1. WHAT DOES THAT MEAN, “FAQ”?
Frequently Asked Question can be used on the other hand for frequently asked questions, but on the other hand also for texts that contain such questions and their answers. This FAQ is intended to help you to answer most of the questions we are asked again and again.
2. IS SMOKING ALLOWED OR NOT?
Kiffen itself (i.e., the consumption) is never prohibited in the FRG. According to § 29 of the Narcotics Act (BtMG), anyone who “grows,” produces, trades with, trades in, trades in, trades in, trades in, sell, divest, otherwise place on the market, acquire or procured in any other way. “Also, possession, transit, and some other things are prohibited. However, consumption does not occur in the BtMG and is therefore allowed.
This legal situation is justified by the fact that “self-injury” (through consumption) in the Federal Republic is not punished.
The possession carries, however, the danger of the passing on with itself, and is therefore forbidden. It may be similar to gun ownership, which, taken alone, does not harm anyone, but still poses a threat to the general public. And the legislator believes that this also applies to cannabis possession.
The question of whether you can consume drugs without owning them is asked again and again.
Of practical importance is the legality of consumption when someone is proved through a test or testimony that he has consumed illegal drugs. Since it can not be concluded that there is any possession, then the circumstances of consumption must be examined and the possession proven. Otherwise, “in doubt for the defendant” – and the consumer remains impunity.
3. SMALL AMOUNTS ARE LEGAL NOW.
No. The Federal Constitutional Court has confirmed the ban. However, in cases which are prepared for occasional of self-consumption of small quantities of cannabis products and are not associated with any risk to third parties, the law enforcement bodies will generally have to refrain from prosecuting the offenses.
So “small amounts” of cannabis are still banned and must be confiscated accordingly. However, prosecutors and judges should refrain from prosecution or stop the process if cannabis is “cultivated, produced, imported, carried out, acquired, acquired, otherwise procured or owned” under the above conditions. Please note the restrictions. There is a “small amount.” You may own the cannabis exclusively for your consumption (“self-consumption”). One must be able to make credible that one does not consume regularly (“occasionally”). Also, no external hazard may exist. It is certainly given in your own home, certainly not on a schoolyard. In between, there is a broad discretion.
4. HOW BIG IS A “SMALL AMOUNT”?
Despite the express request of the BVerfG, the federal states have not yet agreed on a uniform nationwide amount. The “new” federal government has announced, however, to tackle this problem.
Until then, each country cooks its soup. There are even states where no limit has been set to show how “dangerous” cannabis is. But in our experience, you can probably expect a shot there if it’s not more than six grams.
Even with a plant, one can certainly count on a procedural attitude.
The country guidelines differ in two models, which could be referred to as “model upper limit” and “lower limit model.”
The states of Bavaria, Brandenburg, Baden-Wuerttemberg, North Rhine-Westphalia, Rhineland-Palatinate, Hamburg, and Schleswig-Holstein have set an upper limit up to which a small amount can be assumed.
The states of Hesse, Berlin, Lower Saxony, Saxony-Anhalt, and the Saarland have set a lower limit up to which persecution must be waived. However, we have occasionally had cases where this was ignored, and penal orders fluttered into the house. One should go into contradiction and name the respective guideline
Furthermore, a more considerable amount has been determined to be apart from the pursuit in the can.
The Federal Court of Justice has set a guideline value of 7.5 grams of THC (depending on the quality between 50 and 150 grams of hashish/grass) for the “no small amount.” According to the Federal Constitutional Court, this can be limit to avoid a penalty considered inappropriate given the type and quantity of the imported narcotic drug,” it should also be set higher in individual cases.
5. IS CANNABIS ALLOWED AS MEDICINE?
Cannabis is not allowed as a drug any more than as a stimulant.
However, the leading (cannabis) drug (psychotropic and medically useful), delta-9-THC (dronabinol / Marinol), was approved as a medicinal product in 1998. He can, therefore, be prescribed now.
However, the patient needs a narcotic prescription from the doctor, and the pharmacy requires a special permit from the Federal Office for Drugs and Medical Devices. Meanwhile, there is a German producer of THC called THC Pharm GmbH (The Health Concept). THC produced there is still quite expensive, but much cheaper than imported goods.
A constitutional complaint filed by eight patients (who use cannabis as medicine) intending to criminalize cannabis use for medical purposes was made for precise reason rejected.
It was initially apparent that legislation should be in force during this legislative period, which would allow patients requiring cannabis to obtain a derogation. To date, nothing has changed; the responsible body refuses to create exemptions. Patients continue to rely on the black market.
6. IS CANNABIS ALLOWED TO PRACTICE RELIGION?
No. The songwriter Hans Söllner has sued to the Federal Administrative Court. These judges were also of the opinion that the Basic Law (right to free exercise of religion) is only a superfluous relic from old times ( BVerwG 3 C 20.00 ). Once again, an excellent example that fundamental rights no longer play a role.
7. ARE SEED OWNERSHIP AND CULTIVATION ALLOWED?
Hemp cultivation is now permitted, but only for farms above a specific size and only for the advancement of approved hemp varieties. Nutzhanf cannabis plants are referred to, which can not serve as a drug, but exclusively as a fiber producer due to their low proportion of THC.
The handling of cannabis seeds was legal until 1.2.1998. However, due to changes in the BtMG, only seeds that are “not intended for unauthorized cultivation” are now excluded from Annex I of the BtMG. The others are legally on a par with hashish, but also with heroin. Anyone who buys or sells some seeds for several marks per piece or together with plant lighting systems, for example, is liable to prosecution.
8. WHAT ABOUT THE DRIVING LICENSE WITHDRAWAL?
Since 1.8.1998 the following rule applies: Anyone who has THC in their blood while driving a car is committing an administrative offense. Unlike alcohol (per mille limit), there is no minimum or maximum concentration. Although this has been scientifically defined, it has never been put into practice.
One must expect a fine of up to 3,000 marks, driving ban up to three months and points in Flensburg. According to the Ministry of Transport, the first infringement will generally incur a fine of 500 marks, one-month driving ban, and four scores. The second offense will cost 1000 marks, three months driving ban, and four points. From the third time, it is 1500 marks, three months driving ban and four scores.
For a criminal offense (“drunkenness in traffic,” § 316 StGB), the mere detection of drug use is not enough. The Federal Supreme Court has decided (Az: 4 StR 395/98).
Therefore, it is now often tried to prove in a so-called drug screening the regular consumption. If cannabis is found during the screening, in which the person is invited three times or more at a many time every six months, the completion of an MPU will no longer be avoided.
The Federal Administrative Court (Az: 11 B 48/96) requires for screening only that “sufficiently meaningful indications exist for the suspicion that the person concerned consumes hashish regularly. Therefore, “the court must separately form the conviction that the consumer is not willing or able to separate the consumption and driving of motor vehicles.”
9. ARE POLICEMEN ALLOWED TO LOOK AWAY?
No, not really. “Authorities and officers of the police service have to investigate criminal offenses and make all non-deferred orders to prevent the matter from being obscured. Theoretically, policemen even risk a severer punishment (for “punishment confusion in office”) when looking away than the drug owner. However, it has already happened that police officers in the public prosecutor’s office specify in quantity less than they have confiscated.
10. HOW GOOD ARE DRUG SEARCH BY DOGS?
There are many methods in circulation that are hardly or not at all suitable for obstructing search dogs in their work.
Cannabis is for the drug-seeking dog lighter prey than, for example, cocaine or LSD, as one can easily imagine even with a human nose. Nevertheless, these dogs have their weaknesses.
At heights over 1.80 meters, a dog can no longer smell much, because the smell of well-packed cannabis does not spread so much. For example, marijuana is “well packaged” in a gastight glass container (laboratory supply store) or in a welded metal container. But only if the outside is not contaminated with traces of cannabis.
For a career as a drug snoop, a dog needs a strong play instinct. It can also be used to distract the dog. Even more significant distraction promises the sexual drive. There should not be a few search dogs, the sight of (and smell!) A dog lady forget everything else.
If you smuggle cannabis into the hubcaps of your car, you might want to try driving through some butyric acid first, as this smell might be quite distracting.
But do not forget: drug search dogs always occur with human companions. And they also have this information.
11. SHOULD YOU SEND CANNABIS BY MAIL?
Not at all, because all foreign mail is controlled. A beagle led by a post office will find it without much effort. Of course, the recipient could claim that he did not know about the program. Then he must report them but on receipt immediately to the police. If the cops now find a suitable letter, they can send it to the recipient and access it if they do not show it immediately. Often, but the police comes faster than the broadcast.
12. WHAT THREATENS DRUG USERS IN THE PATTERN?
The sample requires a urine sample. These are not examined for drugs. Therefore, one can also safely answer the question of drug use, which is one (among many others), deny. Some hope to get around the service with the admission of drug use. Bad news: At least cannabis use does not help.
So there is no good reason to confess drug use. Anyone who does it, however, has few consequences to fear: many are sent to the psychologist. Annoying, but harmless. Besides, you are not allowed to drive in the service. There are no worse consequences, as the doctors are subject to secrecy.
13. WHAT TO DO IF YOU HAVE PROBLEMS WITH THE POLICE?
If you come into unpleasant contact with friends and helpers, the most important rule is: refuse to testify. All you have to do is give personal details [name/place of residence/birth (date and place) / approximate details of the job (student, worker, employee)]. Anyone who says more hurts himself only because you can still make exculpatory statements later (in court). Stressful accounts can indeed be revoked, but no longer unsaid. A statement refusal is rated in no case as an admission of guilt.
If the police do something strange (illegal), such as a house search without a search warrant, then you should appeal (but not intervene!) In writing or “to write” (dictate). In retrospect, if the action turns out to be illegal, you can make the officials deserved annoyance.
If objects are confiscated, you can get acknowledged type and quantity. However, it has already happened that law enforcement officers have delivered a smaller amount than they had taken. This not only benefits the policeman, it can also bring a lesser penalty to the ex-owner. If you get a summons from the police, you should throw it away. Do not go. Do not worry; they can not get you.