CBD IN GERMANY. A SITUATION TO REMEMBER

“Judges and public prosecutors have a particular role as representatives of the rule of law and are therefore bound by principles of personal integrity not only“.

(Deutscher Richtverbund. Judicial Ethics In Germany.) (1)

The impact of the Judiciary on Hemp and CBD trials

Hemp and CBD prosecutions in Germany saw an unusual form of ‘rough justice’. Rather than quickly sorting out a fairly simple problem, the German judiciary kicked in peoples doors, stuck guns in their faces and put them in handcuffs. While all this happened Europe sat and watched.

A Strange ‘New Normal’

German Police and border control in Lörrach, give people permission to enter Switzerland to buy CBD, then arrest them for doing so. Prosecutors knowing the CBD law is about to change, have sped up prosecutions to beat the changes in law. And indecisive courts have overturned correct decisions – confusing everyone.

Germany went to the European Commission and said that marijuana (packed full of THC) wasn’t a narcotic and should be made legal. While at home, Germany prosecuted industrial hemp (with no THC) as an illegal narcotic (2). This strange double standard is still in place. There is a long list of irregular happenings in Germany, which now pass as normal.

Court Decisions and CBD

CBD trials in Germany have been plagued with irregularities and cast doubt on the German court system: we see correct decisions from one Court immediately overturned by another.

Leipzig, Germany’s highest court seemed lost. Taking a sound and sensible decision from Berlin’s court – Leipzig reversed this decision for no apparent reason. This judgement from Leipzig was such a surprise and so out of place, it was described by one commentator as a “scandal” and another as a German “embarrassment”.

Leipzig – A Decision to Remember

Scandelous and embarrassing perhaps, but more concerningly the decision from Leipzig began violent arrests and prosecutions across the whole of Germany. Arrests and prosecutions that were based on laws which have now, some years later, been described as “senseless “. These “senseless” laws were used with gusto by German prosecutors and allowed easy prosecutions to flourish: unjust and easy prosecutions which attracted political attention. Politicians having looked over and reviewed these laws have them now earmarked for deletion as quickly as possible.

For the justice system and its decisions to be accepted by society is indispensable to the democratic rule of law. The transparency of judges’ and public prosecutors’ actions is an essential requirement here. (Deutscher Richtverbund. Judicial Ethics In Germany.) (2)

The Race is On

Even though the German hemp laws were outdated and complained about – prosecutors raised no objections nor did they ask for EU clarification. Rather they punished, humiliated and convicted German citizens by the thousands. People from all across Germany were violently arrested and dragged through the courts because of questionable and senseless laws.

And though politicians have earmarked these laws for deletion as soon as possible, surprisingly prosecutors continue to use them and convict.

Legal Ethics- Deutscher Richtverbund

If politicians have decided that a law is no longer working and to be deleted, a law which has been criticised for many years, prosecutions based on this law should stop. This makes sense. However it would seem quite the opposite is happening: rather than prosecutions being stopped – cases which have sat idle for three or four years are suddenly going to court. Are prosecutions being pushed through the courts before the law is changed?

Prosecuting citizens with laws earmarked for deletion is a sensitive issue. Does this behaviour align with the German prosecutors code of ethics? Are prosecutors meeting the ethical requirements of their profession?

‘For the justice system and its decisions to be accepted by society is indispensable to the democratic rule of law. The transparency of …public prosecutors’ actions is an essential requirement.’

(Deutscher Richtverbund. Judicial Ethics In Germany.) (3 )

Courts Making Polical Decisions?

Some suggest the Leipzig court made a political decision and not a legal decision. It did what the State and prosecutors requested, rather than simply apply the law. Like many conspiracy theories this view is a little unfair.

It is hard to understand the decision of the Leipzig court – it was a long way off target. Perhaps the Leipzig judges interpreted the law too narrowly or didn’t understand EU law requirements. We will never know, and to suggest the intentions were mischievous doesn’t help. But it’s fair to say this decision will be remembered for a long time.

The principle of the division of powers laid down in the German Basic Law guarantees the independence of the judiciary as the third pillar of state power, besides the legislature and the executive. For this reason alone, the profession of judges and public prosecutors must not be understood as a mere component of the “civil service”. (Deutscher Richtverbund. Judicial Ethics In Germany.)(3)

Good Judical Leadership is Needed

If we compare the Berlin and Leipzig court decisions – Berlin predicted the direction hemp law would take while Leipzig got it wrong.

What happens when a court doesn’t get it right? In Germany hundreds and possibly thousands of small businesses were closed and jobs gone. Armed police have kicked in doors, citizens were raided, humiliated and arrested. Had the Leipzig court simply followed the Berlin court as expected, arguably this would have been prevented.

Do Prosecutors Understand CBD Law?

A narcotics defence lawyer said quite frankly prosecutors don’t understand the CBD law in Germany and nor do judges. This has often been said. Perhaps it’s fair to ask that prosecutors understand the law if they are going to authorise 15 armed police to kick in peoples doors and point guns at their heads?

More Education Less Force.

We can see that cbd confusion in Germany got worse and Germany did little to repair the chaos. Rather than work slowly and sensibly through the issue as other EU countries did, Germany used violence and aggression which in turn overcomplicated a somewhat simple problem. The situation didn’t require guns and police it required sensible decision making and better judicial education.

Refusing guidance from the EU and failing to properly understand EU law, the German prosecutors and judiciary took the easiest path available they targeted German citizens as narcotics offenders and turned a blind eye to the devastation they caused. This cavalier attitude has resulted in a lingering distrust of the legal system as citizens sense they were betrayed, not protected by the State.

Conclusion

In France the situation was handled with a mature and somewhat benevolent approach. The French showed respect to their citizens, modernising and updating the legal system. The burden of CBD prosecutions was identified as a state and judicial responsibilty and citizens were left in relative peace.

In Germany the judicial system did nothing to stop the unnecessary CBD prosecutions, rather it sat back and made lots of easy money by fining citizens and confiscating their money and property which is still happening. In France everyone lived happily ever after, a fairy tale ending. Not so Germany where the nighmare continues.

Magna Carta year 1215

(38) In future no official shall place a man on trial upon his own unsupported statement, without producing credible witnesses to the truth of it.

Update: Thanks to the efforts of Mr. Cem Özdemir who is updating German law, hemp prosecutions may soon be a thing of the past. And perhaps apologies will be in order. Germany CBD 2024. Is CBD legal in Germany.

1. Deutscher Richtverbund. Judicail Ethics in Germany. https://www.drb.de/fileadmin/DRB/pdf/Ethik/1901_DRB-Broschuere_Richterethik_EN_Judicial_Ethics.pdf
2. Industrial hemp does contain minimal quantities of THC which is non phsycoactive.
3. Ibid.
4. Ibid.
5. Ibid.