Germany: The Conference of Ministers of Justice propose a resolution to amend the Cannabis Act, allowing authoriries to re-access surveillance for illegal cannabis growers and distributors

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German Cannabis Business Association

Conference of Justice Ministers calls for adjustments following partial legalization of cannabis

2024-11-21 | The Conference of Ministers of Justice (JuMiKo) will discuss a proposed resolution to amend the Cannabis Act on November 28, 2024. Berlin Senator for Justice Felor Badenberg criticizes the fact that important investigative instruments such as telecommunications surveillance, online searches and acoustic home surveillance for the fight against commercial cannabis trafficking have been restricted since the Consumer Cannabis Act (KCanG) came into force. In particular, the collection of traffic data and location data for cannabis-related offenses is now no longer permitted, which makes prosecution more difficult, LTO reports.

The JuMiKo is calling on the Federal Minister of Justice, Volker Wissing, to take this problem into account when evaluating the KCanG. Inadequate adaptation of the Code of Criminal Procedure could lead to ongoing investigations failing due to a lack of evidence. In one notable case, a dealer of around 450 kilograms of cannabis was acquitted because findings from the EncroChat software could not be used.

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