German Cannabis Consumer Amnesty: 280,000 Old Convictions Under the Microscope

On April 1st, 2024, Germany introduced the long-awaited legalization of cannabis for adults. It was a key moment in German drug policy, which promised amnesty, in order to ease restrictive laws on the one hand, and to relieve police, courts and prosecutors on the other.

However, the reality turned out to be more complicated, and the justice system in Germany now faces a huge challenge – dealing with as many as 280,000 old cannabis cases.

Amnesty and commutation of sentences: who is covered?

The amnesty, which came into effect alongside legalization, applies to people convicted of possessing up to 25 grams of cannabis— the limit that is now legal for adult German citizens. It means thousands of people who were previously jailed or fined for minor cannabis-related offenses can now look forward to having their cases reviewed. For many, it could mean not just reduced sentences but complete freedom.

An additional problem is the so-called mixed cases, i.e. cases in which cannabis was only one element of the crime. For example, if someone was convicted of possession of cannabis and another more serious crime, the courts must now reconsider the sentence and adjust it to the new legal realities. This situation significantly lengthens the entire process.

Scale of the problem: 280,000 cases to be resolved

At first glance, it might seem that legalizing cannabis would ease the burden on German courts. Instead, the justice system is now grappling with a huge number of old cases that need to be retried. The total number of such cases is estimated at 280,000. This process involves not only reviewing convictions but also modifying or dismissing them.

The biggest challenge is posed by cases in the largest states, such as North Rhine-Westphalia, where as many as 86,000 cases are awaiting re-examination. In Bavaria, the figure is 41,500 cases and in Hesse 34,000. In smaller regions, such as Bremen, the figure is much lower – just 531 cases.

Amnesty: A huge burden on the courts

The Association of German Judges (Deutscher Richterbund) has expressed serious concerns about the additional obligations resulting from the amnesty. As Sven Rebehn, the Association’s managing director, has noted, the introduction of the amnesty has created a “bureaucratic monster” that significantly burdens already overworked courts. At a time when the number of court cases is reaching record levels, the additional obligations related to the re-examination of cannabis cases only deepen the problem.

In Baden-Württemberg, for example, it takes between 15 and 60 minutes to review a single case. If we take into account all 280,000 cases, the entire operation will take German courts between 70,000 and 280,000 working hours, reports the Augsburger Allgemeine website . This is time that could be spent on other cases, which is increasing frustration among judges.

Review results: how many cases will be changed?

Although the number of cases reviewed is enormous, not every one of them will end with a change of sentence. The example of Lower Saxony shows that of the 16,000 cases that were reviewed, only 15% ended with a complete discontinuation, and in every third case a change of sentence was necessary.

In Bavaria, where 41,500 cases require reassessment, courts have so far reviewed more than 6,200 cases. Of these, 3,500 have already been changed, and in 450 cases the sentence has been completely overturned. This means that the amnesty is actually bringing tangible benefits to many convicts, although the scale of the changes is still limited.

How many people will be released from prison?

There is currently no precise data on the number of people who have been released from prison under the amnesty. There have been reports in the media that around 100 people have been released from prisons so far, although this data is incomplete because there is no information from the largest region, North Rhine-Westphalia. As the review process progresses, it can be expected that this number will increase.

The future of the legal system in Germany after legalization

Although the legalization of cannabis was supposed to bring relief to the German justice system, the reality is different. The ministries of justice in the individual states do not expect the courts to be relieved any time soon. Even with the introduction of the new regulations, the possession, trade and distribution of cannabis in certain circumstances are still subject to strict legal regulations. In addition, new penalties have been introduced, for example for smoking near schools and kindergartens, which poses new challenges for law enforcement.

The legalization of cannabis in Germany, although heralded as a step towards liberalizing drug policy, has had unexpected consequences. Instead of the expected relief, the German justice system is facing a huge challenge – having to re-evaluate 280,000 old cases. Despite the benefits of the amnesty for convicted persons, the scale of the bureaucracy and the burden on the courts is causing frustration among judges. The future of the German legal system in the context of cannabis remains uncertain, and the judicial system will certainly face further challenges.

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First published in FaktyKonopne. A third-party contributor translated and adapted the article from the original. In case of discrepancy, the original will prevail.

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