Chronology

Chronology of the Cannabis Lawsuit

  • June 2015: bringing an action
  • 31.07.2015: Prof. Peter Kothe intervenes on behalf of the Federal Government and objects to the complaint (exclusively formal objections – no substantive dispute):
  • VG Berlin is not responsible for the matter
  • The applicant claims that the action is inadmissible
  • 12.08.2015: Plaintiff’s statement on formal objections
  • 21.09.2015: Statement of the defendants:
  • VG Berlin is not responsible for the matter
  • 29.09.2015: Legal notice to the defendant:
  • The VG Berlin is responsible for the matter
  • 26.10.2015: Statement by the defendants:
  • Action is inadmissible, as the adoption of a norm cannot be enforced by a court
  • The action is inadmissible because the plaintiff would have easier ways to open a specialist Cannabis shop:
  • Request approval from the BfArM
  • Present the considerations set out in the application to the prosecuting authorities
  • The action is unfounded because
  • The Federal Government would regularly check the dangers of Cannabis and therefore still assume it’s danger, which would justify the existing prohibition of contact
  • The 1961 and 1971 Narcotic Drugs Conventions would stand in the way of legalisation
  • The previous failure of prohibition with regard to the protection of minors and health does not force legalisation, as it is sufficient that, in theory, the purpose (protection of minors and health) could be achieved.
  • People should be prevented from recklessly causing themselves greater personal harm
  • 11.11.2015: Statement of the plaintiff’s side (see Annex):
  • References to:
  • http://www.tdpf.org.uk/sites/default/files/UNODC-decrim-paper.pdf (UNODC: Briefing paper: Decriminalisation of Drug Use and Possession for Personal Consumption)
  • https://www.welt.de/politik/ausland/article147798493/UN-Dokument-fordert-legalen-Konsum-aller-Drogen.html
  • https://www.virgin.com/richard-branson/finally-change-course-drug-policy
  • http://www.tagesspiegel.de/wissen/studie-in-den-usa-keine-langzeit-schaeden-durch-cannabis-konsum/12150266.html
  • 26.01.2016: Statement by the defendants:
  • Reference to draft law on the liberalisation of access to Cannabis as a medicinal product
  • 13.05.2016: Request for a trial date to be arranged by the plaintiff
  • 18.05.2016: Administrative Court announces that a hearing date is not feasable due to too many older proceedings
  • 13.06.2016: Statement by the defendants:
  • Reference to judgment of the Federal Administrative Court of 06.04.2016 (3 C 10.14)
  • 04.07.2016: Statement on the decision of the Federal Administrative Court by the plaintiff:
  • Thus, it is finally established that the application for a permit, according to § 3 para. 2 BtmG, is not an alternative for the plaintiff.
  • 19.07.2016: Supplement to the statement of claim:
  • Reference to “Statement on the Legalization Debate of Non-Medical Cannabis Consumption of the German Society for Addiction Research and Therapy”, Zeitschrift Blutalkohol 2015, 329 ff.
  • 21.09.2016: Statement of the defendants:
  • Judgment of the Federal Administrative Court of 6 April 2016 shows that a fundamental ban on Cannabis is unproblematic.
  • 14.11.2016: Statement by the plaintiff (see Annex):
  • Request for scheduling for a hearing
  • References to:
  • http://www.drugpolicy.org/news/2016/10/so-far-so-good-what-we-know-about-marijuana-legalization-colorado-washington-alaska-ore http://cannabis-special.com/immer-mehr-studenten-immer-oefter-high/
  • 16.11.2016: Message from the Court: Scheduling not feasable
  • 06.12.2016: Statement of the defendant side:
  • Further complaint of inadmissibility of the action
  • English language documents to which the statement of claim refers are reprimanded, as the court language is German.
  • 27.03.2017: Supplement to the statement of claim (see appendix):
  • References to
  • http://www.apa.org/news/press/releases/2015/08/marijuana-use.aspx
  • https://www.sciencedaily.com/releases/2016/11/161116102847.htm
  • https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4988999/