The BtMG differentiates between “small amounts” and “significant amounts”. In many cases, a small amount may lead to a discontinuation of the proceedings. If, on the other hand, it is a “significant amount” within the meaning of § 29a BtMG, the accused could face severe punishment, as the crime in question is a crime for which the law provides for a prison sentence of not less than one year. The BtMG does not offer a legal term for a “normal amount”.
The “normal amount” is instead to be determined between the limits of the “small amount” and the “significant amount” for the respective narcotics. For ecstasy (MDMA/MDE/MDEA/MDA), for example, the limit of the small quantity is 3 units of consumption, i.e. 3 pills. The significant amount is set at 250 units of consumption. This demonstrates that the amount deemed to be “above normal” or “significant” can be determined during the proceedings.
The legal assessment is always linked to the net weight of the substance that promotes intoxication. Therefore, this means that the possession or trade of “bad grass” may not be punished as severely as that of “good grass”. In this respect, the THC (tetrahydrocannabinol) content is what counts. The THC content of marijuana usually is around 17-18%. However, there are considerable fluctuations, with the THC content being between 10-30% within marijuana.