The man had supplied himself with cannabis for a long time in order to alleviate his unbearable knee and back pain after many operations. He also wanted to fight extreme sleep problems with joints. The defendant now explained this in the trial before the lay judge’s court in Starnberg. In November 2019, the police discovered a rearing facility and plantation with 48 hemp plants and around 600 grams of cannabis in the apartment of the craftsman from the district. Now the 41-year-old man, who has a previous conviction for drug cultivation and other crimes, had to answer for the unauthorized possession of narcotic drugs in no small amount. He was sentenced to 18 months suspended prison sentence – with the condition that he should do 120 hours of community service, which would not have to be done until November next year.
With this long period of time, Judge Christine Conrad takes into account the poor health of the man, whose long history of suffering she described as credible at the hearing. However, he took the wrong path of growing and harvesting cannabis instead of applying for a prescription for medicinal cannabis, the judge said. However, she admitted that there are still high hurdles and requirements for such patients to obtain a cannabis prescription, even if the strongest painkillers would no longer help – as in this case.
The craftsman, who can hardly do his job any more, has now submitted another application for a prescription of medicinal cannabis, which the health insurance company has so far denied him despite certificates. “I hope to soon no longer be seen as a criminal but as the sick person I am,” said the confessed defendant. He said he used to smoke one to four joints a day to be able to endure his extreme pain.
The defense attorney emphasized that her client had grown the hemp exclusively for their own consumption. The defendant had tried again and again to obtain cannabis on prescription, but “most doctors kept their hands off it,” the lawyer regretted. She pleaded for a fine of a maximum of 180 daily rates of 15 euros each. From their point of view, a suspended sentence of less than six months is otherwise acceptable in this matter.
For the prosecutor, both options were out of the question: She demanded a prison sentence of two years and nine months because the accused had not been impressed by previous suspended sentences for drug cultivation. But the court gave the 41-year-old one last chance. Because his family circumstances have also changed positively, the judge found.