Cannabis with our northern neighbors

Germany and cannabis - after the ruling of the German Federal Constitutional Court in 1994, there was some hope that at least the German constitutional state would protect THC users. But in reality, very little has happened.

A landmark judgement

That anything could ever turn or turn in Germany in the direction of decriminalization of cannabis enjoyers seems unthinkable. The last big milestone in the cannabis history of Germany dates back to 1994. 15 years ago, also a fifth of human life, it took the judiciary as the last reasonable instance to intervene against the massless prosecution of cannabis users. The Federal Constitutional Court made a “small amount judgment” with the key statement: “However, it is precisely in these cases that the degree of endangerment of legal interests emanating from the individual act and of individual culpability may be low. This is especially true if cannabis products are acquired and possessed only in small quantities for occasional personal use.”

Different implementation

The Federal Constitutional Court left the shaping of this principle to the federal states. This has resulted in very confusing disparities. In Baden-Württemberg, three units of consumption are enough to trigger criminal proceedings, whereas in Bremen, Hanover or Berlin, a case can still be dismissed if the quantity involved is ten grams. Of course, the goods are confiscated in all federal states.

A political review

Nothing has happened since then. Kohl was replaced in 1998. When Schröder took over the red-green government, it was hoped that the SPD's smaller partner, the Greens, would take up the issue, since they postulated liberalization. They waited in vain for seven years. The SPD did not budge an inch, and the Greens gave little weight to the issue. From 2005 to 2009, when the grand coalition of black and red governed under Merkel, any germ was nipped in the bud. With Sabine Bätzing (SPD) as drug commissioner, repression was pushed to new heights in this era. Particularly perfidious are the possible driver's license revocations for multiple users, regardless of whether or not they smoked beforehand. It is foreseeable that also the insurance protection in the motor traffic for stoners expires. This policy results in over 100,000 criminal cases annually. If one takes the estimated four million consumers, it takes statistically 40 years until one is chased through the floodgates of justice.

The current situation

In the run-up to the 2009 elections, the German Hemp Association launched a survey among the five major parties. The conclusion of this survey is briefly outlined as follows:

  • The Union is committed to a drug-free society, which can only be enforced through repression.
  • The FDP takes an ambiguously liberal position on drug issues.
  • The SPD only distinguishes itself from the CDU/CSU in nuances.
  • The ray of hope remains the Green Party, which advocates acceptance-oriented, prevention-based policies that put the (dependent) person at the center.
  • A new addition is “Die Linke”, they demand an end to the “war on drugs” and want to legalize the use of cannabis.

The election was won by the coalition of the CDU/CSU and the so-called liberals. It is foreseeable that the policy regarding cannabis will hardly change.

Dealing with hemp rests on four pillars

  • Prevention
  • Consultation and treatment
  • Survival aids and damage reduction
  • Supply reduction and repressive measures

While prevention is okay and counseling and treatment are justified for heavy users, survival assistance and harm reduction are hardly needed for cannabis use. Finally, illegality is not a solution, but the main reason for problems with THC use.

Last modified: 2024/03/27 08:56

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Legal overview

Shit happens 15 (Summer 2023)

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