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Illegal possession of narcotics
Criminal defense attorney Munich

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

Your legal assistance in drug-related offenses

Illegal possession of narcotics

The illegal acquisition of narcotics is generally punishable under Section 29 of the Narcotics Act (BtMG). If there is no written permission to acquire the narcotics in question, possession constitutes a criminal offense. This also applies, in principle, to possession for the purpose of personal consumption – which many victims misjudge. While authorities may refrain from prosecution for very small quantities, this is not a given – it is merely an option. In order to make the best use of these opportunities, it is essential to consult a lawyer specializing in drug law at an early stage.

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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What exactly does “drug possession” mean?

Drug Possession

In its judgment 4 StR 651/07 of April 15, 2008, the Federal Court of Justice defines drug possession as follows: “Possession within the meaning of the (BtMG)
Narcotics Act requires actual possession, actual A relationship of dominance and a will to possess, aimed at maintaining the possibility of unhindered influence over the object.”

Possession therefore requires two things: objectively, actual control over the object for a certain period of time, and subjectively, a sense of possession and a will to control.

This is where things get complicated for the layperson: The mere consumption of drugs is exempt from punishment, because under German law, the voluntary harm to one’s own health may not be punished. Nevertheless, drug users often commit crimes.

Why? Because the actual consumption is preceded by criminal acts, such as the importation, acquisition, or possession of drugs. It is sometimes difficult to prove that consumption was not preceded by possession, because even a joint handed to someone remains in their possession – even if only for a short time. Furthermore, a joint passed around in a circle constitutes the criminal offense of distributing narcotics to third parties.

The following example also demonstrates how complex the issue of drug possession is: Anyone caught with drugs that do not belong to them (even if they are about to take them to the police) is in possession of them and is therefore committing a crime – even though they are not the owner.

In all of these cases, only the intelligent argumentation of an experienced criminal defense attorney specializing in drug law can help avert or mitigate impending penalties.

What penalties can be expected for drug possession?

The decisive factors for the severity of the punishment for illegal possession of narcotics are, in particular, the quantity and type of drugs. Depending on the individual case, fines or imprisonment may be imposed.

  • If possession of a small quantity of narcotics is suspected, the responsible public prosecutor’s office may waive proceedings under Section 31a of the Narcotics Act (BtMG). What is considered a small quantity in Germany varies from state to state. For cannabis products, such as hashish or marijuana, this limit is 6 grams in Munich and throughout Bavaria. However, as already mentioned, the case will not be automatically discontinued.
  • If the small quantity limits are exceeded – especially if possession of a significant quantity is involved – severe penalties may apply. In this case, the Narcotics Act already provides for a minimum prison sentence of one year.
  • If the offense involves possession of large quantities of illegal narcotics, the investigating authorities generally consider additional criminal offenses to be committed, such as Trafficking in Narcotics. This, in turn, can result in a significantly higher sentence.

The best possible defense strategy in the interests of our clients.

What can H2 Attorneys at Law do for you if you are accused of “illegal drug possession”?

The attorneys at H2 Attorneys at Law, who have been practicing as criminal defense attorneys for drug law for many years, primarily do everything in their power to avoid charges and obtain a dismissal of the investigation.

The sooner you engage H2 Attorneys at Law, the better your chances of successfully avoiding a court case. Supported by experienced drug law specialists, H2 Attorneys at law München uses its excellent expertise, clever strategies, negotiating experience, and skill to achieve dismissal of the case due to lack of suspicion or due to minor guilt.

If a court hearing is unavoidable due to more serious charges, H2 Attorneys at law always develops the best possible defense strategy in the interests of its clients.

The most important tip in criminal law – Illegal possession of narcotics

REFUSE TO TESTIFY, CONTACT A LAWYER

The most important tip applies to drug law (Illegal possession of narcotics) 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?