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Cannabis-Change: Courts review thousands of proceedings anew

Since April 1st of this year, Jibbing and cannabis possession are not prohibited per se in Germany. The judicial changes make a lot of work for the courts in Bavaria.

The legalization of Cannabis means, according to the Bavarian Justice Minister, an additional...
The legalization of Cannabis means, according to the Bavarian Justice Minister, an additional workload for the courts.

Criminalization - Cannabis-Change: Courts review thousands of proceedings anew

The decriminalization of Cannabis creates a lot of work for the justice system in Bavaria. In over 6200 supposedly closed cases, courts had to decide if a previously imposed sentence needed to be adjusted according to the law change. The Bavarian Justice Ministry confirmed this to the German Press Agency in Munich. In over 3500 cases, a decision had already been made, while the rest were still pending (as of June 15, 2024).

"The additional workload from the Cannabis law is enormous for the justice system. The Federal Government unnecessarily burdens the justice system instead of relieving it," said Bavaria's Justice Minister Georg Eisenreich (CSU).

In Bavaria alone, the prosecutors had to manually go through approximately 41,500 case files. "For offenders who were also sentenced for other still punishable behaviors (mixed cases), the sentences had to be resentenced in complex proceedings," said Eisenreich.

33 prisoners were reportedly released from Bavarian prisons due to the law change, according to the Justice Ministry's statements (as of June 15). Among them was, according to the Munich Prosecutor's Office, a doctor who had prescribed Cannabis and violated the then-applicable law.

"We assume that the release will lead to an increase in Cannabis consumption and – despite home cultivation and growing cooperatives – to the growth of the black market," said Eisenreich. "The Cannabis law significantly limited investigation possibilities. It harms internal security and makes Germany more attractive for organized crime. The Netherlands serve as a warning for serious errors in drug policy." Eisenreich also expects "an increase in proceedings related to driving under the influence of Cannabis".

  1. The Justice Ministry in Bavaria, led by Georg Eisenreich, expressed concern about the impact of Cannabis decriminalization on the state's justice system, as reported by the German Press Agency in Munich.
  2. The decriminalization of Cannabis has resulted in a significant increase in workload for Bayeran prosecutors, with over 41,500 case files requiring manual review.
  3. The Federal Government's Ineffective approach to Cannabis decriminalization has resulted in an unnecessary burden on the justice system, according to Eisenreich.
  4. Amidst the over 6200 cases affected by the decriminalization, the Bavarian Justice Ministry has released 33 prisoners, including a doctor who violated the previous Cannabis laws by prescribing it.
  5. The Justice Minister of Bavaria, Eisenreich, forecasted an increase in Cannabis consumption, growth of the black market, and subsequent legal proceedings related to driving under the influence of Cannabis due to the decriminalization.
  6. Eisenreich criticized the decriminalization of Cannabis, citing it as a limiting factor in investigation possibilities, a threat to internal security, and a potential magnet for organized crime, drawing parallels with the drug policy of the Netherlands.

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