The German Cannabis Business Association reports
AG Aschersleben contradicts BGH: 37.5 instead of 7.5 grams THC limit for cannabis
2024-11-05 | In its judgment of 24.09.2024 (Ref. 2 Ds 69-24), the Aschersleben District Court (AG) sets the limit for the “not small amount” of the intoxicating cannabis active ingredient THC at 37.5 grams, reports LTO. This is in contrast to the decision of the Federal Court of Justice (BGH), which left the limit at 7.5 grams in April 2024. The BGH had argued that the previous case law did not need to be changed in view of the partial legalization of cannabis, which led to considerable displeasure among drug politicians and narcotics lawyers.In its decision, Aschersleben District Court referred to the explanatory memorandum to the new Cannabis Consumption Act (KCanG), which came into force on April 1, 2024. Local court judge Christian Häntschel emphasizes that the previous limit of 7.5 grams is no longer tenable and that the courts must take the will of the legislator into account when interpreting laws.
The court also criticized the BGH’s continued reference to a risk assessment from the 1980s and argued that society’s perception and the actual risks associated with cannabis have changed considerably since then. However, the judgment is not yet final, as the Magdeburg public prosecutor’s office has already lodged an appeal.
