legalization
A patchwork pattern is emerging when it comes to cannabis fines
Bavaria was the first federal state to adopt a catalog of fines for violations of the cannabis law. photo
© Hannes P Albert/dpa
A cannabis user smokes in front of a daycare center or school. The police notice this. And now? The federal states are currently pondering the amount of fines. A federal patchwork is foreseeable.
Possession and cultivation of the drug are permitted for adults for their own consumption – but only in limited quantities and with taboo zones for smoking weed, for example in playgrounds, schools, daycare centers and within sight of them. Anyone who violates this rule negligently or intentionally commits an administrative offense. And according to the law, this can be punished with a fine of up to 30,000 euros. But that doesn’t mean that it will be that expensive.
The law on administrative offenses sets a minimum amount of 5 euros as the lower limit, as the Federal Ministry of Justice explains. The possible maximum amount of a fine results from the upper limit provided for in the Cannabis Act.
Within this framework, the responsible authority then determines the appropriate fine in each individual case, as it goes on to say. And the countries are also free to join forces with other interested countries to discuss a common approach – such as issuing a catalog of fines.
The basis for the specific amount of a fine is fundamentally the significance of the administrative offense in question. The fine should also exceed any economic benefit that may have resulted from a violation.
An overview of the federal states:
Bavaria
In the Free State it is already clear what fines there are for cannabis violations – 1,000 euros for smoking weed in the presence of children, for example. This emerges from a catalog of fines from the State Ministry of Health, which has been in force since April 1st.
Bavaria also completely bans smoking weed at folk festivals and in beer gardens. There is also a weed ban in the English Garden in Munich and the Hofgarten Bayreuth. “Our goal is to limit cannabis consumption in public. This is important for health protection – and especially for the protection of children and young people,” says Health Minister Judith Gerlach (CSU). This creates “clear conditions despite a completely messed up law”.
Hesse
The Hessian Justice Minister Roman Poseck (CDU) is also striving to establish a catalog of fines with specific fines in a timely manner. This was coordinated with other ministries. “In addition, cannabis prohibition zones, similar to alcohol prohibition zones, are also being examined to avert danger.” According to its own statement, the state government is concerned with “implementing the Cannabis Act as restrictively as possible, so that the impact on health protection and safety is as low as possible”.
Saxony
The CDU-led Ministry of the Interior is putting pressure on this: “Due to many unresolved questions” – for example with regard to the control of the cultivation associations that will be possible from July 1st – the “necessary regulation” from the responsible Ministry of Social Affairs is “urgently awaited”. This is led by the SPD politician Petra Köpping.
Hamburg
According to Interior Senator Andy Grote (SPD), Hamburg also intends to adopt its own catalog of fines shortly – although there is no information yet on the amount of the fines, but according to reports they will be based on the Bavarian catalog. “Of course it would make sense to establish a nationwide catalog of fines for a federal law like the Cannabis Act,” said Grote. But: “The federal government is once again shirking responsibility for the practical implementation of its law.”
Baden-Württemberg
In the green-black state of Baden-Württemberg, the Ministry of Social Affairs points out that fines of up to 30,000 euros are possible under the cannabis law. Questions about implementation in Baden-Württemberg, also with a view to “the concrete exhaustion of the fine framework”, are currently being coordinated between the departments. During the Spring Festival in Stuttgart from April 20th, cannabis is not allowed to be smoked on the Neckar site. The reason: The spring festival is expressly intended for children and families, say the organizers.
Rhineland-Palatinate
The state is currently examining whether to issue a catalog of fines.
North Rhine-Westphalia
In the most populous federal state, the black-green state government says it is still in the process of getting an overview. It is therefore still unclear whether fines are planned.
Lower Saxony
The final departmental votes on responsibilities for the cannabis law are currently underway within the state government – according to a spokesman for the SPD-led Ministry of the Interior. There is still no answer to the question of whether and in what form there should be a catalog of fines specific to Lower Saxony.
Thuringia
“The effects and corresponding implementation of the new regulations are currently being discussed between the departments,” says the red-red-green minority government in the country. “This also affects whether and the content of a possible catalog of fines.”
Mecklenburg-Western Pomerania
The red-red-governed northern state is still talking about coordination processes within the state government, including on the issue of fines. There is still a need for clarification and regulation in federal law, and the federal government has promised to tighten the regulations accordingly. In any case, Bavaria is “not a good example of a practical implementation of the law, as the state government there is waging a campaign against the release of cannabis for adults.”