core of the AV to § 31 a BtmG in Berlin: "1 The prosecutor may decide on the circumstances of the case by the prosecution under § 3LA Narcotics Act if they are indeed on the use of cannabis resin or marijuana in a gross amount of not more than fifteen (15) grams for occasional personal consumption refers, provided it can be assumed regarding the drug content of a small amount and the other factual requirements are met,
second Simplified Refers application
the deed to the handling of cannabis resin or marijuana for occasional personal consumption in the gross amount of not more than 10 (ten) grams, then the trial basically set.
third Exceptions
exception to this rule are the cases where the public interest of the prosecution because the legal peace is disturbed over the life cycle of the person concerned also. This is particularly the case when
• Narcotics are used in a way that has a seductive effect on a child or dependent young or adolescent,
• Narcotics in the public ostentatiously or on vulnerable groups (eg children) and before or in facilities or facilities that are visited by these people (especially kindergartens, playgrounds, be schools, youth centers and stations purchased) or consumed
• the act was committed by a person to fear that in the latter institutions operate, or is responsible for implementation of the Narcotics Act,
• action adverse impact on the safety of the public road can or
• the acts in the judicial or disciplinary measures will be committed.
4th Repeated use
The application of § 3LA BtMG is generally not prevent the suspect has already been sentenced several times for offenses against the narcotics law or otherwise, under investigation been set by that provision, or the offense was committed during an ongoing trial period, this is especially true when a drug dependency is present or the suspect can not be excluded. "
Published in the Official Journal for Berlin No 23 of 11.06.2010, Page 868 ff text here.
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