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Narcotics offences and drug trafficking make up a substantial part of the criminal proceedings pending in Germany today, and the sentences imposed in this area of law are usually severe. Once a narcotics offence has been entered into the criminal record, it often has harsh consequences for the person concerned. These are particularly evident in professional life : people with a criminal record are severely restricted in their choice of profession and job search. A previous drug conviction also impacts applying for visas or residence permits. Even though the German Narcotics Act BtMG specifies simple basic formulas for narcotics offences, this fact should not obscure that each offence consists of several complex elements. Thus, a sound knowledge of substantive German criminal law is regularly necessary to assess the individual case correctly. Our criminal law team comprises experienced criminal defence lawyers , including former public prosecutors. Our expertise and years of experience ensure the best possible results for our clients. Please do not hesitate to contact us today to benefit from our knowledge and commitment. Google Rating Based on reviews. Bail in Germany. Checking criminal records. Criminal trials in Germany. German criminal law procedure. House searches. Plea bargaining. Pre-trial detention. Administrative law. Money laundering legal defence. This law serves as the cornerstone of the legal framework governing the production, distribution, possession, and use of such substances. The BtMG establishes a comprehensive set of regulations aimed at combating drug-related crimes while seeking to balance public health concerns and individual rights. They include hashish, marijuana, amphetamines, methamphetamines, cocaine, heroin, ecstasy and LSD. The narcotics law differentiates between the various narcotics and the corresponding quantities concerning the criminal consequences. The BtMG prohibits a range of activities involving controlled substances, including production, trafficking, distribution, possession, and consumption outside of authorised contexts. Offences related to drug trafficking, in particular, are subject to severe penalties under the law. The enforcement of drug laws in Germany falls under the jurisdiction of law enforcement agencies at both the federal and state levels. These agencies are responsible for investigating drug-related crimes, apprehending offenders, and collaborating with prosecutors to bring cases to trial. Penalties may include fines, imprisonment, or both, with sentences ranging from months to years depending on the severity of the offence. In response to emerging trends and challenges in drug trafficking and substance abuse, the German government is responsible for reviewing and updating the Narcotics Act to ensure its effectiveness and relevance. Recent legislative developments may include amendments to penalty provisions, adjustments to scheduling criteria for new substances, or the introduction of measures to address emerging drug trends, such as the rise of synthetic drugs and the legalisation of substances such as cannabis. According to German legislation, many acts, along with actual drug use, are also considered criminal offences. In Germany, drug offences encompass a wide range of activities related to the production, trafficking, distribution, possession, and consumption of controlled substances. Understanding what constitutes a drug offence is crucial for individuals to navigate the legal landscape and for legal professionals to provide effective representation. The quantity of narcotics and the circumstances of the individual case are decisive for the penalties imposed. Many people are not aware that the mere intention of drug trafficking in Germany is punishable as soon as criminal activity has been started. Therefore, if a sale of drugs ultimately fails, criminal liability does not cease based on the claim that the narcotics were not actually sold. The definition of a drug offence in Germany encompasses a broad spectrum of activities related to controlled substances, ranging from possession and trafficking to manufacturing and distribution. By delineating these actions, individuals can better understand the legal boundaries surrounding drug-related conduct, while legal professionals can provide informed guidance and advocacy to those facing drug-related charges. In many cases, a small amount may lead to a discontinuation of the proceedings. The significant amount is set at units of consumption. The legal assessment is always linked to the net weight of the substance that promotes intoxication. In this respect, the THC tetrahydrocannabinol content is what counts. The quantities of narcotics relevant under German criminal law play a pivotal role in determining the legal consequences of drug-related offences. By adhering to the thresholds established in the Narcotics Act and understanding the implications of their actions, individuals can face the German legal system more effectively. A wrong move can prove to be detrimental to your case. Therefore, firstly, make sure to stay calm and composed. Cooperate with law enforcement officers without answering their questions or providing unnecessary information. Exercise your rights, including your right to remain silent to avoid incriminating yourself while under duress. Avoid making any statements that could be interpreted as admitting guilt. You have a right to work with a legal professional, and it is crucial to exercise that right at this time. If the police want to search your premises or place of residence , they will need a warrant in most situations. Consulting with a legal professional is strongly advised at this point so that they can advise you on your rights in this scenario. It also ensures that the authorities will act following the law once they know you are serious about having legal representation on your side. While you should cooperate with law enforcement to the extent required by law, you do not have to provide self-incriminating information. If asked for information, provide only the necessary details, such as your name, address, and identification. Do not elaborate on other matters, and do not provide additional information that they can bring up at a later stage. Remember, statements made without legal advice can be used against you. Although it is stressful, it is essential to note what is happening. Document everything that occurs during the encounter, including the names of officers, times, locations, and any conversations that you have. This information can be valuable when creating your defence strategy. Should the law enforcement authorities have acted in a non-legally compliant manner when gaining information, that can prove highly beneficial to your defence. Once our professionals start working with you, they will examine the evidence, the circumstances of the arrest and the situation more generally, and any potential violations of rights to develop a defence strategy tailored to you. They will then outline your rights in the case and guide you through the legal proceedings, including court appearances, legal strategy, and potential plea negotiations. Our criminal defence lawyers are widely experienced in defending those in this situation. Please do not hesitate to contact us in times of difficulty. As a rule, these offences are not considered significant enough to proceed in court. The different guidelines in the federal states lead to the fact that the authorities often exercise this leniency differently. This means that in German narcotics law, under certain conditions, the execution of a sentence can be postponed in favour of therapy. Whether this is possible in individual cases depends on the particular circumstances and the type of offence committed. In certain circumstances, prosecutors may opt to terminate proceedings with therapy instead of imprisonment, presenting an alternative legal pathway focused on rehabilitation rather than punitive measures. This provision allows for the possibility of ending proceedings if the accused agrees to undergo therapy or treatment for substance abuse or addiction. By choosing this route, authorities aim to address the underlying issues contributing to drug-related offences while promoting rehabilitation and reducing the likelihood of reoffending. Our team is prepared to negotiate with prosecutors on behalf of clients, advocating for termination with therapy and presenting mitigating factors to support their case. Investigations in the field of drug offences in Germany involve a broad spectrum of measures, often accompanied by significant impairments of the rights of the accused. Secret measures, of which the person concerned is not informed, are particularly intrusive. Our firm leverages experience and expertise to ensure robust legal representation at every stage of the process. Apartment and house searches frequently lead to rights violations. For an accused person, it is advantageous to be familiar with criminal proceedings or to have a legal representative who understands the legal status in Germany. Checking the legality of investigative measures and objecting to unlawful actions is an essential task of the defence. Online searches and investigations play a crucial role in the context of drug trafficking and narcotics. Law enforcement agencies utilise advanced online tools to track illegal activities, monitor communications, and gather evidence. This can include surveillance of online transactions, social media activities, and other digital footprints. Our firm offers comprehensive representation in all aspects of drug offence investigations. The complexity of drug offences necessitates hiring an expert defence lawyer early in the process. Our lawyer, Philipp Busse , a former public prosecutor, is highly trained in German narcotics law and is dedicated to assisting our clients through these challenging times. Please use our online form to outline your request to us. After receiving your request, we will make a brief initial assessment based on the facts described and provide you with a cost offer. You can then decide whether you would like to engage our services. You can use this mechanism to send us encrypted files and messages. The contents are encrypted with a password assigned by you, which you must send to us via a third channel. You can also send us the request directly via PGP. However, we recommend using our secure server for sending files. Mo — Fr: — 24h Contact: Email: info se-legal. Berlin , Potsdamer Platz Frankfurt , Hanauer Landstrasse B. Hamburg , Neuer Wall Drug Trafficking and Narcotics Offences in Germany. German Criminal Defence Lawyers. Our services. Our Services. Content show. How are Drug Offences regulated in Germany? What is Considered a Drug Offence in Germany? Caught with Drugs in Germany: How to Respond. Termination of the Proceedings, Therapy instead of Imprisonment. Investigations in the Field of Drug Offences in Germany. Contact us. Comprehensive review of evidence, including police reports and witness statements. Legal Representation and Defence Strategy Development. Negotiations with the prosecution Plea bargaining. Appeals and Post-Conviction Relief. Handling of appeals and seeking post-conviction relief. German Criminal Law Procedure. Police summons. Related Legal Services. Customs offences legal advice. Here, we delineate the various actions that are considered drug offences under German law. Possession: The mere possession of controlled substances without proper authorisation or medical prescription can constitute a drug offence. Drug Trafficking and Distribution: Engaging in the sale, transportation, import, export, or distribution of controlled substances can constitute a serious drug offence in Germany. Production and Manufacturing: Manufacturing or producing controlled substances, whether through chemical synthesis or cultivation of plants containing psychoactive compounds, can also be considered a drug offence. Financing Drug Offences: Providing financial support or resources to facilitate drug-related crimes, such as investing in drug trafficking operations or money laundering activities, is often also considered a drug offence. Drug-Related Conspiracy: Conspiring with others to commit drug offences, such as planning the distribution of controlled substances or coordinating trafficking activities, can constitute a drug offence under German law. Driving Under the Influence : Operating a vehicle while under the influence of drugs is a criminal offence in Germany. Individuals found driving under the influence of drugs may face legal penalties, including fines, license suspension, or imprisonment. Drug-Related Public Order Offences: Engaging in drug-related public order offences, such as public intoxication or causing disturbances while under the influence of drugs, may also constitute drug offences under certain circumstances. Practice Group: German Criminal Law. Online Form. Philip Busse. Julius Hagen. Thorsten Weckenbrock. Prof Dr. Peter Rackow. Of Counsel Freelance. Contact our Lawyers for German Criminal Law. Notice: JavaScript is required for this content. Conference Rooms.