The judiciary is reviewing numerous cases involving cannabis.
Starting in April, the legalization of cannabis in parts of Germany enters into force. However, it's causing issues for justice officials due to past cannabis-related offenses.
Two months after Germany started partially legalizing cannabis, the justice system is dealing with a massive amount of cases that need reexamination. In Baden-Württemberg, for instance, there are around 25,000 situations that need reassessment because of the federal amnesty for prior incidents. In other regions, there are additional thousands of cases: Saxony-Anhalt has more than 5,000, Bavaria has over 29,000, Thuringia has 4,500, and Lower Saxony has 16,000.
The new law, which began on April 1st, permits possessing certain quantities of cannabis, cultivating it privately, and consuming it—all for adults aged 18 and up. It's subject to conditions, though, like limiting the amount carried in public (at most 25 grams) and the amount stored at home (up to 50 grams). Home cultivation is allowed, and you can have three plants in your living space. Violating these conditions could result in hefty fines.
With this legalization comes a pardon for people who faced prosecution for small-scale cannabis possession in the past. This means extra work for prosecutors. According to Hesse's Chief Public Prosecutor Georg Ungefuk: "If a probation enforcement procedure is identified that could be affected by the retroactive effect, there may be complex follow-up questions in each individual case." The court is tasked with deciding what sentence would've been imposed had cannabis possession not been a factor.
Berlin has seen 92 penalty reductions since April due to cannabis or hashish violations. About 100 criminal manhunts have been called off. While many convicts were freed, overall figures weren't immediately available.
In Rhineland-Palatinate, 17 prisoners were let out, with 24 being released in Bavaria, 2 in Saarland, and 19 in Baden-Württemberg—though no releases happened in some states. On the other hand, it's not just about setting criminals free; fines dropped in some cases after the legalization of cannabis.
Niedersachsen's Justice Minister Kathrin Wahlmann continues to criticize the law. She believes it unnecessarily requires intense work from the justice system. "The cannabis law has generated an astounding amount of work in the justice system, which I consider absolutely unnecessary and superfluous," stated the SPD politician. She disagrees with the retroactive aspect of the law. "At the time of the offense, people were aware their actions were illegal and proceeded to buy or consume cannabis despite this understanding," added the Minister.
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In light of the retroactive amnesty for cannabis-related offenses in Germany, international human rights organizations are advocating for a fair and consistent application of justice, ensuring that individuals who were previously penalized for minor cannabis possession are treated equitably under the new law. Furthermore, justice officials from the JVA (Justizvollzugsanstalten, German federal penal institutions) are collaborating with relevant authorities to ensure a smooth implementation of the new cannabis regulations, ensuring that justice is served justly in all cases.
