Legale Menge Gras in Deutschland

Marijuana is legally considered a narcotic and is an illegal drug. «The consumption itself is allowed. However, everything else is prohibited, i.e. the purchase, possession, sale and cultivation of hemp plants,» says lawyer Jenny Lederer from the Criminal Law Committee of the German Bar Association (DAV). So if you smoke a joint, for example, you`re not doing anything prohibited at that time. Young people who stand out with less than 10 grams of cannabis should expect educational measures such as social hours or participation in therapy offers. In 1992, the Federal Constitutional Court had to clarify whether the criminal provisions of the Narcotics Act, which apply to the sale of cannabis products, are constitutional. The order for reference concerned the concept of the `right to intoxication` and whether, in terms of the risk potential of cannabis products, there was equal treatment with the legal drugs alcohol and nicotine (`principle of equality`). In its judgment of 09.03.1994, the Federal Constitutional Court did not confirm the right to intoxication and impunity for hashish consumption («hashish judgment»). However, the exclusive consumption of cannabis products is not punishable according to § 29 of the Narcotics Act! Of course, seriously ill people don`t need to get their cannabis products at night in the park.

Medical cannabis is sold in pharmacies. It is colloquially called apothecary herb not for nothing. Pharmacies obtain their «substance» through the so-called Cannabis Agency of the Federal Institute for Medicines and Medical Devices (BfArM). In summary: For an application to be allowed to grow hemp as a medicine, the patient must be able to demonstrate the following: The handling of cannabis in Germany is defined in the Narcotics Act (BtMG). In this case, the cannabis is classified as «non-marketable» in Schedule I. Thus, any possession of cannabis and cannabis products (hashish, marijuana) is illegal and therefore punishable. Under articles 29 et seq. of the BtMG, anyone who «cultivates, manufactures, deals with narcotic drugs, imports, exports, sells, delivers, otherwise puts into circulation, acquires or otherwise acquires or acquires narcotic drugs is liable to imprisonment for up to five years or a fine». However, the consumption of an illegal drug is not punishable in Germany.

However, since consumption is usually preceded by possession, people who smoke weed are usually subject to prosecution. Yes. Anyone who appears stoned at work or even uses marijuana at work risks a warning or termination. The same applies to other illegal substances as well as alcohol in the workplace. Recreational marijuana use can also affect work – if it affects workplace performance and safety. Basically, cannabis products are illegal drugs. Thus, their manipulation is punishable. This is regulated by the Narcotics Prescription Ordinance (BtMVV). According to the law, hemp as a medicine is not limited to certain diseases.

The treating physician may decide at his or her discretion whether cannabis treatment is appropriate. If all four conditions are met, it is a «minor offence», in which the prosecution must terminate the proceedings according to the interpretation of the Federal Constitutional Court. The prosecution can then no longer drop the charges so easily – even if the person concerned has no criminal record. «Not even if you only have two cannabis plants because they smell so good and bloom so well,» says the Essen lawyer. The objectives of the bill were, among other things, to end the criminalization of adult users and to relieve law enforcement authorities of many cannabis-related proceedings. The creation of a regulated and monitored system for the cultivation, trade and distribution of cannabis should be accompanied by the protection of consumers and young people and the prevention of drug abuse. The information from the German lawyer explains what your rights are if you are stopped by the police. Contact me at 0159 06126610 (also via WhatsApp, Signal, Telegram). Or make an appointment at my office at Kurfürstendamm 216 in Berlin. Please contact my secretary on 030 43207686. If a person is arrested by the police in the corresponding federal state with an amount less than the above-mentioned amount, the Public Prosecutor`s Office may therefore refrain from prosecution.

If the Public Prosecutor`s Office considers that it is appropriate to prosecute, the judge may always discontinue the proceedings, but only with the consent of the Public Prosecutor`s Office, or refrain from sanctioning. In the end, however, even with a small amount, there`s no guarantee you`ll get away with it without punishment.