Retroactively determine the distance to playgrounds
The senior public prosecutor also expects additional investigative effort, for example to check the numerous exceptions to the new law. If necessary, for example, it must be clarified retroactively whether cannabis was consumed at least 100 meters away from schools, kindergartens, playgrounds and sports facilities.
Only then would it be unpunished under the new law – even retroactively. Such aspects would have to be completely re-determined because they have so far played no legal role, said Senior Public Prosecutor Grünseisen. This also includes the new legal regulation, which only allows the consumption of hashish and marijuana in pedestrian zones between 8 p.m. and 7 a.m.
Cannabis law should significantly relieve the burden on the judiciary
The Bundestag passed the new cannabis law with a majority on February 23, 2024. It will apply from April 1st and partially legalize the cultivation, distribution, possession and consumption of the drug. Among other things, the amnesty regulation for cannabis drug offenses associated with the law had already caused sharp criticism, for example from the German Association of Judges.
According to the Criminal Code, all unexecuted sentences that are no longer punishable under the new law will be waived. According to the Federal Government’s justification for the law, a declared aim of the Cannabis Act is to significantly reduce the burden on the German judiciary. The potential savings in the courts are estimated at around 225 million euros annually, because numerous cannabis-related criminal offenses will then no longer be prosecuted.