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Law and Justice

Ganja or guns: Germans forced to choose

January 31, 2018

A Munich court has ruled that anyone with a prescription for medicinal marijuana must give up the right to own firearms. The judge ruled that anyone owning guns must be in a condition to handle them cautiously.

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A person smoking marijuana
Image: picture-alliance/dpa/D. Karmann

A German hunter's appeal for the reinstatement of his gun ownership card and hunting license despite being a long-term medical marijuana userwas dismissed by a Bavarian court on Wednesday.

According to the judge, gun owners must be capable of cautiously handling weapons and ammunition at all times. Cannabis consumption, even if prescribed by a doctor, would impair a person's ability to properly handle a weapon, the judge said.

Read more: Germany's medicinal cannabis market struggles with short supply and high costs

The ruling sets a precedent that will likely force Germans to choose between receiving medicinal cannabis treatment and owning a gun license.

The district administration in Miesbach, which first revoked the plaintiff's gun and hunting license, said in a statement that it had followed expert opinion that says the mental well-being of a person who regularly consumes cannabis cannot be guaranteed.

The hunter admitted to smoking cannabis several times. 

In March 2017, the German government decriminalized the use of prescription cannabis as a form of medical treatment.

The Debate on Legalizing Marijuana

dm/sms (dpa, epd)