Drug offence law
23 kg of cannabis on entry at Hamburg Airport, suspended sentence instead of prison
Suspended sentence and revocation of the arrest warrant
Our client, a US citizen, was arrested on entry at Hamburg Airport with around 23 kilograms of cannabis in her luggage. After the expert report on the active substance had been prepared, it turned out that the relevant quantity of active substance was 5 grams of pure THC, a multiple of the "nicht geringe Menge" (not insignificant quantity) within the meaning of sect. 34 (3) KCanG (German Cannabis Act).
Nevertheless, through intensive exchange between the defence, the public prosecutor's office and the client, it was possible to have the charges brought before a single judge rather than before the Schöffengericht (lay judges' court). This limited the sentencing power to two years' imprisonment, a strategically important step that opened the way to a suspended sentence.
The primary aim in the main hearing was the release of our client, who wanted to return home as quickly as possible. After intensive discussion and a partial confession, a suspended sentence was indicated in advance, and that was the outcome finally reached.
The court imposed a prison sentence of two years, suspended its enforcement on probation and revoked the arrest warrant immediately.
Our client was able to fly home the following day.
Provisions: § 34 Abs. 3 KCanG
The proceedings described here have been concluded. The outcome of any case always depends on its individual circumstances.