§ 29 Abs. 1 Nr. 3 BtMG
Drug offences
Defence under the BtMG and KCanG in AachenA check at the border, a house search, a monitored phone call: allegations under the Narcotics Act arise in many ways. Karolin Hagemann de Grzymala, LL.M., examines what the investigators can actually prove, from the quantity to the laboratory analysis of the active substance.
A check. A find.Now your defence counts.
Quantity, active substance, purpose: that is what matters.
As a lawyer for drug offences in Aachen, Karolin Hagemann de Grzymala, LL.M., defends people accused of possessing, acquiring, importing or dealing in drugs. Aachen lies right on the border with the Netherlands and Belgium, so importing drugs is a frequent allegation here. Taking drugs is not in itself a criminal offence. Acquiring, possessing and passing them on, however, are.
Typical allegations under the Narcotics Act
The Narcotics Act (Betäubungsmittelgesetz, BtMG) applies to drugs such as cocaine, amphetamine, ecstasy and heroin. Typical allegations are:
§ 29 Abs. 1 Nr. 1 BtMG
Acquisition, import and dealing
§ 29a Abs. 1 Nr. 2 BtMG
Dealing in, supplying or possessing a significant quantity
§ 29a Abs. 1 Nr. 1 BtMG
Supply to minors by adults over 21
§ 30 Abs. 1 Nr. 4 BtMG
Import of a significant quantity
§§ 30, 30a BtMG
Dealing as a member of a gang
§ 30a Abs. 2 Nr. 2 BtMG
Dealing in a significant quantity while carrying a weapon
Good to know
The possible sentences vary widely. For simple possession, the law provides for a fine or imprisonment of up to five years. If a significant quantity is involved, the minimum sentence is one year, and two years for importing such a quantity. Lower ranges apply to less serious cases. Where an allegation ends up often depends on details: the quantity, the active substance content and the question of what the drugs were intended for.
Cannabis since 1 April 2024
Since 1 April 2024, cannabis has been governed by the Consumer Cannabis Act (Konsumcannabisgesetz, KCanG). Since then, cannabis is no longer a narcotic under the BtMG. That does not mean everything is allowed:
§ 3 KCanG
Adults may carry up to 25 grams in public and keep up to 50 grams and three live plants at home.
§ 34 Abs. 1 Nr. 1 KCanG
Possessing more than 30 grams in public or more than 60 grams in total is a criminal offence
§ 36 KCanG
Quantities between the permitted and the criminal limits are a regulatory offence (Ordnungswidrigkeit)
§ 34 Abs. 1 KCanG
Dealing, supplying to others and growing more than three plants remain criminal offences
§ 34 Abs. 1 Nr. 5 KCanG
Importing is also a criminal offence, and there is no permitted quantity for it
Good to know
For Aachen, the last point is especially important. Anyone who brings cannabis from the Netherlands or Belgium is importing it into Germany. If the quantity is small and for personal use, the public prosecutor’s office may decide not to prosecute (§ 35a KCanG). It is not obliged to do so.
For larger quantities, the active substance is what counts. Even under the new law, the Federal Court of Justice (Bundesgerichtshof) puts the significant quantity of cannabis at 7.5 grams of THC. If it is exceeded, this is usually an especially serious case, with imprisonment from three months to five years (§ 34 Abs. 3 KCanG).
If you were convicted of a cannabis offence in the past, you can apply to have the conviction removed from the Federal Central Criminal Register (Bundeszentralregister) if the act is no longer an offence today or is only dealt with as a regulatory offence. Whether this applies is determined by the public prosecutor’s office on application (§§ 40, 41 KCanG).
Call directly
+49 163 8461632You speak to the lawyer in person. Professional confidentiality applies from the first call.
The significant quantity and the laboratory report
Whether a quantity counts as “significant” (nicht geringe Menge) depends on the active substance, not on the weight. For each drug, the Federal Court of Justice has set a threshold, measured in grams of pure active substance. A large quantity of heavily cut drugs can fall below it, and a smaller quantity of pure drugs can exceed it.
The active substance content is determined by a laboratory. We read every laboratory report (Wirkstoffgutachten) closely: was the right sample tested? Can the measurement be followed? Were quantities added together that do not belong together? If there is no report, the court may not simply assume the active substance content but must estimate it cautiously.
Just as important is the question of what the drugs were intended for. If part of them was for your own use, that part does not count as dealing. It can still be a criminal offence, as possession.
What happens next
- 01
Check or search
The police seize drugs, mobile phones and cash. If you were driving, a blood test is often ordered. You do not have to make any statement at that moment.
- 02
Laboratory testing and analysis
The seized substances are tested for type and active substance content, and phones are analysed. This can take months.
- 03
Access to the file
We apply for access to the investigation file (Akteneinsicht). Only then is it clear what the allegation is based on: finds, witness statements, chat histories or monitored phone calls.
- 04
Talking to the public prosecutor
For small quantities for personal use, the prosecutor may decide not to prosecute (§ 31a BtMG, § 35a KCanG). In other cases, the proceedings may be discontinued subject to a condition (§ 153a StPO).
- 05
Penalty order or indictment
Depending on the allegation, a penalty order (Strafbefehl) or an indictment (Anklage) follows, before the regional court if the allegations are serious.
- 06
Trial
In court, the focus is not only on guilt but above all on the sentence. The active substance content, your personal circumstances and any therapy you have started all count here.
What you should do now
Remain silent, at a border check just as at the police station. Do not name anyone: no suppliers and no buyers. Do not give out your PIN and do not hand anything over voluntarily. Do not resist, but object to the search. Do not write about the case on messaging apps. Call us: +49 163 8461632. For what matters in the first few minutes, see what to do in an emergency.
Therapy instead of punishment
If you committed an offence because of a drug addiction, you may in some circumstances be able to go into therapy instead of prison. The law provides two ways of doing this:
§ 37 BtMG
Before charges are brought: the public prosecutor’s office can provisionally refrain from bringing charges if you undergo treatment and can expect a prison sentence of no more than two years.
§ 35 BtMG
After the judgment: enforcement of a prison sentence, or of the remainder of a sentence, of no more than two years can be deferred for therapy.
Good to know
Time spent in a state-recognised facility counts towards the sentence until two thirds of it have been served (§ 36 BtMG). The condition is that the addiction has been established, ideally in the written reasons for the judgment. That is why the question of therapy belongs early in the proceedings, not at the end. These rules apply equally to an addiction to cannabis (§ 39 KCanG).
How we defend you
Karolin Hagemann de Grzymala, LL.M., certified specialist lawyer for criminal law in Aachen
Everything starts with the file. We check whether the search was lawfully ordered, whether phone monitoring met the legal requirements and whether data from chats or encrypted phones may be used. Mistakes in gathering evidence can mean that the evidence may not be used (Verwertungsverbot). After that, it comes down to quantity, active substance and personal use. In Aachen, there is also often the question of whether an import can be proved at all, or only possession in Germany.
Helping the investigation
Anyone who helps the investigators to uncover other offences (Aufklärungshilfe) can receive a more lenient sentence. For sentences of up to three years, the court can even refrain from imposing a penalty (§ 31 BtMG). The information must be given before the court decides to open the main proceedings (§ 46b Abs. 3 StGB). This route carries risks, including for your safety. Do not decide on it until your defence lawyer knows the complete file.
Karolin Hagemann de Grzymala, LL.M., is a certified specialist lawyer for criminal law (Fachanwältin für Strafrecht) and defends clients in Aachen. She remains your point of contact from the first call to the judgment. The language of the consultation is agreed at first contact, and a sworn interpreter can be involved if needed. If you live outside Germany, our guide for people arrested in Germany explains the first steps. If the drugs were ordered online, also read the page on cybercrime. If the case also involves bodily harm or theft, see the page on general criminal law.
Consequences for your driving licence
Alongside the criminal case, there is often a second procedure before the driving licence authority (Fahrerlaubnisbehörde). It does not depend on the outcome of the criminal case. The police and the judicial authorities can pass on information about drug use to the authority, even if you were not driving at all.
With hard drugs, proof that you took them even once can be enough for the authority to revoke your driving licence.
§ 24a Abs. 1a StVG
Driving with 3.5 ng/ml of THC or more in the blood serum is a regulatory offence
§ 24a Abs. 2a StVG
If alcohol is involved as well, you face a higher fine
§ 24c StVG
During the probationary period and before your 21st birthday, cannabis at the wheel is banned completely
§ 316 StGB
Driving when drugs mean you can no longer drive safely is a criminal offence
Good to know
The authority can also order a medical and psychological assessment (MPU). We align the defence in the criminal case with this, so that you say nothing there that could later harm you when it comes to your licence. You can arrange a first consultation by phone or via the contact page.
Drug cases in Aachen
Whether a case is heard by the local court or the regional court depends mainly on the quantity and the allegation.
Aachen
In the Aachen border region, cases often concern imports from the Netherlands. Checks are carried out by the police and customs, and the cases are handled by the Public Prosecutor’s Office Aachen.
Criminal defence lawyer in AachenOther practice areas
Defence for individuals and companies, from penalty orders to extradition proceedings.
Frequently asked questions
Short answers to questions about drugs, cannabis and driving licences that often come up in a first consultation.
CannabisHow much cannabis am I allowed to possess?
As an adult, up to 25 grams in public and up to 50 grams and three live plants at home (§ 3 KCanG). More than 30 grams in public or more than 60 grams in total is a criminal offence. In between, you face a fine.
ImportCan I bring cannabis back from the Netherlands?
No. Importing cannabis into Germany is a criminal offence, even in small quantities (§ 34 Abs. 1 Nr. 5 KCanG). If the quantity is small and for personal use, the public prosecutor’s office may decide not to prosecute (§ 35a KCanG). You have no right to this.
QuantityWhat is a “significant quantity”?
It is a threshold for the pure active substance that the Federal Court of Justice has set for each drug. For cannabis, it is 7.5 grams of THC. If it is exceeded, much higher sentencing ranges apply. Only the laboratory report shows whether that is the case.
DiscontinuationWill the case be dropped if the quantity is small?
That is possible, but not guaranteed. If the quantity is small and for personal use, the public prosecutor’s office may decide not to prosecute (§ 31a BtMG). This is less likely for repeat offences or if others are put at risk, such as young people. The decision is made case by case.
Driving licenceWill I lose my driving licence because of a drug case?
That can happen, even if you were not driving. The driving licence authority assesses your fitness to drive independently of the criminal case. With hard drugs, taking them once can be enough. So do not say anything about your drug use either before we know the file.