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Cannabis legalization in MV prompts thousands of case reviews

Wilhelm Welker by Wilhelm Welker
August 9, 2024
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The legalization of cannabis in Mecklenburg-Vorpommern (MV) initially led to a significant increase in workload for the justice authorities. Thousands of cases had to be reviewed due to the new regulations. The process is now complete.

Cannabis legalization in MV prompts thousands of case reviews
The public prosecutors in MV had to examine thousands of cases after the drug cannabis was legalized. Illustration photo.

The public prosecutor’s offices in MV have concluded the review of thousands of enforcement procedures made necessary by the legalization of cannabis. According to the Ministry of Justice, 178 cases saw the enforcement of a fine revoked retroactively, and in one case, the enforcement of a substitute custodial sentence that had not yet been served was also dropped. No early releases from imprisonment or from secure psychiatric care occurred.

The review became necessary after the Cannabis Act (CanG) came into force on April 1, which removed cannabis from the list of prohibited substances under the Narcotics Act. Since then, adults are allowed to carry up to 25 grams of the drug in public, and up to 50 grams are permitted at home. Additionally, individuals may grow up to three cannabis plants in their living space. Public consumption is allowed but is restricted near children, schools, day-care centers, playgrounds, sports fields, and during the daytime in pedestrian zones.

In May, the Ministry had announced that more than 6,000 cases in Mecklenburg-Vorpommern would need to be reviewed. According to the Ministry, enforcement of custodial sentences on probation was suspended in three cases. Additionally, five imprisoned convicts were affected, for whom the public prosecutors had to request the dissolution and re-determination of a cumulative custodial sentence in accordance with the CanG.

In Germany, recent legislation has legalized the recreational use of cannabis for adults over 18 years old. Individuals can possess up to 25 grams of cannabis in public spaces (equivalent to dozens of strong joints) and up to 50 grams in private homes. However, smoking cannabis near schools and sports grounds remains illegal.

Buying cannabis is not straightforward. Original plans for licensed shops and pharmacies to sell cannabis were scrapped due to EU concerns about drug exports. Instead, non-commercial “cannabis social clubs” will grow and distribute a limited amount of cannabis. Each club can have up to 500 members, but consuming cannabis on-site is not allowed. German residents can also grow up to three marijuana plants at home.

Regarding legal punishments, possession of cannabis beyond the legal limits can result in fines or administrative penalties. The severity of punishment depends on the amount possessed and the context (public vs. private). For larger quantities or repeated offenses, criminal charges may apply, leading to imprisonment.

Remember that smoking cannabis in public spaces will become legal starting from April 1. Always stay informed about any updates or changes in regulations!

Tags: Cannabis Act (CanG)legislation of cannabismedical cannabis

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