Drug policy
Cannabis release is initially going smoothly – open questions
Since April 1st, the possession, private cultivation and consumption of cannabis has been permitted in Germany, subject to certain rules. photo
© Christian Charisius/dpa
Since Easter Monday, adults have been allowed to possess and consume cannabis under certain conditions. So far, the states and municipalities have not reported any major incidents – but there are unanswered questions.
Municipalities demand instructions for the controls
It is therefore unclear to cities and municipalities how they should monitor compliance with the established distance rules from schools, daycare centers or sports facilities or the many rules for the cultivation clubs permitted from July 1st. “It is clear that the municipal regulatory authorities must not be overloaded, because there is already a lack of staff in many places,” said Berghegger. He also called for information on how to ensure efficient protection of minors and how to control private cultivation of cannabis.
“For trust in the state, it is important that legal regulations are always designed in such a way that they are controllable and comprehensible. We still see significant deficits in the current cannabis law,” he criticized.
Police initially report a quiet situation
From the police’s point of view, the entry into force of cannabis legalization went smoothly, for example in Thuringia: On the first day there were three smaller rallies by cannabis supporters in the Free State, said a spokesman for the state police department on Tuesday. There were no major incidents there. The spokesman could not say whether there were specific violations of distance or quantity requirements. “But we don’t have anything outstanding to report. It was an absolutely quiet start.”
According to the Berlin police, there have so far been no special incidents or abnormalities in the city in relation to cannabis legalization. “Control measures are carried out depending on suspicion as part of daily work,” said a spokeswoman when asked by the German Press Agency about the officers’ actions.
Inconspicuous and calm – this is how the police headquarters in Bavaria describe the start of cannabis legalization. From Munich it is said that so far there have been no particular violations in connection with the new law. Other Bavarian presidiums were initially unable to provide any more precise information on specific violations of distance or quantity requirements. However, the respective press offices are not aware of any special or outstanding cases. “Everything will have to work itself out first,” said a spokesman for the Upper Bavaria North Police Headquarters.
Defendant benefits from cannabis legalization
In Düsseldorf, the new cannabis regulation saved a defendant from prison. The 37-year-old had to answer at the district court on Tuesday for illegal possession of heroin and cannabis. According to the old legal situation, the man would have possessed a significant amount of drugs, which is considered a crime. According to judge Britta Brost, according to the new law that has been in effect since Monday, the amount is just below this limit.
This means that drug possession is now only a misdemeanor, which allows for fines and suspended sentences. The 37-year-old confessed to the allegations through his defense attorney. He was sentenced to six months in prison on Tuesday and, as a condition of his probation, must begin drug rehabilitation treatment until the end of July.
He was caught on June 9, 2022 at Düsseldorf Central Station with almost five grams of heroin and 1.6 grams of cannabis. The 37-year-old has several previous convictions. During the trial he declared that he would no longer take drugs. The verdict is final because both sides waived their right to appeal.
CDU wants to reverse approval
The First Parliamentary Managing Director of the CDU/CSU parliamentary group, Thorsten Frei, doesn’t think much of the new law: “A path that no other country in Europe is taking is certainly a wrong path. And that’s why we would have to reverse this law,” said Frei on RTL/ntv Frühstart. If the Union wins the federal election next year, cannabis legalization would be repealed.
Health politician Janosch Dahmen (Greens), on the other hand, defended the legalization on Deutschlandfunk. In the medium and long term, the new law will enable society to use cannabis in a healthier and better way.
Since April 1st, the possession, private cultivation and consumption of cannabis for adults has been permitted in Germany. However, no more than 25 grams may be carried in public or more than 50 grams stored at home. Three plants in the living area are permitted. The following applies to consumption in public: not near children and young people, schools, daycare centers, playgrounds and sports fields and not in pedestrian zones during the day.