The legalization of cannabis in Germany has led to the release of a high double-digit number of people from prison, with the authorities now facing the daunting task of reevaluating tens of thousands of cases. The new cannabis law, which allows adults to possess a certain amount of cannabis in public and in their homes, also has implications for those who have been previously convicted of cannabis-related offenses. These individuals are now eligible for a pardon if their previous offense is no longer considered a crime under the new law, and any previously imposed but unexecuted sentences will be lifted. This unprecedented amnesty is overwhelming the justice system, with prosecutors and judges working overtime to review thousands of cases across various German states.
The process of reviewing the cases is proving to be a significant challenge for many states. While some, like Bremen, have already completed the review of all cases before the law came into effect on April 1, others, such as Bavaria and Baden-Württemberg, are still faced with thousands of cases to process. The manual search of files in most states is time-consuming, with estimates ranging from 15 to 60 minutes per case at prosecutors’ offices. Despite these challenges, the amnesty has already resulted in the release of a high double-digit number of prisoners, with various states reporting different numbers of individuals being freed from incarceration.
In addition to the release of prisoners, the new cannabis law is also affecting the work of police forces across the country. For example, Berlin reported clearing 100 outstanding warrants and reviewing 150 arrest warrants, resulting in the cancellation of 17 of them. The complexity of the new law, with 37 different offenses carrying fines, has generated numerous legal questions and led to criticism from some officials, particularly in states led by the conservative Union parties. Bavaria, in particular, has been vocal in its opposition to the law, criticizing it as a step in the wrong direction and highlighting the numerous new legal issues it has introduced.
The lack of uniformity in fines for violations of the cannabis law is also causing confusion and challenges for enforcement. While Bavaria has already established its own high fines for offenses like consuming cannabis near schools or in specific public places, other states are still developing their own fine schedules. The issue of enforcing cannabis laws in specific locations, like parks and festivals, remains a topic of debate and uncertainty across the country. Overall, the legalization of cannabis and the subsequent amnesty for past offenses are presenting a significant legal and logistical challenge for the German justice system, with prosecutors, judges, and police forces working to navigate the complexities and implications of the new law.
