Drug offence law
Attempted purchase of narcotics, sect. 29 BtMG
Magic mushrooms ordered from the Netherlands: proceedings discontinued by the Koblenz public prosecutor's office
Our client had ordered mushrooms containing psilocybin from a Dutch online shop. The consignment was checked by customs and seized. In fact, the online shop looked more like a wellness product store than a Tor browser dark web business and even ran advertisements on Instagram. Our client did not even suspect that these were substances that are illegal under the German Narcotics Act (BtMG): she simply acted without intent.
As the quantity seized was in fact only 16 grams, no expert report on the active substance was obtained. The public prosecutor's office initially assumed a "normal" quantity. The defence therefore contacted the online shop and enquired about the average active substance content, and as it turned out, the result was well below the threshold for a "geringe Menge" (small quantity, up to 0.042 grams).
Provisions: § 29 BtMG
The proceedings described here have been concluded. The outcome of any case always depends on its individual circumstances.