Buying Drugs Online – Criminal Defence in Germany

The German Narcotics Act (Betäubungsmittelgesetz, BtMG) regulates controlled substances’ possession, purchase, and distribution. Buying drugs, whether in person or over the internet, is illegal and can result in serious legal consequences. Under § 29 BtMG, acquiring, possessing, or purchasing illegal drugs without a valid prescription is a punishable offence. Even ordering small quantities for personal use constitutes a criminal violation. Attempting to buy drugs, even if the order is never delivered, is also illegal under § 29 (2) BtMG, meaning individuals can face charges even if the package is intercepted or never arrives.

For larger drug quantities, § 29a BtMG increases the severity of penalties. If the amount exceeds the legal threshold for a “non-insignificant” quantity, the offence is classified as a felony with a minimum prison sentence of one year. If there is suspicion of drug trafficking or organized crime, § 30 BtMG allows for even harsher penalties, including sentences of up to 15 years in prison.

Penalties depend on the type and quantity of drugs involved. In minor cases, fines, probation, or drug education programs may be imposed, though this varies by federal state and the individual’s legal history. Prison sentences will likely be used for more significant amounts or suspected intent to be distributed. Understanding these legal risks is essential for anyone facing allegations related to online drug purchases in Germany.

German law enforcement agencies and customs authorities actively monitor and investigate online drug purchases using digital surveillance, financial tracking, and postal inspections. Despite the perceived anonymity of the internet and darknet marketplaces, various investigative methods allow authorities to identify individuals attempting to acquire illegal substances online.

• Package interceptions – German customs officers inspect international shipments, especially from high-risk countries. Suspicious packages are flagged based on labelling, size, or sender details and can be subject to drug-sniffing dogs, X-rays, and chemical tests. If drugs are found, authorities may investigate the recipient before making an arrest.
• Darknet investigations—Law enforcement tracks illegal drug sales on encrypted marketplaces. In cooperation with Europol and other agencies, German cybercrime units infiltrate platforms, seize transaction records, and identify buyers. Past takedowns of major darknet markets, such as Operation SpecTor, have led to mass arrests.
• Financial tracking – Despite the use of cryptocurrencies, authorities employ blockchain analysis to trace drug payments. Traditional bank transfers to known darknet vendors can trigger anti-money laundering alerts, prompting further investigation.
• Home searches and digital forensics – If authorities suspect someone of buying drugs online, they may conduct home searches, seize electronic devices, and recover deleted messages, transaction logs, and browsing histories.

Given the reach of law enforcement in this area, individuals facing such allegations should seek immediate legal assistance to understand their rights and possible defence strategies.

Anyone caught buying drugs online in Germany risks facing serious legal consequences under the German Narcotics Act (BtMG). The severity of the penalties depends on the type and quantity of the drug, as well as whether the case involves simple possession, repeated offences, or an intent to distribute.

Purchasing illegal drugs—whether through the darknet or regular online channels—constitutes an offence equivalent to possession. German courts treat online purchases as an act of acquiring narcotics, which means that as soon as an individual places an order, they can be held legally responsible, regardless of whether the shipment is intercepted or successfully delivered. For smaller amounts intended for personal use, penalties can range from fines to suspended sentences. However, first-time offenders may, in some cases, be offered rehabilitation programs instead of criminal prosecution. However, this largely depends on the Bundesland (federal state) and the case’s specific circumstances.

For non-German residents, the consequences extend beyond fines and imprisonment. Under § 53 Residence Act (Aufenthaltsgesetz – AufenthG), a criminal conviction related to drug offences can lead to deportation or the revocation of a residence permit. Even lesser offences, such as possessing small quantities, may negatively impact a person’s immigration status, particularly if they are a visa holder or applying for permanent residency or citizenship. German immigration authorities consider drug-related convictions a serious violation of public security, making it crucial for non-citizens facing such charges to seek immediate legal assistance.

The legal consequences of buying drugs online in Germany can be severe, even for first-time offenders. Being accused of buying drugs online can be overwhelming, but how you respond in the early stages of an investigation can significantly impact your case. German law grants certain rights to defendants, and exercising them correctly can make a crucial difference.

One of the most important steps you can take is to avoid speaking to the police without legal representation. Under German law, you have the right to remain silent. You are not obligated to provide any information beyond your personal details (name, address, date of birth). Many suspects believe that explaining themselves will help resolve the situation, but in reality, statements made under pressure can be used against you later in court.

• Do not answer questions about the case without a lawyer present.
• Do not sign any documents without fully understanding their consequences.
• Do not admit to anything, even if you think the evidence is overwhelming—legal defences may be available.

Consulting a German criminal defence lawyer as soon as possible is essential. A lawyer can assess the strength of the prosecution’s case, advise you on the best course of action, and represent you during police interrogations and court proceedings.

• If you are arrested or questioned, insist on speaking to a lawyer before saying anything.
• If authorities search your home, ensure a lawyer is present or contact one immediately afterwards.
• If you receive a legal notice or court summons, do not ignore it—seek legal advice immediately.

A qualified criminal defence lawyer can negotiate with prosecutors, challenge weak evidence, and potentially reduce or dismiss the charges against you.

Even if the authorities claim to have strong evidence, there are several possible defences against allegations of buying drugs online. Depending on the circumstances, a lawyer may argue:

• Lack of intent – You may not be criminally liable if you did not knowingly order illegal substances. This can apply in cases of mistaken transactions or unauthorised use of your payment details.
• Mistaken identity – Many online drug purchases involve anonymous accounts, encrypted messaging, and cryptocurrency transactions. The case may be weak if the prosecution cannot definitively link you to the order.
• Procedural errors – German law enforcement must follow strict legal procedures during investigations, searches, and arrests. Evidence may be inadmissible in court if they violated due process (e.g., conducting an unlawful search or failing to follow proper interrogation protocols).

At Schlun & Elseven Rechtsanwälte, our criminal defence lawyers provide legal representation for individuals facing charges related to buying drugs online. We have experience defending internationals in Germany who may not be familiar with the German legal system and ensure that our clients understand their rights and options at every stage of the process.

We represent clients during police investigations, interrogations, and court proceedings. Our team reviews the evidence, identifies weaknesses in the prosecution’s case, and develops defence strategies based on the specific circumstances. If procedural errors or rights violations have occurred, we challenge the legality of the investigation and work to have evidence excluded where possible.

If a case goes to trial, we provide courtroom representation and advocate for reduced penalties or acquittal where justified. In the event of a conviction, we handle appeals and seek alternative sentencing options when applicable. Our lawyers also advise non-German residents on the immigration consequences of drug-related charges and work to protect their residence status.

Early legal advice is crucial for those facing allegations. Contact Schlun & Elseven Rechtsanwälte for a consultation to discuss your case and possible defence options.