Germany Marijuana Laws - Cannabis Legal Status in Germany
Offences and penalties related to personal use
As with all drugs, cannabis-related offences are punishable by up to 5 years' imprisonment or a fine; punishment can be remitted in cases of 'insignificant quantities' for personal use
Legislation
BtMG s.29, s.31a; Constitutional Court decision of March 1994
Level of prosecution
The Constitutional Court stated that even if penal provisions for the possession of cannabis are in line with the constitution, the Länder should waive prosecution in minor cases when possession of cannabis is for personal use. Each Land has determined what it considers to be an 'insignificant quantity' of cannabis.
Distinguished from other substances? How?
Distinguished by Constitutional Court decision. Also judiciary; in practice, exemptions of BtMG are applied mainly for cannabis.
Notes
Possession of a small quantity of all drugs is a criminal offence, but is not prosecuted or punished when:
- there is no harm to third persons;
- minors are not involved;
- the substance is for personal use;
- the offence involves an 'insignificant quantity'
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