Smoked joints for medical reasons

“Pee instead of smoking pot”, defense attorney Klaus Spiegel (Würzburg) told his client even before his trial at the Gemünden District Court. The lawyer presented appropriate evidence of a drug-free life to the court. Nevertheless, the 35-year-old from the Lohr area was sentenced to a suspended sentence.

The father of two said at the trial that he smoked marijuana for medical reasons. It was about three or four joints “in the evening when the children were in bed”. According to him, they were necessary to be able to endure his pain. His partner knew about his consumption, but was surprised when one morning police officers rang the doorbell with a search warrant.

The fact that the consumer did not go online earlier was due to the fact that the investigations ran across two federal states. The defendant had ordered his drugs from a friend in Freiburg im Breisgau since 2017 and mostly received them from there. However, due to negligence on the part of the sender, the post office and the police became aware of him. The friend had posted two corresponding parcels at a post office. A corresponding scent that escaped the parcel drew the attention of the post office and the police. However, it was still a long time before the criminologists in Würzburg learned about the consumer from Main-Spessart.

Evidence of marijuana cultivation found

When the time came, the aforementioned apartment search took place on March 19, 2021. When the police in Freiburg found 49.8 grams of marijuana “of very good quality”, the officers in the apartment found 189 grams of self-cultivated marijuana. In addition, some plants, plant residues and corresponding accessories such as a breeding container and a fine scale.

As with the investigators in Freiburg, the investigators from Würzburg also had the breakdown devil at work. After the four officers meticulously recorded and secured everything with written records and photos, they left again. In the office back, however, it was found that a box with incriminating material had remained. By telephone, the detectives asked their colleagues in Lohr for administrative assistance. You should ask the accused whether he will voluntarily pull out the forgotten evidence because the judicial search warrant was forfeited. At the residential address, however, the officers only received an empty box.

“If he took the drugs, his health was fine,” said defense attorney Spiegel to the court. “Like about 2.5 million people in Germany,” the lawyer continued. The Würzburg lawyer also pointed out that the defendant only used “soft drugs” and only to alleviate his pain.

Admitted possession, denied drug trafficking

“We are admitting the property,” he emphasized, but denied that his client was trading, as accused by the public prosecutor’s office. To prove that his client no longer takes drugs and that his pain is under control with other, legal drugs, the defense attorney presented numerous pieces of evidence from various institutions.

The public prosecutor also saw in her plea “no trading” and the “possession of narcotics only for personal use”. She assessed the police officers’ two visits as an intolerable “interference with the personal rights” of the accused. As a sentence, she applied for a one-year imprisonment, suspended for three years, as well as a monetary requirement of 1,800 euros. Defender Klaus Spiegel, on the other hand, considered a fine of 2700 euros (90 daily rates at 30 euros) to be appropriate.

Criminal judge Dr. In his judgment, Sven Krischker was much closer to the prosecutor’s request. His judge ruled that he was sentenced to eleven months suspended prison sentence. With the conditions he followed the prosecutor. If the judgment becomes final, the 1,800 euros will go to the Gemündener Tafel.

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