The state government of North Rhine-Westphalia has announced its intention to submit a legislative proposal to the Federal Council aimed at ensuring continued receipt of basic income support (“Bürgergeld”) for convicted drug addicts undergoing therapy. The Justice Ministry detailed the initiative on Sunday, emphasizing its focus on safeguarding the livelihood and medical care of individuals during treatment while streamlining administrative processes.
The move follows a 2021 ruling by the Federal Social Court. This judgment stipulated that individuals convicted of drug-related offenses are ineligible for social benefits, including basic income support, under Section 35 of the Narcotics Act during therapy. In practice, this has resulted in the loss of health insurance coverage and a lack of sufficient funds for daily living for many affected individuals while they receive treatment.
Justice Minister Benjamin Limbach stated that the concept of “therapy instead of punishment” offers individuals struggling with addiction a genuine opportunity for rehabilitation. He warned that a failure to support this approach could lead to the release of untreated drug addicts back into society, potentially increasing the risk of further criminal activity. Previously, North Rhine-Westphalia introduced a similar draft law in February 2024; however, its consideration was interrupted due to the early dissolution of the Bundestag.
