NCJ Number
124076
Date Published
1989
Length
20 pages
Annotation
Drug law reforms in the Federal Republic of Germany in the last 20 years have increased the maximum penalties, expanded the range of drug law offenses, widened the scope of drugs regulated, maintained flexibility, and distinguished between addicts and nonaddicted offenders.
Abstract
Together, these provisions reflect a policy that rests on prohibition and control. Thus, maximum penalties for serious drug crimes rose to 10 years in 1971 and 15 years in 1981. In addition, the list of drugs subject to the law can be expanded without legislation. The law also divided drugs into three groups: those that are prohibited; those that may be distributed legally but not prescribed, for example, codeine and methadone; and those, like opium and morphine, that may be distributed legally and prescribed by physicians. The mere use of drugs is excluded from the range of punishable acts, although acquiring, possessing, transferring, and other actions are included. Probable future reforms include the criminalization of money laundering and related activities and the revision of forfeiture laws. Criminal justice statistics show increasing numbers of drug offenders; most crimes involve possession and most cases involve hashish and marijuana. The use of illicit drugs has been declining in the 1980's, and alcohol and tobacco are therefore likely to become the focus of future efforts at treatment and control. Footnotes, figure, and 51 references