AFPProponents of legalization look at a debate in the Bundestag on cannabis last month
NOS Nieuws•vandaag, 20:00
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Charlotte Waaijers
Germany correspondent
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Charlotte Waaijers
Germany correspondent
The time should come around Easter: from then on, according to current plans, Germany will be allowed to use cannabis in stages. But objections about the practical aspects of the change in the law could still cause delays.
One of the biggest points of contention is the re-weighing of sentences that have already been handed out. Because the new law will also apply retroactively. But the police also still have questions about the enforcement of the new rules.
At home, the possession of a maximum of 50 grams of cannabis will no longer be punishable for adult Germans, on the street the limit will be 25 grams. This also has consequences for people who have previously been convicted of this, but have not yet fully served or paid off their sentence.
Lifting penalties
“These penalties will be lifted when the new law comes into effect,” Kai Wantzen explains. He is spokesman for the court in Hamburg. “If someone is now in prison for something that will no longer be punishable, then that person must be released.”
However, that chance seems small. It is more likely that the sentences for people convicted of other offenses in addition to possession of small amounts will need to be reassessed. According to Wantzen, the Public Prosecution Service in Hamburg has already reviewed 3,700 cases to check whether a new judgment is necessary. Of these, there are more than 700 that a judge will probably have to look at again.
“That will create extra work, but how much exactly is difficult to say,” says Wantzen. Not easy, because there is already a staff shortage in the judiciary. “But personally, I don’t think this is a substantive argument for or against legalizing cannabis.”
The police also fear more work, especially because of the enforcement of the new rules. For example, home-grown weed may not be too strong. And smoking cannabis within 100 meters of a school or sports venue is not permitted. “I see a clear additional burden on the police,” said Horst Niens, chairman of the police union GdP in Hamburg. According to him, it is still unclear whether the police should check this, and how.
Months of delay
The new law has already passed the German parliament. It states that possession will be gradually legalized from April 1. But the Federal Council, in which the German states are represented, also has to consider it. And although the law can no longer officially stop it, it can still delay it.
It already sounds from various states that the justice system does not have enough time to prepare. If the Federal Council actually asks for the establishment of a committee to consider the issue, this could delay the introduction for months. The Federal Council will decide on this on March 22.
2024-03-11 19:00:33
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