The court delivers a decision. - Nineteen inmates have been freed due to the implementation of a new law regarding cannabis.
Because of the partial legalization of cannabis, 19 prisoners from Baden-Wuerttemberg jails have been set free. The Justice Ministry in Stuttgart made the announcement on April 1st.
Approximately 25,000 cases, as per the Justice Ministry, need a manual review due to the amnesty regulations of the federal government. The time required for these reviews at the prosecutor's offices is estimated to be approximately 15 to 60 minutes per case. It's uncertain how many sentences were handed out.
"There may not be any court relief due to the cannabis law that was announced by the federal government almost a month after it took effect," said Justice Minister Marion Gentges (CDU). The police union also has major concerns with the law, which it believes was rushed through and implemented. During the legislative process, the police's requests for changes were ignored, criticized Landeschef Gundram Lottmann. Important handling instructions were missing.
This new legislation adds more strain to the justice system
The additional workload comes at a time when the justice system is already under increased pressure, explained Gentges. The number of new cases has increased significantly, including more theft and embezzlement offenses - over 618,000 in the previous year. That was a nine percent increase compared to 2022.
The "major errors" of the law have led to courts acquitting people dealing with large amounts of cannabis, said Gentges. "This outcome is hugely unjust," commented the Christian Democrat.
The first such ruling occurred in mid-April. The Mannheim Regional Court acquitted a 36-year-old of charges related to illegally importing about 450 kilograms of marijuana. The prosecution had accused the defendant of smuggling large amounts of cannabis from Spain to the Mannheim area several times in 2020. The investigators had discovered this man through the analysis of encrypted chat messages from the software Encrochat. However, the court determined that the investigators' access to the Encrochat data was inadmissible due to the new law.
Cannabis has been legal in Germany since April 1st for adults in certain quantities. Adults are allowed to have up to 50 grams of marijuana at home and carry a maximum of 25 grams of marijuana or hashish outside. Distribution and sale are still forbidden. From July 1st, the drug can be grown in special clubs and distributed to club members. Three plants can be cultivated at home.
The amnesty provision in the law applies mainly to on-going investigations and convictions where fines have not been paid or sentences have not been served. In these cases, it must be decided if the judgements fall completely or partially within the intended amnesty's scope.
Currently in Baden-Württemberg, there are ongoing proceedings involving total sentences involving: sentences that consider both currently punishable actions and future handling of cannabis. This means the previously determined total sentence must be dissolved, and a new sentence just for the currently punishable behavior must be decided.
Enforcing the new rules has been a challenge for the police
The head of the police union, Gundram Lottmann, has observed difficulties in implementing the new rules. For example, enforcing the 100-meter distance requirement around kindergartens and schools is not straightforward.
"If a cannabis user walks through the city, they probably won't know every kindergarten or school they pass by," said Lottmann. And measuring the distance with a measuring stick seems impractical. Additionally, there is the ban on possession "in the presence" of minors, a clear definition of which, Lottmann wished for.
To determine the amount being carried, officers would need precision scales. "That's not widely available," complained the union representative. In the control of cannabis plants for personal use, officers often face complicated possession situations. Lack of definitions and clarifications leads to legal uncertainty, summarized Lottmann.
