Contribution from March 3, 2024
On 23 February 2024, the Bundestag passed the Cannabis Act (CanG), which provides for the partial legalization of cannabis. However, the implementation of the law could be delayed as some state ministers, including the Green Senator for Justice Anna Gallina from Hamburg, are demanding more time for the implementation. The reason for this is the workload of judicial officers in dealing with old cases. However, a further delay could lead to an additional 90,000 criminal proceedings against cannabis users nationwide and cause the law as a whole to fail.
From our point of view, it is outrageous that the overburdening of the justice system is being used as an argument against the decriminalization of cannabis and the associated amnesty. The new KCanG only allows possession of 25 grams in public and 50 grams of dried cannabis as well as three live plants at the place of residence or habitual abode. The amnesty regulation affects all those who could no longer be punished under the KCanG. It is a shame that even legal magazines are feeding prohibitionist narratives without sense or reason.
The judiciary seems to think it can interfere in the legislative process and use its own failings and lack of preparation for a long overdue law and a long known bill as an excuse to criticize the implementation of the same. It's almost amusing if it weren't so tragic that the judiciary is trying to model the legislative process to their liking instead of preparing to implement the democratically passed laws.
It is unacceptable to us that people's freedom and wellbeing are given less weight than the administrative effort involved in bringing a long overdue law into force. Many people do not want to see this through the lens of stigmatization: From the point of view of future law, this discussion is about innocent people and - if the figures from the judiciary are to be believed - many thousands of them. This is the real scandal that is worth lamenting.
The Greens now have the opportunity not only to leave this important reform to the SPD, but also to get the CanG safely through the Bundesrat against all opposition, without further delay. Anything else would be a betrayal of their party program. This will cost them votes from the community for many years to come.
In the meantime, the German Hemp Association has called for a campaign focusing on addressing the Green MPs in the federal states. It remains to be seen whether this campaign will be successful and whether the CanG can come into force on April 1st as planned.
We will keep you up to date.
