The Narcotics Criminal Law regulates when dealing with drugs is punishable under the Narcotics Act (BtMG), from possession to trafficking, cultivation, and production. We examine for you whether the accusation is legally sound, whether a search or seizure was lawful, and whether a discontinuation of proceedings is possible. Our law firms in Stuttgart and Konstanz provide defense nationwide and, where necessary, internationally.
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The Narcotics Criminal Law governs when the handling of drugs is punishable under the Narcotics Act (BtMG). It encompasses possession, acquisition, cultivation, production, and trafficking of substances listed in Schedules I to III of the Act, such as heroin, cocaine, amphetamine, and synthetic opioids. Anyone who handles these substances without official permission is generally liable to prosecution (§ 29 BtMG).
Since April 1, 2024, a special rule applies to recreational cannabis: the handling of cannabis for consumption is no longer regulated by the BtMG but by the independent Cannabis for Consumption Act (KCanG), which has its own criminal offense definitions and sentencing ranges. Cannabis for medical purposes, however, remains covered by narcotics law (§ 76a StGB). The severity of the penalty under the BtMG depends on the nature of the act, the quantity, and the active ingredient content, not solely on the accusation itself.
Five forms of action are central to investigations: possession, acquisition, cultivation, production, and trafficking of narcotics within the meaning of the BtMG, i.e., substances other than cannabis. Possession alone, such as a small quantity for personal consumption, is judged more leniently than trafficking. According to the Federal Court of Justice’s jurisprudence, trafficking already exists if someone seriously negotiates, makes an offer, or organizes a delivery; an actual sale is not necessary for this (BGH 1 StR 106/24). Cultivation and production, such as synthesizing amphetamine or cultivating poppies for opium extraction, also fall under § 29 BtMG (§ 29 BtMG). The specific act involved often determines the severity of the penalty and whether a discontinuation of proceedings is even possible.
The basic offense under § 29 (1) BtMG provides for imprisonment of up to five years or a monetary fine, for instance, for unauthorized possession, acquisition, or trafficking without further qualification (§ 29 BtMG).
The framework is significantly tightened from a “non-negligible quantity”. § 29a (1) BtMG then threatens imprisonment of not less than one year – an unspecified sentencing range that extends to the general maximum of fifteen years; in less severe cases, three months to five years apply (§ 29a BtMG). Organized cultivation, production, or trafficking is punishable under § 30 (1) No. 1 BtMG with imprisonment of not less than two years (§ 30 BtMG).
If a non-negligible quantity and organized trafficking coincide, or if the perpetrator carries a firearm or another object suitable and intended for injuring persons during trafficking, import, export, or procurement of a non-negligible quantity, the strictest level under § 30a BtMG applies, with a minimum penalty of five years (§ 30a BtMG); here, too, the range extends up to fifteen years.
The exact threshold for a “non-insignificant quantity” is determined by case law for each substance individually. The Federal Court of Justice has developed fixed active ingredient quantities for this:
| Substance | Threshold “non-insignificant quantity” | BGH Decision |
|---|---|---|
| Heroin | 1.5 g heroin hydrochloride | BGHSt 32, 162 (BGH 1 StR 181/19) |
| Cocaine | 5 g cocaine hydrochloride | BGHSt 33, 133 (BGH 2 StR 685/84) |
| Amphetamine | 10 g amphetamine base | BGHSt 33, 169 (BGH 1 StR 507/84) |
| Methamphetamine (“Crystal”) | 5 g methamphetamine base (pure (2S)-enantiomer) | BGHSt 53, 89 (BGH 3 StR 315/10) |
| MDMA (“Ecstasy”) | 30 g MDMA base | BGHSt 42, 255; BGH 3 StR 21/01 |
| Smoking Opium | 16 g morphine base (only for opium intended for smoking without caffeine additive) | BGH 2 StR 132/25; BGH– 4 StR 430/25) |
| LSD | 6 mg | BGHSt 35, 43 (BGH 1 StR 191/87) |
For cannabis, the legal situation has been independently regulated since 2024: even under the KCanG, the threshold for a non-negligible quantity remains unchanged at 7.5 grams of THC (BGH 2 StR 384/24) (BGH 4 StR 50/24) – more on this in the section on cannabis and new psychoactive substances below.
Since April 1, 2024, cannabis for consumption is no longer punishable as a narcotic under the BtMG. Handling cannabis for consumption is instead separately regulated under the Cannabis for Consumption Act (KCanG), which has its own criminal offense and its own penalty framework (Article 1 CanG).
The basic offense under § 34 (1) KCanG extends to three years imprisonment or a monetary fine, for example, for possession exceeding the permitted limits: more than 30 grams of dried cannabis outside the residence or habitual abode, a total of more than 60 grams, more than three living cannabis plants, or the acquisition of more than 25 grams per day or 50 grams per calendar month (§ 34 KCanG). Particularly severe cases under § 34 (3) KCanG range from three months to five years, for example, in commercial trafficking or – as a standard example – if the act relates to a non-negligible quantity (§ 34 KCanG). The Federal Court of Justice has set this limit for the KCanG at 7.5 grams of THC, explicitly continuing the previous threshold of the BtMG unchanged (BGH, decisions of April 18, 2024 – 1 StR 106/24 – and April 23, 2024 – 5 StR 153/24) (BGH 2 StR 384/24) (BGH 4 StR 50/24). If organized trafficking or carrying a firearm is added to a non-negligible quantity, the minimum penalty under § 34 (4) KCanG is two years (§ 34 KCanG).
For new psychoactive substances that fall neither under the BtMG nor the KCanG, such as certain synthetic cannabinoids, the New Psychoactive Substances Act (NpSG) with its own sentencing framework has applied since 2016. Which of the three laws applies in an individual case often determines the severity of the penalty. We therefore clarify this distinction before any further statement is made to the police or public prosecutor’s office.
In narcotics criminal law, you are represented by the criminal defense attorneys of our firm, matched to the scope and specific features of your case. Five certified specialist attorneys for criminal law and three additional criminal defense attorneys cover this area of law together:
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Whether a search was lawful, whether the quantity was correctly calculated, and whether a dismissal under § 31a BtMG is realistic is often decided in the first few days after the summons. A specialist lawyer for criminal law knows the thresholds, checks the investigation file for errors, and speaks with the public prosecutor’s office before an indictment is even filed. Those who react too late lose precisely this window of opportunity.
Who this is important for: anyone who has received a summons as a suspect, a search, or a complaint regarding a BtMG accusation, regardless of whether it concerns a small quantity for personal use or an accusation of trafficking. The effort for you is minimal at the beginning: a phone call or a short message to our law firm is enough for us to request the investigation file and keep an eye on the initial deadlines, even before you have to do anything yourself. We discuss the initial assessment of the chances of success in your case in a personal meeting; the costs of a mandate depend on the effort and scope of the proceedings and are stated openly in advance, not just on the invoice.
Are you looking for a specialist lawyer in narcotics criminal law?
Following a search, a summons as a defendant, or a report involving an allegation under the BtMG or KCanG, every day often counts. The first step is straightforward: a phone call or a short message is sufficient. We then immediately examine whether the measure was lawful, secure access to the case files, and speak with the public prosecutor’s office before a possible indictment. We state the costs openly in advance. Do not wait until you have already made statements to the police or the public prosecutor’s office.
Get answers to what matters to you
Remain calm and do not provide any information on the merits of the case. Request the presence of a lawyer immediately. Everything you say beforehand can be used against you later, whereas remaining silent cannot.
No. As an accused person, you have a right to remain silent. In most cases, it is advisable to exercise this right until a lawyer has reviewed the investigation file.
No. § 31a BtMG grants the public prosecutor’s office discretion; it is also required that the degree of guilt is to be regarded as minor (§ 31a BtMG). Prior convictions, the specific substance, and the quantity influence whether a discontinuation of proceedings actually occurs.
For smaller quantities and in the absence of prior convictions, a suspended sentence is frequent. There is no guarantee for this, as it depends on the individual case and the defense strategy.
Possession means that you have the substance on your person or under your control. Trafficking begins as early as a serious offer to sell, even without money or goods actually changing hands (BGH 1 StR 106/24).
Yes, fundamentally. Since April 1, 2024, recreational cannabis is no longer subject to the BtMG, but to the independent Cannabis for Consumption Act (KCanG) with its own penalty framework and quantity limits; cannabis for medical purposes, however, remains regulated under narcotics law (§ 76a StGB). For other drugs, the BtMG remains applicable without change.
