2024-11-13 | In one of the first regional court appeal decisions, the Landshut Regional Court has classified the commercial trade in cannabis cuttings as a criminal offense, lawyer Kai-Friedrich Niermann reports on LinkedIn. The court justified this with the legislator’s aim of preventing the “socially harmful” trade in this “risky drug”. Niermann described the decision as interest-driven and indefensible. He criticized the lack of in-depth examination of systematic and teleological aspects as well as contradictions in the explanatory memorandum.
In a recent statement, the Bundesrat called on the Federal Government to regulate the commercial trade in cuttings more strictly.
Case law, including that of the Federal Court of Justice, appears to be overburdened when it comes to cannabis. Justifications for the law are weighted differently depending on one’s own convictions.
In a specific case at the Sinnflut festival, the Landshut public prosecutor’s office confiscated cannabis cuttings, but admitted that the legal situation was unclear. A spokesperson for the public prosecutor’s office emphasized that they were in an “open investigation process”.
Niermann argues that the trade in cuttings is legal as long as there are no flowers or fruit. He refers to loopholes in the new cannabis law.
Source: German Cannabis Business Association
