The Aschersleben District Court (Judgment of September 24, 2024, Case No. 2 Ds 69-24) has determined the threshold for a "significant quantity" of the intoxicating cannabis active ingredient THC, based on the new Cannabis Act, at 37.5 grams. This refers not to the gross amount of substances such as marijuana, but to the contained active ingredient THC. Average THC content ranges from 5% to 20% of the gross weight. The "Significant Quantity" of the active ingredient is the basis for assessing whether possession, importation, or trafficking constitutes a misdemeanor or a felony.
As recently as April 2024, the 1st Criminal Senate, despite the legislator's revised risk assessment in passing the Recreational Cannabis Act (KCanG), maintained the threshold at a strict 7.5 grams of the cannabis active ingredient THC. Accordingly, four other criminal senates, including the 5th Criminal Senate responsible for Berlin, adhere to the 1984 risk assessment and evidently oppose the legislative intent of the KCanG (LTO from June 21, 2024).
It must be emphasized that the Aschersleben District Court has thus raised the threshold by 30 grams, which has been deemed appropriate by five criminal senates of the Federal Court of Justice (BGH) since 1984. This places the District Court in opposition to the majority view of the BGH’s criminal senates.
In its reasoning, the District Court states: "The principle of separation of powers, as expressed in Article 20(3) of the Basic Law (GG), also obliges the courts to consider the legislative intent when interpreting laws. Otherwise, as demonstrated, the court would encroach upon the legislative function." The Aschersleben District Court finds it "hardly comprehensible" that the BGH continues to rely on the risk assessment from the 1980s.
The Public Prosecutor's Office has already filed an appeal against the judgment of the Aschersleben District Court. It is expected that the judgment will be overturned.
Cannabis THC Threshold Criminal Law