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During a two-month legal window, four prisoners who had been apprehended for cannabis-related offenses were released.

After nearly two months since the legalization of cannabis, six UKS (drug offence) sentences for marijuana or hashish crimes have been reconsidered in Brandenburg. As stated by a representative from the Brandenburg Ministry of Justice, "In four instances, inmates were set free." In the other...

A barbed wire fence surrounds the grounds of a prison.
A barbed wire fence surrounds the grounds of a prison.

The key reason behind this situation is the amnesty clause for old cases included in the new law, the Cannabis Act. This law ensures that any future penalties that are no longer punishable will be removed. When a penalty involves a portion that has been abolished, the court has to reevaluate the entire penalty, said a spokesperson for the ministry.

In the German state of Brandenburg, this process requires a meticulous review of over 3600 cases in adult criminal law related to drug offenses involving cannabis. Most of these cases involve fines.

So far, around 1000 cases have been checked, and out of them, about 100 involved what are known as "mixed convictions." These are cases where other offenses that are still punishable were also involved. In each of those particular cases, a new judicial decision must be made about the appropriate penalty. This could result in recalculated fines or even a prison sentence.

These reviews are placing a significant burden on the probation authorities, reported the ministry spokesperson. It is pulling resources away from their primary duty of preventing crime. The completion of the reviews is currently uncertain.

Read also:

  1. The process of reviewing old cannabis-related cases in Brandenburg's criminal law is being handled by the Ministry of Justice in Germany, as stated in the Cannabis Act's amnesty clause.
  2. The legalization of cannabis for medicinal purposes has brought about changes in Germany, leading to the release of some prisoners serving cannabis-related sentences, though the full impact on prison populations is yet to be seen.
  3. In Berlin, the Ministry of Justice is carefully evaluating over 3600 cases, and the review has uncovered around 100 "mixed convictions" involving cannabis and other crimes, which may result in recalculated fines or even prison sentences.
  4. The legalization of cannabis for medicinal purposes and the subsequent review of old cases have put a strain on Germany's probation authorities, diverting resources from their primary duty of preventing crime and addressing drug addiction.

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