Drug Offenses

Investigations related to drugs in Germany can result in heavy fines, long prison terms, pretrial detention, asset confiscation, and serious professional or immigration impacts. The German Narcotics Act, called the Betäubungsmittelgesetz (BtMG), governs controlled substances like cocaine, heroin, amphetamine, methamphetamine, MDMA, and various synthetic and prescription drugs. It criminalizes unauthorized possession, acquisition, production, cultivation, sale, transportation, import, export, supply, and distribution.

Sentencing varies based on the substance type and amount, active ingredient levels, the defendant’s role, and whether minors, organized groups, firearms, or dangerous objects are involved. Non-minor quantities typically carry at least a one-year prison sentence. More severe sentences are possible for armed trafficking, gang-related trafficking, or importation of significant quantities.

Effective April 1, 2024, cannabis is generally no longer classified as a narcotic under the Narcotics Act. Instead, recreational cannabis is mainly regulated by the Consumer Cannabis Act (KCanG).

Adults can legally possess up to 25 grams of cannabis outside their home and up to 50 grams at their residence. They may also grow up to three cannabis plants for personal use. However, this reform did not legalize commercial cannabis sales. The sale, purchase, import, export, supply, and trafficking of cannabis remain illegal in most cases. Possessing between 25 and 30 grams outside the home may be an administrative offense, and the same applies for possession of more than 50 but up to 60 grams at home. Criminal charges may be filed if someone has more than 30 grams outside or more than 60 grams total, cultivates over three plants, manufactures, traffics, imports, exports, or supplies cannabis. The basic offense may result in a fine or up to three years’ imprisonment. Cases involving minors, gangs, weapons, dangerous objects, or larger quantities can lead to much higher minimum sentences.

Many major drug prosecutions in Germany involve encrypted messaging data. Prosecutors often rely on communications from platforms like EncroChat, SkyECC, ANOM, and similar services. These cases usually involve large-scale drug trafficking, importation, organized crime, and money laundering. Data might be collected by foreign authorities, processed abroad, sent to Germany, translated, filtered, and linked to specific users. German courts generally permit encrypted message data in serious criminal cases. Still, not all messages or data are automatically reliable or admissible. The defense needs to scrutinize how the data was obtained, the legal grounds for its transfer, whether the alleged offense is serious enough, and whether the data is complete, authentic, and correctly attributed.

Anyone facing drug or cannabis charges should consult a criminal defense lawyer immediately after receiving a police summons, an investigation notice, a search warrant, a penal order, an indictment, or a court summons. Legal help is especially vital after a search, arrest, phone seizure, asset freeze, or pretrial detention. Do not make statements before reviewing the case details, digital evidence, lab reports, and legal classification.

At DvM Rechtsanwälte, we represent clients across Germany in cases involving cocaine, heroin, amphetamines, synthetic drugs, prescription drugs, cannabis, and other controlled substances. Our team is experienced in complex drug cases, including searches of homes, offices, cars, and storage units, as well as seizures of phones, computers, cash, cryptocurrency, vehicles, and other assets. We also specialize in defending cases involving encrypted communications (such as EncroChat, SkyECC, and ANOM), pretrial detention, and digital evidence across borders.