The placing on the market of illicit drugs is also a criminal offence. This is the case, for example, when narcotics are imported into Germany from across borders. In possession of other illicit drugs, the upper limit of a small amount is much lower, again, there is usually no fee. Nevertheless, it should not be forgotten that, as already mentioned, the type of drug, the location of the crime and the circumstances of the crime also play a role, so that an indictment cannot be excluded with certainty, even in possession of a small amount. “No power for drugs!” – this is what the Narcotics Act (BtMG) guarantees in Germany. The law essentially regulates the handling of all drugs and especially potent drugs. In doing so, it determines not only which active substances fall within that special legal treatment. On the contrary, the Narcotic Control Act also regulates penalties that threaten illegal possession and trafficking of corresponding substances. Can one be punished for the consumption of narcotics and illegal drugs in Germany? No! However, all other activities related to the use of illegal substances are punishable. This is regulated by the Narcotics Act (BtMG). What applies in detail, we clarify in this article.
Thus, possession of narcotics and illegal drugs is punishable on its own. In addition, a penalty for the acquisition of the substance may be considered. This can happen, for example, by purchasing or accepting a drug offered. Even those who obtain the narcotics “in any other way”, such as by stealing them or even keeping the drugs found only for themselves, are liable to prosecution under BtMG. While in the case of drugs such as cocaine or heroin, almost no one would think that possession of these substances could be legal, the legal assessment of cannabis is often misjudged. The famous “Cannabis judgment” of the Federal Constitutional Court of 1994 may have contributed to this. The question was whether there was a right to intoxication. The court answered in the negative. Nevertheless, it has given cannabis users some leeway. If it is a small amount of cannabis intended solely for personal use, do not prosecute. The basis is Article 31a of the Narcotics Act, which specifies the preconditions for the termination of proceedings. However, the assumption that any possession of small amounts of cannabis is now legal is false.
But what is a narcotic in the sense of BtMG? What are the distinctions made between the different substances? And what are the penalties for illegal possession? We clarify these and other questions in the following guide. The Internet is full of dubious offers to legal highs. These supposedly legal intoxicants are harmless, but in reality, they hide potentially life-threatening substances. What are legal highs? Are they really allowed? The answers to these questions can be found here! In summary, it can be said that drug use is generally not punishable. Rather, BtMG is intended to prosecute illegal possession of and trade in the corresponding substances. But what is the threat of illegal acts and what specific punishment is contemplated if possession or trafficking of illicit drugs is discovered? In addition to others, two criteria are decisive for the assessment of the sentence: However, consumption without possession of such substances is hardly possible – anyone who takes illegal drugs should therefore expect punishment. Possession, trafficking and production of illegal drugs are punishable by up to five years` imprisonment or a fine under German law. The cultivation, possession, trade and placing on the market of illegal substances as well as other offences under the Narcotics Act (BtMG) are punishable in Germany.
The term “illicit drugs” speaks for itself. The handling of these substances is prohibited. However, the illegality and the resulting risks of criminal prosecution are often underestimated or simply ignored by consumers. Studies conducted within the framework of techno parties, for example, conclude that illegality plays virtually no role in assessing the risk potential of drugs. At most, they worry about the mafia environment that users enter when they buy drugs. That the use of narcotics and illicit drugs is always punishable is a myth. In fact, however, it is difficult not to expose oneself to prosecution in another form when consuming. Therefore, it is important to contact an experienced defense attorney immediately if you or your loved ones are facing an investigation.
Do not hesitate to contact us. Thanks to our many years of experience in criminal law, especially in criminal drug law, we develop the ideal strategy for your case and can often avoid a sanction by the right argument for simple consumption. The law governing this issue is the BtMG. Sentence 3 of article 29, paragraph 1, provides: “Anyone who possesses narcotic drugs without at the same time being in possession of a written authorization for acquisition shall be punished by imprisonment for a term of up to five years or a fine.” Therefore, any possession of drugs is illegal. In certain circumstances, the law also allows drug abuse not to be prosecuted. “If the guilt of the offender can be considered low, if there is no public interest in prosecuting and if the offender possesses the narcotics only for his own use in small quantities”, the Public Prosecutor`s Office may refrain from prosecuting or the court may terminate it at any time with the consent of the parties concerned. `For the purposes of this Law, narcotic drugs are the substances and preparations listed in Schedules I to III.` (§ 1 para. 1 BtMG) The Youth Protection Act serves to protect children and adolescents in public and in the use of the media, so that they can grow up healthy. Compensation according to the StrEG – concealment of exculpatory circumstances The BtMG has a wide range of possible sanctions. These range from a fine to several years in prison. The sentence depends in particular on the type of drug and the quantity in possession. You can read more about this here.
Long-term observation – recognition of chance – ease of use In this context, however, it is problematic that there are no legally defined quantities for the representation of a “small quantity”. In some parts of Germany, the courts do not even consider small quantities as a small amount, so the consumer should expect a penalty. Of course, consumption also carries risks and should – if necessary – be done with caution. Because possession of cannabis in negligible quantities is always punishable. Paragraph 31a describes only an exceptional case that may result in the termination of the proceedings. However, this is not necessarily the case. Only cannabis use is not punishable, everything else is. Indeed, the Narcotic Control Act does not prohibit consumption, but cultivation, production, trade, import, export, distribution, sale, placing on the market or any other acquisition. Those who give cannabis to others, i.e. who give it, without getting anything in return, are also entering legally sensitive territory. This could be the case, for example, when consuming with others, when the joint goes around and is transmitted from one person to another.
For the legal assessment, the exact circumstances of each individual case are certainly decisive. In principle, however, smokers of joints should be aware that the delivery of small quantities is punishable. And in any case, the procedure is not abandoned if adults over the age of 21 supply cannabis to minors, that is, minors under the age of 18. Then threatens a prison sentence of at least one year. The penultimate movement. prevention instead of prevention 🙂 Even a “small amount” is punishable under BtMG. In this case, however, it is possible that the court will refrain from imposing a sentence or that the prosecution will initiate proceedings. Instead of the law, case law has again invented a definition of the term. Thus, a small amount must be measured on the basis of a non-dependent consumer and refers to the “instantaneous or daily need, which reaches up to three consumption units”. As already mentioned, it is indeed punishable. Otherwise, virtually all drug-related acts are prohibited, so it can be difficult to escape punishment in individual cases.
In principle, the Narcotics Act does not provide for a penalty for pure consumption. However, use usually also requires possession of drugs, which in turn is punished. Health consequences must also be taken into account. In addition, of course, sanctions threaten if, for example, you drive under the influence of drugs. Young people who drink alcohol, smoke cigarettes, smoke weed or even use hard drugs put their health at risk in dangerous ways. Today, every child soon knows this, and on every pack of cigarettes is written in large letters: Smoking is deadly.