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Berlin Administrative Court dismisses lawyer
Citizens cannot contest the legalization of cannabis in court. Such a claim against the Federal Government is “from no legal point of view”, judged on Wednesday, November 28, 2018, the Berlin Administrative Court (Az .: 14 K 106.15).
It rejected a retired lawyer. With his lawsuit, he demanded that the federal government issue a regulation to legalize cannabis. He claimed that he wanted to consume the drug, grow it, and also run a shop selling cannabis products. In doing so, he believed not only the general freedom of action and personal rights on his side, but also the freedom of profession.
But the comprehensive approach didn't help him. The Berlin Administrative Court dismissed his action as inadmissible and unfounded. Even taking fundamental rights into account, "there is no legal point of view (...) for the Federal Government to issue an ordinance on the legalization of cannabis".
The law allows the federal government to remove certain substances or preparations from the list of drugs in the Narcotics Act. However, the prerequisite is that there is a corresponding general consensus or that the substances “are obviously not relevant”.
This is not the case with cannabis. The release is just as controversial in public as in politics. Therefore, only the Bundestag can decide on legalization. However, the parliament "is obviously not ready for legalization". mwo / fle