Justice - Senator: Devastating effects of cannabis law
Approximately three months after the widespread legalization of Cannabis in Berlin, Justice Senator Felor Badenberg's fears have been confirmed by the city's prosecutor's office. "We're already seeing devastating consequences: even more burdens for an already strained justice system," said the CDU politician to the German Press Agency. The Cannabis law was rushed through by the federal government. The justice system had warned early on about the burdens of the Cannabis law. "Unfortunately, we were right," said Badenberg.
In Berlin, according to the prosecutor's office, approximately 5860 criminal proceedings, involving cannabis-related drug offenses, need to be reviewed due to an amnesty regulation for old cases. This regulation particularly applies to ongoing investigative proceedings and judgments in which fines have not been paid or prison sentences have not been served. These proceedings must be reviewed to determine if the judgments fall fully or partially under the intended amnesty.
Sentences reduced in around 120 cases
According to the prosecutor's office, in around 120 cases (as of June 19), already imposed sentences for marijuana or hashish offenses have been reduced. So far, around 150 applications to the courts for re-determination of sentences have been submitted. Few decisions have been made in this regard. Approximately 100 manhunts for suspects have been halted, a spokesperson stated.
The review process is extensive and time-consuming, according to the Senate Justice Administration. It has already cost several thousand working hours. In individual cases, multiple reviews are necessary if the criminal proceedings involve multiple defendants.
No relief from the new regulation, according to the Berlin Senate Justice Administration: It is foreseeable that it will not be effective in curbing the cannabis black market. Negative consequences are expected in organized drug crime. Because of the new regulation, not all evidence can be used in the criminal proceedings.
Acquittal raises further concerns
In a marijuana smuggling trial in Mannheim, the defendant was acquitted due to the new law. The man was identified by the authorities through the analysis of chats on the encrypted messaging service Encrochat. According to the Mannheim Regional Court, these findings could not be used in this case - because cannabis no longer qualifies as a narcotic under the new law.
The Mannheim judgment is not yet legally binding but has caused widespread discussion in the justice system nationwide. If the decision prevails and the law is not changed, the Berlin Prosecutor's Office expects further problems. Possible claims for damages for unjust detention could arise, a spokesperson explained.
- The German Press Agency reported that Felor Badenberg, Justice Senator from CDU in Berlin, expressed concerns about the impact of Cannabis legalization, stating that it's causing additional strain on the justice system.
- The city's prosecutor's office revealed that around 5860 criminal proceedings related to cannabis drug offenses need review due to an amnesty regulation for old cases.
- According to the prosecutor's office, in approximately 120 cases, already imposed sentences for marijuana or hashish offenses have been reduced due to the amnesty regulation.
- The review process for these cases is extensive and time-consuming, already costing several thousand working hours, with multiple reviews necessary for cases involving multiple defendants.
- The Berlin Senate Justice Administration predicts that the amnesty regulation will not be effective in curbing the cannabis black market, expecting negative consequences in organized drug crime.
- In a marijuana smuggling trial in Mannheim, the defendant was acquitted due to the new law, potentially leading to further problems for the Berlin Prosecutor's Office and potential claims for unjust detention.
- The Federal Government's rush to legalize Cannabis has faced criticism, as early warnings about the burdens of the Cannabis law went unheeded, contributing to these ongoing challenges in justice and health systems.
