CBD Prosecutions Continue in Germany even as Hemp Liberalisation Begins

Over the last few years many have been disappointed by the vicious hemp prosecutions in Germany. There is no other way to describe them – vicious and mean and even worse – unnecessary. Germany has not been a pioneer of the hemp industry, rather the opposite. Germany has been an unwilling and belligerent participant in the EU hemp programme and fought hard to restrict the growth of European hemp.

But that’s all changing with the Hemp Liberalisation Act pioneered in part by Mr. Özdemir the German minister for agriculture. It seems Germany has finally remebered the EU exists and Germany is part of it. EU hemp law will become part of German law and industrial hemp will no longer be prosecuted as a narcotic.

Please remeber that while the hemp law is changing in Germany and hemp will soon become a non- narcotic, German prosecutors, anxious to avoid loosing convictions, have quickly begun to prosecute outstanding CBD cases before the law changes. Even CBD cases from 3 and 4 years ago – which were forgotten about – suddenly have court dates set and a prosecution beginning.

Judicial Ethics

As German politicians review the hemp laws with a view to updating and correcting them, prosecutors, rather than pausing to see if there has been a mistake or an error in the law – force further prosecutions – using discredited and soon to be deleted sections of law. If sections of law have been discredited and will soon be deleted, should prosecutors prosecute using these (soon to be deleted) sections of law. And if they choose to do so, how does this fit in with the Deutscher Richtverbund: the manual which details judicial ethics In Germany? Is the Deutscher Richtverbund just a bit of paper or does it force compliance to an ethical set of standards? We can see for ourselves the answer to this if we look closely.

German Prosecutors must be Ethical at all times. But Are they?

The Deutscher Richtverbund says German Judges and prosecuters have a duty to be ethical at all times. This means prosecutors must prosecute ethically at all times. Are they being ethical by prosecuting hemp and CBD offences with a soon to be deleted law described as “senseless”? Does this behaviour from prosecutors meet the high standard of judicial ethics set out in the Deutscher Richtverbund?

Deutscher Richtverbund “Respect for German Judiciary Decreasing”.

We see on the official website of Deutscher Richtverbund that respect for the judiciary is decreasing in Germany and ‘aggressiveness grows’. This is a headline written on their website. If peoples rights are violated by the judiciary or people feel the judiciary fails in its most fundamental duty, protecting their rights, it is not surprising that ‘aggressiveness grows’. The gross unfairness of hemp prosecutions in Germany has caused great dissatisfaction in, and a distrust of, the German judiciary, social media posts and commentators have mentioned this at length.

We see politician Mr. Cem Özdemir working hard to change unjust and highly complained about hemp laws in Germany and police prosecutors trying to convict quickly before the laws are changed. It seems the judiciary and the legislature are unable to work together comfortably – as if there is a tension between these two arms of government. If the legislature are changing a law and the change takes time because the political process requires time, wouldn’t the judiciary be mindful of this and stop using incorrect laws to further punish? Is this one possible reason dissatisfaction with the German judiciary is increasing ?

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