Law glitch with consequences: comma error is said to have legalized drugs

politics

In principle, the majority of well-known drugs are prohibited in Germany, both in possession and in trade. Due to some loopholes in the law, however, it is still possible to sell so-called “legal highs”. Here the chemical compound has been minimally modified so that the ban no longer appliesbut the desired effect is achieved.

Drugs made legal again by comma, according to lawyer

This tactic ensures an ongoing game of cat-and-mouse between sellers on one and politics and judiciary on the other. Laws are constantly being amended and new substance combinations are added to the list of banned substances. In order to be able to act faster here, the “New Psychoactive Substances Act” (NpSG) was passed in July 2022 and came into force in September.

As the “taz” reported, according to a technical report by lawyer Sebastian Sobota that has not yet been published, there was now a glaring error. In the list of substances that will be banned in the future, for example, at one point accidentally put a hyphen instead of a comma. LSD derivatives, i.e. compounds very similar to LSD, were not only not criminalized, but in some cases even legalized again.

Ministry of Health does not see any effects

Karl Lauterbach’s Ministry of Health, however, put the extent of this into perspective considerably. The “editorial error” will be corrected immediately, but he has “no impact on the applicable legal situation”since the intention of the law is obvious.

According to Sobota, some LSD derivatives are still or even legal again due to the error. Image: imago images/Jochen Tack

Sobota, who teaches criminology at the University of Heidelberg, among other things, takes a different view in his specialist article. Especially since the legislator has to strictly keep his word, the criminalization has failed here for several substances.

Criminologist predicts acquittal for accused

During the re-legalization that was caused by the error, the accused would even have to be acquitted, if there has not yet been a verdict. Those who have already been convicted, on the other hand, could submit a petition for clemency, through which legally imposed sentences can be exceptionally suspended, converted or reduced.

The legal assessments of Sobota and the Ministry of Health are therefore far apart. According to Christian Rath, the legal correspondent of the “taz”, this will only be clarified as soon as there is a corresponding indictment. In this case, the respective criminal court then decides how the law, which has probably been corrected by then, is to be interpreted.