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Everything about the BtMG
Criminal defense attorney Munich

Odeonsplatz 2 | 80539 München SOS +49 (0) 160 96 86 40 11 info@h2-rechtsanwaelte.de WhatsApp Chat

What does the Narcotics Act regulate, and what does the “zero-tolerance policy” mean in Bavaria?

All about the Narcotics Act

Narcotics criminal law is governed by the Narcotics Act (BtMG), which stipulates the general handling of narcotics. The Narcotics Act contains definitions (Section 1), regulations on the trade in narcotics, including licensing procedures (Section 2), a list of substances, substance groups, and preparations considered narcotics (Annexes I to III), and regulations on criminal offenses and penalties (Section 6).

Contacting a competent criminal defense attorney early on when accused of a drug offense is extremely important, as drug law is an extremely complex area of ​​criminal law and carries severe penalties. Extensive expertise, extensive experience, and intelligent strategies are essential for the successful defense of defendants.

Furthermore, professional criminal defense takes on particular importance in drug offenses in the state of Bavaria, where a strict “zero-tolerance policy” is practiced. This is evident, for example, in the restrictive handling of a “small amount” of cannabis. Drug offenses involving cannabis products in Germany can be dropped by the responsible public prosecutor’s office if someone is caught with a “small amount” of cannabis—defined in each state. This is considered personal use. The definition of a small amount of personal use varies greatly from state to state. The Free State of Bavaria takes particularly rigorous action against cannabis users: It has a zero-tolerance limit of 0 grams. This means that every “offense” will be reported; in Bavaria, one can, in principle, be convicted for possession of 0.001 grams of marijuana, even as a first-time offender.

In the event of an arrest, house search,
or other restrictions, WE WILL HELP IMMEDIATELY.

  1. Remain calm
  2. Remain silent about the charges
  3. Contact a criminal defense attorney
  4. Do not sign anything
  5. Objection to identification measures
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Against the background described, we advise you to contact our Munich criminal law firm immediately if you are accused of any drug violation, no matter how minor it may seem. H2 Attorneys at Law in Munich, specializing in drug-related criminal law, is available to advise and assist you immediately and initiates all steps for your optimal defense.

An Overview

Which substances are considered narcotics according to the Narcotics Act?

The Narcotics Act defines in Annexes I to III which substances, groups of substances, and preparations are considered narcotics. The listed substances are constantly updated; they are subject to scientific findings and social developments. The decisive criteria for inclusion in the list of narcotics are: the potential for addiction due to their effects and a direct or indirect health risk if misused. In addition, substances used for the manufacture of narcotics can also be included in the annexes to the Narcotics Act.

Annex I of the Narcotics Act lists non-marketable narcotics. Both trading and distribution are prohibited. Heroin and LSD, for example, fall into this category.

Annex II of the Narcotics Act (BtMG)
covers marketable but non-prescription narcotics. Trading in these substances is permitted, but dispensing is prohibited. Illicit handling of these substances is generally punishable. This includes, for example, methamphetamine.

Annex III of the Narcotics Act (BtMG)
contains marketable and prescription narcotics (such as sleeping pills, methadone, or morphine). Dispensing is regulated by the Narcotics Prescription Ordinance (BtMVV). For therapeutic purposes, the substances listed can be prescribed by doctors with a narcotic prescription.

The most widely used narcotics in these three categories include:

  • Cocaine
  • Heroin
  • Amphetamine
  • Cannabis / Marijuana / Hashish
  • Ecstasy
  • LSD (Lysergide)
  • Crystal Meth (Methamphetamine)

Is a specific If a substance is not listed in the annexes to the Narcotics Act, the criminal penalties of the Narcotics Act do not apply. Therefore, our experienced drug law attorneys always first examine whether it is actually a substance that falls under the Narcotics Act.

The most important tip in criminal law – Everything about the BtMG

REFUSE TO TESTIFY, CONTACT A LAWYER

The most important tip applies to drug law (Everything about the BtMG) 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?