As a result of the partial legalization of cannabis, 24 people were released from prison in Bavaria by April 1st. To do this, the public prosecutor’s office had examined more than 29,000 files, said Justice Minister Georg Eisenreich (CSU) to the German Press Agency in Munich. The authorities had to search for convicts who fell under the new maximum permitted amounts for cannabis. The enforcement of unpaid fines was also stopped. In addition, there are many cases in which sentences have to be re-set because those affected have also committed other offenses. Since April 1st, adults in Germany have been allowed to keep up to 50 grams of marijuana or hashish at home and carry a maximum of 25 grams with them outside. Distribution and sale are still prohibited. In addition, members of special clubs will be allowed to grow the drug together from July 1st. Growing three plants at home is permitted. The cannabis law was combined with an amnesty for old cases. However, Bavaria is taking a very restrictive approach to enforcing the new legal regulations.
According to the ministry, more than 2,500 proceedings for the re-determination of sentences were pending in the courts in Bavaria on April 30, and decisions had already been made in 785 cases. At present, it is not possible to say with any statistical certainty how many of those affected were released earlier after the review.
“The additional workload caused by the cannabis law is enormous for the judiciary. The federal government is putting unnecessary strain on the judiciary instead of easing it,” criticized Eisenreich. According to the ministry, the public prosecutors submit files that were identified as mixed cases during manual review with a corresponding application to the responsible court. The court must then re-determine the sentence by order. According to the ministry, the main difficulty is the fact that those affected must be legally heard before a decision is made. In many cases, however, the courts cannot reach the people because their current whereabouts are unknown. Targeted investigations are not always successful. If the convicted person is abroad, a complex request for legal assistance must sometimes be made.