional Court had overlooked.
Notably, the court’s calculation rule favors the defendant. When cannabis has varying potency levels, the strongest material is applied to the 60-gram legal allowance. In the Passau case, that was hashish with 26.4 percent THC. After this deduction, the remainder fell well below 7.5 grams THC. The large quantity charge was therefore dropped. How disputed this threshold has been for years is shown in our background on large quantity issues and the dispute between a district court and Germany’s Federal Court of Justice over THC values.
Multiple Residences: Cannabis is Combined
The defendant did not escape punishment entirely. The court combined cannabis from his various apartments and habitual residence. Anyone distributing their supply across multiple addresses does not receive the 60-gram allowance multiple times. In total, the defendant exceeded the limit. The guilty verdict now reads possession of more than 60 grams of cannabis, without the addition of large quantity.
Sentencing: „Hard Drug“ Label Insufficient as Justification
The Senate also found errors in sentencing. The Regional Court had blanket-classified methamphetamine as a hard drug and weighted this as an aggravating factor. Without specific justification for the particular substance, this is legally defective, according to the BayObLG. If a drug serves only personal consumption, its danger may carry minimal weight. Moreover, simultaneous possession of a large quantity of cannabis could not be treated as an aggravating factor because no such quantity existed.
The sentences for both possession offenses and the overall sentence are set aside. A different criminal panel of the Passau Regional Court must decide anew. The conviction for driving without a license and the six-month individual sentence for it remain. In July, the same Senate had already demanded that courts clearly separate personal consumption from commercial quantities. The line from Bavaria is clear: anyone convicted under the KCanG must calculate precisely. The debate over fixed quantity thresholds is not new, as our archive article on uniform small quantity standards nationwide shows. Even then, the question arose whether the general cannabis prohibition remained tenable.
Frequently Asked Questions
When does home cannabis possession become criminal?
Up to 50 grams at your residence is legal. Between 50 and 60 grams constitutes an administrative violation. Possession of more than 60 grams is criminal.
What is a „large quantity“ of cannabis?
According to case law, large quantity is set at 7.5 grams THC. When reached, this typically constitutes a particularly serious offense with a significantly higher sentencing range. According to the BayObLG, only the amount above the legal 60 grams counts toward this threshold.
Which cannabis product counts against the 60-gram allowance?
In the defendant’s favor, the cannabis with the highest potency is deducted. In the Passau case, this was hashish at 26.4 percent THC. For the remaining amount, less THC therefore remains.
Does the 60-gram allowance apply separately to each residence?
No. According to the BayObLG, cannabis stored simultaneously at different residences and habitual residences is combined. Distributing a supply across multiple addresses does not increase the legal allowance.
Source: BayObLG decision dated October 1, 2026, case no. 206 StRR 264/26 (gesetze-bayern.de, BeckRS 2026, 24723); prior rulings from Passau Regional Court, verdict of May 13, 2026, and Passau District Court, verdict of August 13, 2025, case no. 12 Js 7738/23; DHV-News #529 from November 6, 2026.
Sollten die 60 Gramm vor der Strafbarkeit abgezogen werden?
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