Inquiries emerged concerning whether the recent legislation on regulated cannabis consumption permits smoking within gaming establishments.
April 1, 2024, marks the implementation of a law permitting regulated cannabis use in Germany. With this legislation, arcade owners are given the power to dictate whether patrons can smoke cannabis inside the arcade premises.
Arcade Owners Hold the Reins on Cannabis Consumption
Germany's recently enacted Regulation on Controlled Use of Cannabis allows adults to keep and consume up to 25 grams of dried cannabis and as many as three personal-use cannabis plants.
Inside arcades, patrons may partake in cannabis consumption. Arcade proprietors, therefore, are empowered to choose whether cannabis smoking is permissible within their facilities. The Federal Act for the Protection of Non-Smokers does not come into play if cannabis is consumed through an electronic cigarette or vaporizer.
However, Tim Hilbert, a legal adviser to the Automaten-Verbände Rhineland-Palatinate and Baden-Württemberg, suggests restricting cannabis consumption within arcades. This is primarily to uphold gambling protection standards, as well as to consider health reasons and to ensure comfort for other guests.
Guidelines for Guests in Arcades
Entry to arcades in Germany is restricted to individuals above the age of 18. Minors are prohibited from entering arcades, even when accompanied by adults. Free provision of alcoholic beverages in arcades is also not allowed.
Non-alcoholic drink vending machines may be installed for patrons to use, but at a cost. The machines can only dispense non-alcoholic beverages, as the consumption of alcohol in arcades remains illegal. Additionally, a nationwide smoking ban applies to arcades, with fines and potential imprisonment as consequences for violations on the part of arcade operators.
Cannabis Consumption within Arcade Employment Sphere
Under this new law, smoking cannabis is not prohibited before or during work hours. The responsibility falls to the employees to ensure they do not pose any risk to themselves or others.
Whether on-the-job cannabis use is accepted comes down to the discretion of each employer. There is no right to mandate drug tests for employees.
As the implementation date for this legislation draws near, it will be intriguing to see if any arcade owners decide to welcome cannabis use within their premises, both for guests and employees.
Despite the new regulation allowing cannabis use within certain limits, some arcade owners might opt against permitting cannabis smoking due to concerns for gambling protection, health reasons, and maintaining a comfortable environment for all guests, as suggested by Tim Hilbert. In the context of online casinos in Germany, while the law specifically addresses physical arcades, the impact on online platforms remains unclear.
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