Practice areas
Drug Offence Law
Possession, trafficking, importation: proceedings under the Narcotics Act depend heavily on the quantity and the content of the active ingredient. Since April 2024, the KCanG has applied to cannabis, with its own limits and consequences for past cases.
About Drug Offence Law
BtMG · KCanG
Scope of Practice
Sections 29 et seq. of the Narcotics Act (Betäubungsmittelgesetz, BtMG) criminalise the unauthorised handling of narcotics: possession, acquisition, trafficking, distribution, cultivation, and importation. The decisive factor is almost always the quantity, or more precisely: the quantity of the active ingredient. From a significant quantity (nicht geringe Menge) onwards, aggravated offences with minimum prison sentences apply, for example in cases of trafficking or importation.
Since 1 April 2024, cannabis has been removed from the BtMG and is now regulated by the Consumer Cannabis Act (Konsumcannabisgesetz, KCanG). Possession and cultivation are permitted for adults within narrow limits; beyond these, they remain criminal or subject to fines. The trafficking of cannabis remains a criminal offence. For convictions under the old law, the Act provides for the remission of sentences and re-sentencing under certain conditions.
Our Services
In drug offence proceedings, the defence is often in the details: in the calculation of active ingredients, in the legality of searches and surveillance, and in the distinction between possession and trafficking.
- Access to files and review of the expert reports on the active ingredient upon which the quantity calculation is based
- Monitoring whether searches, seizures, and surveillance measures were lawful
- Challenging the classification of the allegation, such as personal consumption instead of trafficking
- Detention review and detention appeals if pre-trial detention has been ordered
- Reviewing past cases under the KCanG and the possibility of 'therapy instead of punishment' under section 35 BtMG
Therapy Instead of Punishment
For dependent convicts, section 35 BtMG offers a specific path: the execution of a prison sentence or a remaining sentence of up to two years can be suspended if the offence was committed due to a narcotics addiction and therapy is commenced. The time spent in therapy can be credited towards the sentence.
Whether this path is available depends on the conviction, the availability of a therapy place, and cooperation. We check the requirements and prepare the application together with you and the therapy facility.
Arrested or questioned? Call us before you make a statement.
Frequently asked questions
What does 'significant quantity' (nicht geringe Menge) mean?
The courts establish limit values for every active ingredient; for cannabis, for example, it is 7.5 grams of THC. The decisive factor is not the total weight, but the quantity of the active ingredient as determined by an expert report. If the limit value is reached, significantly higher penalties apply. The expert reports are a central point of attack for the defence.
Cannabis is legal now, isn't it? Can I still be punished?
Yes. The KCanG only allows adults to possess limited quantities: up to 25 grams in public spaces, a total of 50 grams at their place of residence, and the home cultivation of up to three plants. Exceeding these limits is either an administrative offence or a criminal offence depending on the quantity. Trafficking remains criminal, and handling remains prohibited for minors.
I was convicted for cannabis before 2024. What applies now?
For acts that are no longer punishable under the new law, the Act provides for the remission of sentences that have not yet been served and, in mixed cases, for re-sentencing. Furthermore, the deletion of entries in the Federal Central Criminal Register (Bundeszentralregister) may be considered. We check whether your case is covered based on the judgement.
I am addicted. Does this play a role in the proceedings?
Yes, in several ways. Addiction can be taken into account during sentencing and, after a conviction, opens the way via section 35 BtMG to suspend execution in favour of therapy. It is important to document the addiction early on.
This information is general in nature and does not replace advice on an individual case.
From our cases
In the guide
Explanations of the questions that arise at the start of a case.
Further practice areas
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