The 31-year-old had set up a decent camp. In any case, the just over 100 grams of marijuana that the police found in his apartment in the northern district in February is almost twice as much as an “only small amount” according to the Narcotics Act. The accused machine operator emphasized in the trial before the local court that part of the intoxicant was also designed for personal use, which is actually not without it: for almost eight years he has been smoking around five to ten grams a week. The reason for this, according to the defendant, is in particular the shift work that he has been doing for ten years and the resulting sleep disorders.
But from the beginning it was clear that not only the possession but also the trade in the intoxicant had taken place – with 100 grams in the kitchen cupboard and 900 euros in cash right next to it, no big surprise. As clear as the evidence was, the defendant was adamant and cooperative, and that at a strikingly early stage. He went into the network of a civilian police patrol in the north of the district, who had smelled marijuana in a local cemetery. Since she considered it unlikely that the dead had risen on this February day and wanted to smoke a bit of smoke to celebrate the day, only the two men who were – far and wide the only ones – leaning against the cemetery wall were considered instead.
Since the joint was within reach, there was no point in denying it and the defendant even went so far as to confess his possession of the said 100 grams and to invite the officers to his apartment – that is, to consent to a voluntary apartment inspection. Instead of pizza and beer, however, the police preferred to bring a sniffer dog with them as a precaution, but it was unable to find any other secret hiding spots.
The defendant, who has a criminal record of drug possession and assault in one case, was not completely righteous either. In addition to some confusion about the number of own dealers and customers, the toxicological examination of a hair sample had also revealed traces of cocaine and amphetamines – although the man had previously stated that he only consumed marijuana. When confronted with the evidence, he finally stated, “Party, that’s all I will say about it.”
After a period of reflection and discussion with the defense attorney, which had almost been prescribed by judge Markus Nikol, the defendant said something. He tried both other drugs at a New Year’s Eve party, but they were “unsuitable” for him. The judge’s admonishing question: “So once and never again?” “Exactly.”
Due to the clear evidence and the cooperation of the accused, a verdict was quickly found: one year and eight months, on probation and thus six months over and two months under the required times of the indictment and defense. In addition, the defendant has to donate 2000 euros to the addiction counseling service Grafing and take over the costs of the proceedings – as far as normal. Part of the requirements are also that the accused may not end the therapy that he has started in the meantime against medical advice and must undergo drug screening several times.