Potential Compensation Claims against State Due to Cannabis Legalization Reversal
A German judges’ association has raised concerns that the state could face substantial compensation claims if the conservative Christian Democratic Union (CDU) reverses the recently enacted cannabis legalization law, as announced in their election campaign.
Simon Pschorr, a public prosecutor and spokesman for the criminal law division of the New Judges’ Association (NRV), asserted that a complete ban on cannabis cultivation and consumption would amount to an expropriation of cannabis clubs. This, he argued, would entitle the clubs to assert compensation claims against the state.
The NRV, an association of judges and public prosecutors, pointed out that the high investment costs associated with cannabis cultivation and the seven-year license period granted under the law would result in "considerable" compensation claims.
CDU’s Election Promise to Reverse Cannabis Law
The CDU, led by candidate Friedrich Merz, has vowed to swiftly overturn the Cannabis Act upon assuming government after the federal elections on Sunday. The party’s election program claims that the law "protects dealers" and "exposes our children and youth to drug use and addiction."
Legalization of Cannabis in Germany
Since April 2024, adult cannabis use has been legal in Germany, subject to certain restrictions. Individuals are permitted to cultivate up to three plants in private residences and possess up to 50 grams of cannabis. Additionally, non-commercial cultivation associations may establish licensed collective cultivation facilities.
Concerns over Reversing Cannabis Law
Pschorr emphasized that the legislature must provide sufficient transition periods if the law is to be reversed. "Cannabis Social Clubs and private individuals who have cultivated cannabis at home must be given the opportunity to legally dispose of their plants and harvests. This cannot be demanded overnight," he stated. Moreover, he stressed that retroactive criminalization is legally impermissible.
The prosecutor expressed positive feedback regarding the Cannabis Act. "Despite the challenges associated with the amnesty, which should not be downplayed, the relief it has provided to the judicial system is significant. A reversal would mean that the judiciary would once again have to prosecute petty users on a large scale," he said. Such a situation would divert valuable resources away from combating organized crime.
Controversy Surrounding Cannabis Legalization
The legalization of cannabis has been a subject of extensive debate in Germany. The Federal Medical Association has demanded its revocation, while the Judges’ Association has warned of loopholes that could be exploited by organized crime.
