Quantity terms of the BtMG
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The quantity of the narcotic found is decisive

Quantity concepts of the Narcotics Act

For violations that fall under the Narcotics Act, the quantity of the narcotic found is the decisive factor in terms of criminal liability and the severity of the sentence. The Narcotics Act (BtMG) contains three categories: small quantity, normal quantity, and not a small quantity.

What does mean?

Small quantity, normal quantity, and not a small quantity?

The Narcotics Act lists the three quantity definitions, but does not specify specific quantities for a clear distinction. These have only been established through court rulings and decisions at the state level and are used as guidelines for narcotics violations. However, there are no uniform guidelines across Germany: The quantity-related limits for narcotics vary from state to state.

Here you will find an overview of the limits for the active ingredients for non-small quantities.

• The small quantity regulated by state-specific regulations is also referred to as a very small quantity. Since precise quantities are missing in the Narcotics Act (BtMG), the “instantaneous or daily requirement” of a non-dependent consumer serves as an initial guideline: According to case law, up to three consumption units are considered a small quantity. For cannabis products, for example, authorities in Munich and throughout Bavaria consider a gross weight of up to 6 grams to be a small quantity. However, they can also deviate from this in individual cases.
• According to the Narcotics Act, the normal quantity lies between a small quantity and a non-small quantity.
• The term “non-small quantity” is also not legally defined in the Narcotics Act. For numerous narcotics, case law has also established thresholds that determine when a non-small quantity is considered to be in use. The decisive criterion for determining these thresholds is not the gross weight of the respective narcotic, but the amount of the active ingredient contained, which is usually determined by a forensic institute.