In a press release dated March 10, 2023, the Neue Richtersvereniging (NRV), a German association of judges from different courts and disciplines committed to objective justice, made it clear that it considers the legalization of adult cannabis for recreational use pursued by the federal government as entirely logical, the criminalization of consumers can no longer be justified.
Simon Pschorr, on behalf of the NRV, stated in particular: “The criminalization of the possession of cannabis for personal use is no longer justifiable”.
The NRV is committed to ensuring that “the justice system works for the benefit of the community”. Among other things, the NRV calls for transparent and democratic decision-making processes in the administration of justice and wants human resource policies that reflect the diversity of all social relations.
Small quantity and driving license
The NRV believes that the establishment of a government-controlled distribution and cultivation process would be an essential part of the legalization of cannabis.
He also finds it impossible to now maintain substantial differences between alcohol users and cannabis users in terms of criminal law and driving license regulations.
The NRV also points out that the unequal treatment in the various Länder with regard to the “small quantity” admissible in the event of legalization no longer makes legal sense, as German citizens are then judged differently depending on their place of residence.
Cannabis ban failed
In its press release, the NRV also points out that the prohibition used so far has had no effect on the consumption of cannabis in society. The Germans continue to use this “narcotic” despite all efforts to ban it. He notes that while consumption at a young age is associated with “considerable dangers”, those dangers are less in adults compared to alcohol and cigarettes.
Given that setting up a state-controlled distribution system will take time and resources, the NRV considers the current transition period to be unfair to people who already use cannabis. It would be inappropriate to “permanently criminalize the possession of consumable quantities until this long process is completed”.
The legislator is invited to decriminalize the possession of cannabis up to 30 grams, which would already greatly relieve the police and justice, which prosecute 180,000 offenses related to consumption per year, and would put an end to the unequal treatment of consumers specific to each country.
The driving license law also needs to be changed
Traffic legislation should also be changed, according to the association.
Currently, people who use cannabis lose their driver’s license even a few days after their last use, due to residual inactive amounts of THC. To date, there is no legal standardization of driving impairment limits for cannabis. There is no minimum threshold for intoxication in German case law, such as a blood alcohol level of 0.3 per thousand.
In order to reduce the unequal treatment between alcohol and cannabis consumers, to effectively counter the real dangers that can be identified and to optimize the safety of criminal traffic law, a legal standardization of the relevant limit values is necessary. .
Production should also be allowed
European legislation does not exempt the possession of cannabis for personal use from punishment. The NRV is aware that decriminalization is not complete without the legalization of the supply channel. In accordance with the requirements of the Framework Decision and the Convention implementing the Schengen Agreement, they expect the legislator to replace sales on the black market with a controlled distribution system, suitable for the prevention of addiction and limited to the national market.
Finally, they share the opinion that the legal or illegal sale of cannabis to those under 18 must remain punishable.
Via CannabisIndustrie.nl
