Citizens can not sue for cannabis legalization

Berlin Administrative Court rejects lawyer

In court, citizens can not dispute the legalization of cannabis. Such a claim against the Federal Government is "seen from no legal point of view," judged on Wednesday, November 28, 2018, the Administrative Court of Berlin (Az .: 14 K 106.15).

In Germany, around 1,000 people have an exemption to buy marijuana for medical self-therapy in a pharmacy. (Image: rgbspace / fotolia.com)

It rejected a lawyer of retirement age. With his complaint he had demanded that the federal government pass a regulation on the legalization of cannabis. He claimed he wanted to consume the drug, grow it and also run a business selling cannabis products. As a result, he not only believed in the general freedom of action and personal rights on his side, but also in occupational freedom.

But the comprehensive approach did not help him. The Berlin Administrative Court dismissed its action as inadmissible and unfounded. Even taking into account the fundamental rights, "from no legal point of view (...) is there any claim to the enactment of a legal ordinance of the Federal Government on the legalization of cannabis".

Although the law allows the Federal Government to delete certain substances or preparations from the drugs list of the Narcotics Act. However, the prerequisite is that there is a corresponding general consensus or that the substances are "obviously no longer relevant".

This is not the case with cannabis. The release was publicly as controversial as in politics. Therefore, only the Bundestag could decide on a legalization. However, Parliament is "currently obviously not ready for legalization". mwo / fle