Court finds painfully ill defendant not guilty of illegal drug possession for almost 95g THC (887g marihuana) on base of emergency clause

In Germany, the defense lawyer Sebastian Glathe has done what was thought to be impossible. His client had possessed 887g marihuana, containing almost 95g THC. The state prosecution indicted Glathe's client of a violation against the Betäubungsmittelgesetz (drug law), as the possession of THC is forbidden. Exceptions have been made for scientific purposes and some private people recently, and the defendent possibly also had such one, but it was still believed widely to be criminal to cultivate the plants himself.

Glathe's client has chronic pain and the attention deficit hyperactivity disorder (ADHD). Glathe argumentet that an emergency situation above the law (übergesetzlicher Notstand, §34 StGB) took place here, so his client's right to his health and suppression of pain would weigh higher than society's interest in banning THC. The court followed the argumentation.

Since the judgment will become legally binding, it creates de jure a situation in Germany where medical use of THC is legal under certain circumstances, even without an exception being given by the Verwaltungsgericht.

EDIT, 10 March 2016: Another source claims the defendant has been infected with HIV, and had an exception to use THC for medical purposes, but did not give a reliable source for either statement.

EDIT, 10 March 2016: On our inquest, Sebastian Glathe confirmed he will publish the ruling on his website when it is available to him in written form.