Judges Alert Against Potential Cannabis Prohibition

The political landscape surrounding cannabis legislation in Germany is shifting, as the opposition party, the Union, proposes to rescind the current legalization laws. This potential move has raised significant concerns among legal experts. According to the New Judges Association (Neue Richtervereinigung, NRV), if the cultivation and consumption of cannabis were to be entirely banned again, it could lead to substantial compensation claims from cannabis clubs.

Simon Pschorr, a prosecutor and spokesperson for the NRV's criminal law division, stated that such a prohibition would essentially amount to the expropriation of these clubs, allowing them to seek compensation from the state. Given the high costs associated with cannabis cultivation and the seven-year validity of the licenses issued under current laws, the compensation amounts could be considerable.

The Union has made it clear that if they regain power, one of their first actions will be to repeal the cannabis legislation. Their campaign literature suggests that the current law not only protects drug dealers but also exposes children and teenagers to risks associated with drug use and addiction.

Since April of the previous year, the legal landscape for cannabis in Germany has allowed adults to use cannabis under strict regulations. Individuals are permitted to grow up to three plants in their homes and possess up to 50 grams of cannabis. Additionally, licensed non-profit cultivation associations are authorized to cultivate cannabis collectively.

Pschorr emphasized that if the Union's plans come to fruition, lawmakers must provide adequate transition periods. This would allow cannabis social clubs and individuals who have cultivated cannabis at home to dispose of their plants and harvests legally. An abrupt reversal of the law would be unreasonable, and any renewed criminalization should not be applied retroactively.

The prosecutor highlighted that the current legislation has yielded favorable results, noting that despite the challenges related to amnesty, the judiciary has experienced significant relief. A rollback of the legalization would force the legal system to focus resources on prosecuting minor users instead of targeting organized crime.

As the debate continues, the implications of potential changes in cannabis legislation remain a hot topic, with advocates on both sides voicing their opinions. The future of cannabis use and regulation in Germany will depend on the political dynamics leading up to the next elections and beyond.