BtMG legal areas | Drug law
The acquisition of narcotics without a corresponding permit is a criminal offense according to Section 29 of the Narcotics Act (BtMG). If there is no written authorization to acquire the substances in question, possession alone is a criminal offense – even if the purpose is solely for personal consumption.
Many affected individuals fail to recognize this fact. While prosecution may be waived for small quantities, there is no entitlement to it. It is merely a discretionary decision by the law enforcement authorities. To maximize this opportunity, a lawyer experienced in narcotics law should be consulted early on.
Many affected individuals fail to recognize this fact. While prosecution may be waived for small quantities, there is no entitlement to it. It is merely a discretionary decision by the law enforcement authorities. To maximize this opportunity, a lawyer experienced in narcotics law should be consulted early on.
The term "import" is not explicitly defined in the Narcotics Act. However, Section 2 Paragraph 2 of the Narcotics Act clarifies that import or export also includes any other transfer of a narcotic into or out of the territory covered by the Act.
Accordingly, the offense of import is already committed if a narcotic enters the federal territory from abroad across the German border through a deliberate act.
It is irrelevant by which means of transport or by whom this occurs – whether by self-transport, by commissioned third parties, or by mail. It is also legally irrelevant whether the import takes place by land, air, or sea.
It is irrelevant by which means of transport or by whom this occurs – whether by self-transport, by commissioned third parties, or by mail. It is also legally irrelevant whether the import takes place by land, air, or sea.
The so-called "Measures of Improvement and Security" are not part of the Narcotics Act (BtMG), but are anchored in general criminal law, specifically in Sections 61 et seq. of the Criminal Code (StGB). They represent an independent system of sanctions that is used in addition to traditional punishment. The aim of these measures is to prevent future crimes when, in the court's view, a mere punishment is insufficient to effectively protect the public or to positively influence the offender.
These measures are used particularly when special circumstances exist that make a punishment appear inadequate. This may be the case, for example, with mentally ill criminals who, due to their illness, are not legally responsible.
These measures are used particularly when special circumstances exist that make a punishment appear inadequate. This may be the case, for example, with mentally ill criminals who, due to their illness, are not legally responsible.
The criminal offense of dealing in narcotics is regulated in Section 29 of the Narcotics Act (BtMG) and is considered one of the most serious offenses under drug law. Even the mere suspicion of such behavior can result in serious legal consequences. In practice, public prosecutors often demand severe prison sentences in such cases – even for the first time.
Particularly problematic: The term "dealing" is interpreted very broadly in legal terms. In some cases, it may be sufficient for someone to repeatedly organize, broker, or even simply prepare the acquisition and distribution of drugs – an actual sale or financial gain is not necessarily required. This means that many victims find themselves accused of trafficking sooner than they realize. Anyone who comes under the scrutiny of the investigating authorities should therefore seek legal assistance early on to avoid serious consequences.
Particularly problematic: The term "dealing" is interpreted very broadly in legal terms. In some cases, it may be sufficient for someone to repeatedly organize, broker, or even simply prepare the acquisition and distribution of drugs – an actual sale or financial gain is not necessarily required. This means that many victims find themselves accused of trafficking sooner than they realize. Anyone who comes under the scrutiny of the investigating authorities should therefore seek legal assistance early on to avoid serious consequences.
In the area of drug law, the focus is not only on criminal punishment under the Narcotics Act (BtMG). Rather, there are also significant consequences that go beyond the actual sentence. Traffic law is particularly relevant in this context: According to Section 69 of the Criminal Code (StGB), the court can order the revocation of a driver's license in addition to the main penalty for certain drug offenses.
But it's not only the judiciary that can intervene. The responsible driver's license office – i.e., the administrative authority – also has extensive powers. It can act independently of the criminal proceedings and revoke a driver's license or order a medical-psychological examination (MPU) if there are indications of a drug problem. The mere possession or consumption of narcotics – even without a direct connection to road traffic – can be sufficient to cast doubt on a driver's fitness to drive.
But it's not only the judiciary that can intervene. The responsible driver's license office – i.e., the administrative authority – also has extensive powers. It can act independently of the criminal proceedings and revoke a driver's license or order a medical-psychological examination (MPU) if there are indications of a drug problem. The mere possession or consumption of narcotics – even without a direct connection to road traffic – can be sufficient to cast doubt on a driver's fitness to drive.
The Narcotics Act (BtMG) contains a so-called Crown Witness Regulation, which can be found in Section 31 of the BtMG.
This provision gives the competent court the option of mitigating punishment for drug-related offenses or, in certain cases, refraining from punishment altogether. The prerequisite for this is that the perpetrator has contributed significantly to the investigation of further crimes through his or her statements – in particular, to the identification of other parties involved or to the prevention of planned, serious drug-related offenses.
The regulation thus aims to facilitate the dismantling of criminal structures in the drug scene through the active participation of insiders and, at the same time, to create an incentive for cooperation with the investigative authorities.
This provision gives the competent court the option of mitigating punishment for drug-related offenses or, in certain cases, refraining from punishment altogether. The prerequisite for this is that the perpetrator has contributed significantly to the investigation of further crimes through his or her statements – in particular, to the identification of other parties involved or to the prevention of planned, serious drug-related offenses.
The regulation thus aims to facilitate the dismantling of criminal structures in the drug scene through the active participation of insiders and, at the same time, to create an incentive for cooperation with the investigative authorities.
The production and cultivation of narcotics are among the criminal offenses regulated in Section 29 of the Narcotics Act (BtMG). Accordingly, any form of production, processing, or cultivation of substances listed in the annexes to the BtMG is generally prohibited – unless there is express official permission. This applies, among other things, to the cultivation of cannabis plants as well as the production of synthetic drugs in laboratories.
What's particularly relevant is that criminal liability often begins at very early stages—for example, with the acquisition of seeds for cultivation or the mere preparation of chemical processes for synthesizing prohibited substances. However, many people are unaware of the comprehensive nature of the legal regulations and which specific actions can be considered criminal offenses. Even the attempt to manufacture or cultivate narcotics can be prosecuted.
What's particularly relevant is that criminal liability often begins at very early stages—for example, with the acquisition of seeds for cultivation or the mere preparation of chemical processes for synthesizing prohibited substances. However, many people are unaware of the comprehensive nature of the legal regulations and which specific actions can be considered criminal offenses. Even the attempt to manufacture or cultivate narcotics can be prosecuted.
In the area of drug law, under certain circumstances, it is possible not to immediately enforce a prison sentence but to replace it with a therapeutic measure. This special provision is enshrined in Section 35 of the Narcotics Act (BtMG). Accordingly, the execution of the sentence can be deferred if the crime is causally related to drug addiction. The prerequisite is that the addiction problem had a significant influence on the criminal behavior.
For those affected, this legal option represents a double opportunity: On the one hand, they can avoid imprisonment, and on the other, they have the opportunity to sustainably overcome their addiction through qualified detoxification or rehabilitation treatment. The goal is not only to avert the punishment but also to prevent future crimes through therapeutic interventions.
For those affected, this legal option represents a double opportunity: On the one hand, they can avoid imprisonment, and on the other, they have the opportunity to sustainably overcome their addiction through qualified detoxification or rehabilitation treatment. The goal is not only to avert the punishment but also to prevent future crimes through therapeutic interventions.
"If a criminal conviction occurs under the Narcotics Act (BtMG), the consequences are usually not limited to direct criminal sanctions such as fines or imprisonment. Rather, such convictions can result in a variety of so-called criminal collateral consequences that take effect in other areas of law and often have profound effects on the life of the person affected.
Among the most common collateral consequences is the revocation of a driver's license under Section 69 of the German Criminal Code (StGB), especially if the court believes, based on the offense, that the convicted person is unfit to drive a motor vehicle. A conviction under weapons law can also result in The Narcotics Act (BtMG) can lead to the denial or revocation of a firearms permit. Equally relevant is immigration law: Foreign nationals who are convicted of a crime can, under certain circumstances, face deportation or other measures affecting their residence.
Among the most common collateral consequences is the revocation of a driver's license under Section 69 of the German Criminal Code (StGB), especially if the court believes, based on the offense, that the convicted person is unfit to drive a motor vehicle. A conviction under weapons law can also result in The Narcotics Act (BtMG) can lead to the denial or revocation of a firearms permit. Equally relevant is immigration law: Foreign nationals who are convicted of a crime can, under certain circumstances, face deportation or other measures affecting their residence.
The most important tip in criminal law – BtMG legal areas | Drug law
REFUSE TO TESTIFY, CONTACT A LAWYER
The most important tip applies to drug law (BtMG legal areas | Drug law) just as it does to general criminal law: Accused persons should not testify. Indiscriminate statements usually lead to self-incrimination, which greatly complicates the defense’s subsequent work.
Instead, those affected should refuse to testify and immediately call H2 Attorneys at Law in Munich. The attorneys are available 24/7 via the emergency number. Our drug law specialists will develop a prudent trial strategy.
These considerations also include questions such as:
- Is therapy considered instead of punishment under Section 35 of the Narcotics Act?
- Can measures of reform and security be avoided?
- Is the leniency program under Section 31 of the Narcotics Act suitable?