Production / cultivation of narcotics
Criminal defense attorney Munich

Your legal assistance in drug-related offenses

Manufacture / Cultivation of Narcotics

The manufacture and cultivation of narcotics are among the criminal offenses regulated in Section 29 of the Narcotics Act. Without official authorization, any production of the narcotics listed in the Narcotics Act is punishable – for example, the cultivation of marijuana plants or the manufacture of synthetic drugs. Many people are unclear about which actions/processes are specifically punishable and how early criminal liability sometimes begins.

The question therefore is:

What exactly is considered the manufacture and cultivation of narcotics and is therefore punishable?

Section 2 No. 4 of the Narcotics Act defines the manufacture of narcotics:
“Manufacture: the extraction, manufacture, preparation, treatment or processing, purification, and conversion.”

The aforementioned manufacturing processes include Numerous individual activities are punishable in themselves, such as decanting ingredients, filtering or pressing materials, or drying substances. Even persons who merely act as accomplices are guilty of aiding and abetting.

According to case law, the cultivation of narcotics is defined as achieving plant growth through horticultural efforts, which includes the sowing of narcotic seeds and the care or cultivation of narcotic plants (see Annexes I to III of the Narcotics Act).

Criminal liability begins with the mere attempt: Sowing narcotic seeds is a criminal offense – whether the plant thrives or not. Even those who leave the seeds to grow after sowing, for example, on their balcony at home, are committing a criminal offense.

Neither the method of cultivation nor the individual purpose, quantity, or quality of the narcotics cultivated are relevant. This means that it’s not just large plantations that pose a legal problem – a small cannabis or coca plant in a flowerpot at home is sufficient to constitute criminal liability. Cultivation also constitutes criminal offenses, including the cultivation of narcotic plants that, when unprocessed, contain no active ingredients. The only relevant factor in criminal law is whether the plants were listed in Schedules I-III of the Narcotics Act at the time of the offense.

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 “cultivation/production of drugs”?

Given the strict legislation and severe penalties that apply to the cultivation and production of narcotics, it is imperative to consult a specialized and experienced attorney and criminal defense attorney specializing in drug law at an early stage: The criminal defense attorneys at H2 Attorneys at Law are familiar with all the intricacies of drug law and know exactly what to do in each individual case to best defend their clients. In collaboration with the Munich criminal law firm’s team of lawyers specializing in narcotics, we handle cases of varying complexity and severity – with impressive success.

When accused of cultivating and manufacturing narcotics, we utilize numerous arguments to undermine circumstantial evidence or alleged proof, even in complex cases. For example, we question how a court determines quantities for immature plants or how authorities intend to prove that plants located on freely accessible cultivation areas on public land can be clearly attributed to the accused.

Regardless of the circumstances and prospects at the time of engagement, our team always first examines whether and how you can prevent a court hearing and the associated penalty by applying for appropriate legal action. Should this not be possible, “H2 Attorneys at law” will use all legal means to fight for the lowest possible sentence.