Legal Decision Made - Union ministers for justice propose amending the cannabis legislation.
Several German officials are urging the Federal Government to modify the Cannabis Law. They're concerned that judges have been dismissing charges of drug importation due to restrictions on certain kinds of evidence introduced by the new law. The Justice Ministers from Baden-Württemberg, Bavaria, Brandenburg, Hesse, Schleswig-Holstein, Saxony-Anhalt, and the Justice Senator from Berlin are among those speaking out. They want the Federal Justice Minister, Marco Buschmann, to promptly address the issue by adjusting the corresponding passage in the Criminal Procedure Code as well.
The states are calling for the Federal Justice Minister to swiftly address these gaps by changing the necessary parts of the Criminal Procedure Code during the upcoming revisions of the Cannabis Law.
Baden-Württemberg's Justice Minister, Marion Gentges (CDU), noted that drug dealers are taking advantage of the new Cannabis Law to break existing laws. Bavaria's Justice Minister, Georg Eisenreich (CSU), also expressed criticism, stating that important investigation tools are being taken away from authorities, which benefits the perpetrators of organized drug crime. This is making Germany an attractive destination for criminals.
The German Judges' Association shares these concerns. Their Federal Executive Director, Sven Rebehn, stated that the Cannabis Law is causing major legal uncertainty. "Now, legal gaps are surfacing that were previously anticipated by experts during the legislative process," Rebehn remarked. The federal government should not disregard the need for revisions, he added. "The stated goal of the Cannabis Law is to fight organized drug crime and deprive the black market of its foundation, not to facilitate dealers' business operations."
The ministers reference a judgment by the Mannheim Regional Court. It acquitted a man in early April who was accused of importing 450 kilograms of marijuana into Germany. The court ruled that the key evidence - encrypted chat messages from the Encrochat software - could no longer be used in accordance with the new law. This decision has set a precedent, with several other courts following its assessment in their rulings.
A representative from the Federal Ministry of Justice had earlier acknowledged the aim of eliminating the black market. However, they emphasize the necessity of using legal means that are appropriate and proportionate. "Invasive investigative measures such as telecommunications surveillance and online searches are only permissible for serious or particularly serious crimes," they pointed out. It's unclear how the Federal Court of Justice will rule in the Mannheim Regional Court's case and what the implications will be for similar cases.
The Bundestag is anticipated to discuss changes to the law in the near future. This includes, among other measures, adopting a new driving limit, banning driving under the influence of cannabis, and providing additional regulations for the new cultivation cooperatives to prohibit the emergence of massive plantations.
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- The Justice Ministers from various German states, including Baden-Württemberg (CDU), Bavaria (CSU), Brandenburg, Hesse, Schleswig-Holstein, Saxony-Anhalt, and Berlin, are advocating for revisions to the Cannabis Law.
- Marion Gentges, the Justice Minister from Baden-Württemberg, and Georg Eisenreich, her counterpart from Bavaria (CSU), have criticized the impact of the new Cannabis Law on drug investigations.
- The German Judges' Association believes that the Cannabis Law is causing legal uncertainty, with Federal Executive Director Sven Rebehn calling for necessary revisions.
- The Mannheim Regional Court's acquittal of a man accused of marijuana importation due to the new law's restrictions on certain evidence has set a precedent.
- The Federal Ministry of Justice acknowledges the need for appropriate and proportionate investigative measures, emphasizing that only severe crimes warrant invasive tactics.
- The upcoming Bundestag discussion will likely include adjustments to driving limits, banning driving under the influence of cannabis, and implementing regulations for cultivation cooperatives.
- Marco Buschmann, the German Federal Justice Minister, is urged to promptly address the weaknesses in the Cannabis Law by modifying the corresponding sections of the Criminal Procedure Code.
- The Cannabis Law, aimed at fighting organized drug crime and eradicating the black market, is facing challenges in delivering on its intended objectives.
- Organized drug criminals may be finding Germany increasingly appealing due to the loopholes in the new Cannabis Law, as pointed out by several states' Justice Ministers.
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