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“You burden the judiciary with a lot of work instead of relieving it”: District Judge Stefan Lorenz in his office in the courthouse in the old town. © Thomas Zimmerly
In an interview, district judge Stefan Lorenz says what he thinks of the new cannabis law and what it means for the judiciary.
Dachau – The Dachau police station registered 289 drug-related offenses in the Dachau district in 2023. According to crime statistics published on March 19, this is an increase of 11.6 percent compared to the previous year. Just three days later, on the Friday before last, the Federal Council decided against calling the mediation committee in Berlin and thereby approved Health Minister Karl Lauterbach's controversial cannabis law.
What Manuela Schwesig signed
After some political fanfare, Federal Council President Manuela Schwesig signed the paper on behalf of the vacationing Federal President Frank-Walter Steinmeier. It can now come into force as planned next Monday, April 1st. The local newspaper asked Stefan Lorenz (61), district judge and spokesman for the Dachau district court, what this means for him and his colleagues. But also what he personally thinks of the amendment to the law.
What changes with the new cannabis law?
Stefan Lorenz: Cannabis and marijuana will no longer be treated as narcotics, but in the future as so-called stimulants. This means that they are excluded from the annex to narcotics and are therefore no longer subject to the legislation under the Narcotics Act. However, the so-called Consumer Cannabis Act also contains criminal provisions, so no one has to think that everything is now permitted in connection with cannabis products.
What else?
It's an insane change. What was previously considered very punishable is suddenly allowed. Personally, I don't think the scope is right.
Why?
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According to case law, the limit of the small amount for which prosecution could already be waived was three consumption units, i.e. three joints or 45 milligrams of THC. How many grams of cannabis this can actually be depends on the active ingredient content. Many people are not aware of what a huge step it is that is now suddenly allowed. On the street you can have up to 25 grams with you without penalty, and at home you can even have a supply of 50 grams. These are quantities that cannot be quickly smoked away in one or two days.
How is “a not small amount” actually defined?
The BGH has determined that if the active ingredient content exceeds 7.5 grams of tetrahydrocannabinol, or THC for short, then there is a significant amount of cannabis. If the cannabis has an active ingredient content of 15 percent, the amount of 50 grams that will be allowed at home in the future would be 7.5 grams.
Furthermore, impunity with retroactive effect without a time limit is planned. What does that mean?
This means that all procedures that have not yet been completed must be put to the test. Relevant punishments need to be revised. Fines and prison sentences that have not yet been enforced must be repealed without replacement, so to speak.
What happens if someone has committed a “mixed” crime, such as a theft, while still having cannabis in their pocket?
It must then be determined what portion of the sentence is due solely to the possession of the cannabis, and the sentence must be reassessed without that portion. This will involve some effort.
How is this continuing?
What should be exempted from punishment is only the possession and purchase of cannabis through membership in a cultivation association for personal consumption. The purchase is limited to 25 grams of cannabis per day, but a maximum of 50 grams per calendar month. For adolescents, the maximum monthly amount is limited to 30 grams.
What is the quality of cannabis like these days?
It has been noted that over the last decade, the average active ingredient content of cannabis on the market has increased significantly. The quality has probably improved, so that today you can say that the active ingredient content is usually between ten and 15 percent. Previously, however, it was only five to ten percent.
Back to the 25 grams: the health aspect inevitably comes to mind...
There are doctors who say that THC naturally has an impact on the psyche, especially on the development of the brain in young people, which is usually not yet complete in 20 or 21 year olds. I take this seriously because I am also a guardianship judge. And I personally have noticed that the number of mental illnesses - often caused by the use of cannabis - has increased significantly, especially among young people. I can't provide any numbers, but I can say it from my own experience.
So what do you suggest?
What has been decided so far, that these three consumption units are generally exempt from punishment, perhaps five or six units, makes sense and is sufficient. This would also be in line with Minister Lauterbach's claim to relieve the judiciary and law enforcement authorities from petty matters. The casual smoker puffing through a joint in the park or at home can do this. The social outlook has already changed.
But?
I can understand the approaches in the bill itself, and I think they are correct. But I find the dimension frightening. I see no need for such a quantity to suddenly be allowed. I consider it even less justified to retroactively grant amnesty to all convicted offenses. The convicted people knew when they committed the crime that they were doing something forbidden. An example: At the time the perpetrator committed a criminal offense, let's say in February 2020, he knew exactly that his actions were punishable. Why should he then benefit from a reduced sentence in 2024? That's why there's no need for this benefit of excessive repercussions. And you are putting a lot of work on the judiciary instead of relieving it.
What awaits the Dachau District Court?
We can't yet begin to say what lies ahead. We still have no idea at all. We know that thousands of cases are being examined by the public prosecutor's office, but I don't know exactly what the Dachau District Court is responsible for. I'm assuming it's only in the double digits, but I'm not sure.
What happens to a criminal who is in prison for a drug offense?
He will first have to be released so that no one commits the crime of deprivation of liberty while in office. You don't know what will come out. It could be that part of the punishment has already been dealt with. And you will have to create a new punishment there too.
What about perpetrators who have served their sentence but are subsequently determined that it was too long?
Once he has fully served a sentence, it's done. There is no compensation afterwards. Nobody can come and say that I was wrong. However, the law stipulates that the convicted person can submit an application to have the entry of a fully executed sentence deleted from the Federal Central Register.
Interview: Thomas Zimmerly