Our drug defense lawyers in Germany deal with proceedings that range from personal possession to large-scale trafficking and organised crime investigations spanning several jurisdictions. Penalties under the German Narcotics Act (BtMG) are severe: where a significant quantity is involved, § 29a BtMG sets a minimum sentence of one year, and § 30a BtMG raises that to five years for gang-related or armed trafficking. Cases at this level are usually built on months of covert investigation, including telecommunications surveillance, undercover officers and data from encrypted messaging services, and are often accompanied by asset freezing and confiscation proceedings.
The legal framework has also changed. Since 1 April 2024, cannabis has been removed from the BtMG and is governed by the Cannabis Act (KCanG) and the Medicinal Cannabis Act (MedCanG), each with its own possession limits and sentencing rules. Which statute applies to a given set of facts, and which version applied at the time of the offence, is now one of the first questions in any defense.
Even where the BtMG appears to set out straightforward definitions, each offence consists of several elements, and case law has added requirements that do not appear in the statute. Quantity thresholds, the line between trafficking and aiding, the admissibility of evidence obtained abroad and the scope of confiscation all turn on detailed points of substantive and procedural law.
Schlun & Elseven Rechtsanwälte represents clients at every stage of narcotics proceedings in Germany, from the first house search through to trial and appeal. Our criminal law team includes experienced defense lawyers and a former public prosecutor. If you need a drug or narcotics defense lawyer in Germany, contact us today.
How are Drug Offences regulated in Germany?
The essential norms regarding drug offences can be found in the German Narcotics Act (BtMG – Gesetz über den Verkehr mit Betäubungsmitteln). This law serves as the cornerstone of the legal framework governing the production, distribution, possession, and use of such substances. The BtMG establishes a comprehensive set of regulations aimed at combating drug-related crimes while seeking to balance public health concerns and individual rights. The prohibited substances are listed in Annexes I-III of the BtMG. They include hashish, marijuana, amphetamines, methamphetamines, cocaine, heroin, ecstasy and LSD.
The narcotics law differentiates between the various narcotics and the corresponding quantities concerning the criminal consequences. This distinction enables an efficient criminal justice system where not all “drugs” are treated equally. Especially concerning the amount taken, the differentiation between “soft”, “medium”, and “hard” drugs becomes clear. Khat, hashish and marijuana are so-called “soft drugs”, for which higher limits apply in principle. Ecstasy, amphetamine and methamphetamine are “medium” drugs. Cocaine and heroin, on the other hand, are considered “hard” drugs, for which even small amounts can lead to heavy criminal sanctions.
The BtMG prohibits a range of activities involving controlled substances, including production, trafficking, distribution, possession, and consumption outside of authorised contexts. Offences related to drug trafficking, in particular, are subject to severe penalties under the law.
The enforcement of drug laws in Germany falls under the jurisdiction of law enforcement agencies at both the federal and state levels. These agencies are responsible for investigating drug-related crimes, apprehending offenders, and collaborating with prosecutors to bring cases to trial. In addition to criminal penalties, individuals found guilty of drug offences may also face administrative sanctions, such as the revocation of professional licenses, driver’s licenses, or other privileges. Drug offences are met with varying degrees of penalties depending on factors such as the type and quantity of the substance involved, the nature of the offence, and the individual’s criminal history. Penalties may include fines, imprisonment, or both, with sentences ranging from months to years depending on the severity of the offence.
Drug Defense Lawyer explains: What is Considered a Drug Offence in Germany?
According to German legislation, many acts, along with actual drug use, are also considered criminal offences. In Germany, drug offences encompass a wide range of activities related to the production, trafficking, distribution, possession, and consumption of controlled substances. Understanding what constitutes a drug offence is crucial for individuals to navigate the legal landscape and for legal professionals to provide effective representation. The quantity of narcotics and the circumstances of the case are decisive in determining the penalties imposed.
Many people are not aware that the mere intention of drug trafficking in Germany is punishable as soon as criminal activity has started. Therefore, if a sale of drugs ultimately fails, criminal liability does not cease based on the claim that the narcotics were not actually sold.
The Quantities Relevant under German Criminal Law
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 punishable by 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 within the limits of the “small amount” and the “significant amount” for each respective narcotic. 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 “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% and 30% within marijuana.
The quantities of narcotics relevant under German criminal law play a pivotal role in determining the legal consequences of drug-related offences. By adhering to the thresholds established in the Narcotics Act and understanding the implications of their actions, individuals can face the German legal system more effectively. At Schlun & Elseven Rechtsanwälte, our drug defense lawyers are well-versed in these thresholds to provide informed advice and advocacy to clients facing drug-related charges.
Caught with Drugs in Germany: How to Respond and why a drug defense lawyer is important
If you are caught with drugs in Germany, it’s essential to approach the situation carefully and follow appropriate steps to protect your rights and legal interests. A wrong move can prove to be detrimental to your case.
Therefore, firstly, make sure to stay calm and composed. Cooperate with law enforcement officers without answering their questions or providing unnecessary information. Exercise your rights, including your right to remain silent, to avoid incriminating yourself while under duress. Avoid making any statements that could be interpreted as admitting guilt. You have a right to work with a legal professional, and it is crucial to exercise that right at this time.
If the police want to search your premises or place of residence, they will need a warrant in most situations. Law enforcement generally needs a valid reason or a warrant to search a person’s belongings, property, or vehicle. Consulting with a legal professional is strongly advised at this point so that they can advise you on your rights in this scenario. It also ensures that the authorities will act following the law once they know you are serious about having legal representation on your side.
While you should cooperate with law enforcement to the extent required by law, you do not have to provide self-incriminating information. If asked for information, provide only the necessary details, such as your name, address, and identification. Do not elaborate on other matters, and do not provide additional information that they can raise later. Remember, statements made without legal advice can be used against you. Although it is stressful, it is essential to note what is happening. Document everything that occurs during the encounter, including the names of officers, times, locations, and any conversations that you have. This information can be valuable when creating your defense strategy. Should the law enforcement authorities have acted in a non-legally compliant manner when gaining information that can prove highly beneficial to your defense.
Once our professionals start working with you, they will examine the evidence, the circumstances of the arrest, and the situation more generally, and any potential violations of rights to develop a defense strategy tailored to you. They will then outline your rights in the case and guide you through the legal proceedings, including court appearances, legal strategy, and potential plea negotiations. Our criminal defense lawyers are widely experienced in defending those in this situation. Please do not hesitate to contact us in times of difficulty.
Investigations in the Field of Drug Offences in Germany
Investigations in the field of drug offences in Germany involve a broad spectrum of measures, often accompanied by significant impairments of the rights of the accused. Secret measures, of which the person concerned is not informed, are particularly intrusive. At Schlun & Elseven Rechtsanwälte, we recognise the gravity of such matters and offer comprehensive legal defense services to clients facing drug-related allegations. Our firm leverages experience and expertise to ensure robust legal representation at every stage of the process.
Apartment and house searches can result in rights violations. For an accused person, it is advantageous to be familiar with criminal proceedings or to have a legal representative who understands the legal status in Germany. Checking the legality of investigative measures and objecting to unlawful actions are essential tasks of the defense. Our attorneys are skilled at challenging the legality of searches and seizures, scrutinising the evidence, and contesting witness testimony to weaken the prosecution’s case.
Online searches and investigations play a crucial role in the context of drug trafficking and narcotics. Law enforcement agencies utilise advanced online tools to track illegal activities, monitor communications, and gather evidence. This can include surveillance of online transactions, social media activities, and other digital footprints. At Schlun & Elseven Rechtsanwälte, we stay up to date on these digital investigative techniques and ensure our clients’ digital rights are protected. We scrutinise the legality of these online measures and challenge any evidence obtained unlawfully to safeguard our clients’ interests.
Our firm offers comprehensive representation in all aspects of drug offence investigations. We provide support during interviews with law enforcement, assist in gathering evidence to support our clients’ defense, and advocate for favourable outcomes during negotiations with prosecutors. The complexity of drug offences necessitates hiring an drug & narcotics defense lawyer early in the process. Our lawyer, Philipp Busse, a former public prosecutor, is highly trained in German narcotics law and is dedicated to assisting our clients through these challenging times.
Practice Group: Our German Criminal Defense Lawyers
Practice Group:
Our German Criminal Defense Lawyers
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