German judges' association welcomes legalization of cannabis

In a press release dated March 10, 2023, the Neue Richtersvereniging (NRV), a German association of judges from various courts and disciplines committed to objective justice, made it clear that it considered the legalization of adult-use recreational cannabis pursued by the federal government as entirely logical, as the criminalization of consumers could no longer be justified.

Simon Pschorr, speaking on behalf of the NRV, said: «The criminalization of cannabis possession for personal use is no longer justifiable.

The NRV is committed to ensuring that «the judicial system functions for the benefit of the community». Among other things, the NRV calls for transparent and democratic decision-making processes in the judicial administration, and for human resources policies that reflect the diversity of all social relations.

Small quantities and driver's license

NRV believes that implementation of a controlled distribution and cultivation process by the government would be an essential component of cannabis legalization.

He also believes that it is no longer possible to maintain substantial differences between alcohol and cannabis users in terms of criminal law and driving license regulations.

The NRV also points out that the unequal treatment in the different Länder with regard to the «small quantity» admissible in the event of legalization no longer makes any legal sense, as German citizens are then judged differently depending on where they live.

Cannabis ban fails

In its press release, The NRV also points out that the prohibition used to date has had no effect on cannabis consumption in society. Germans continue to consume this «narcotic» despite all efforts to ban it. It notes that while consumption at an early age is associated with «considerable dangers», these dangers are less in adults than with alcohol and cigarettes.

Given that the implementation of a state-controlled distribution system will take time and resources, NRV considers the current transition period unfair to those who already consume cannabis. It would be inappropriate to «permanently criminalize the possession of consumption quantities until the completion of this long process».

The legislator is invited to decriminalize cannabis possession up to 30 grams, This would already be a great relief to the police and justice system, which prosecutes 180,000 consumer-related offences a year, and would put an end to the unequal treatment of consumers in each country.

The law on driver's licenses also needs to be amended

Road legislation should also be modified, according to the association.

At present, people who use cannabis lose their driver's license even a few days after their last consumption, due to the effects of the drug. inactive residual THC. To date, there is no legal standardization of driving impairment limits for cannabis. There is no minimum intoxication threshold in German case law, such as a blood alcohol level of 0.3 per thousand.

In order to reduce the inequality of treatment between alcohol and cannabis users, to effectively counter the real dangers that can be identified, and to optimize the security of criminal traffic law, a legal standardization of the relevant limit values is necessary.

Production should also be authorized

European legislation does not exempt the possession of cannabis for personal use from punishment. The NRV is aware that decriminalization is not complete without legalization of the supply channel. In accordance to the requirements of the Framework Decision and the Convention implementing the Schengen Agreement, they expect the legislator to replace black market sales with a controlled distribution system, adapted to the prevention of dependence and limited to the national market.

Finally, they share the view that the legal or illegal sale of cannabis to under-18s should remain punishable.

Via CannabisIndustrie.nl