Drug Dealing as a Gang – Section 30a BtMG

Drug Dealing as a Gang – Section 30a BtMG

§ 30a BtMG – Gang Offences & Armed Drug Trafficking

Section 30a of the German Narcotics Act (BtMG) contains the toughest qualifications in narcotics criminal law. The regular minimum sentence is five years’ imprisonment (paras. 1 and 2); only in a less serious case (para. 3) is the range six months to ten years. Covered are, in particular, gang-related dealings involving significant quantities, inducing minors to commit narcotics offences, and armed dealing/import/export/acquisition of significant quantities. Our firm Buchert Jacob Peter defends nationwide — from investigation, seizure and pre-trial measures through to the main hearing — with rapid file access and a strategy tailored to the facts.

Need English-speaking criminal defence in Frankfurt? Call +49 69 710 33 330 or email kanzlei@dr-buchert.de. See also German criminal procedure and practice areas.

Quick overview: offence variants under § 30a BtMG

  • Para. 1: Gang-related cultivation, production, dealing, import or export of narcotics in a significant quantity → minimum 5 years.
  • Para. 2 no. 1: An adult (>21) induces a minor (<18) to commit BtMG offences (dealing, import/export, supply, etc.).
  • Para. 2 no. 2: Armed dealing/import/export/acquisition of narcotics in a significant quantity.
  • Para. 3: Less serious case — substantial reduction of the sentencing range in atypically low-culpability constellations.

1) Gang under § 30a (1) BtMG

A. General

Requires an alliance of at least three persons who, for some duration, agree to commit multiple BtMG offences involving significant quantities. The agreement must cover dealings specifically with such quantities.

B. Objective elements

  • Acts: cultivation, production, dealing, import, export (§ 29 (1) sentence 1 no. 1 BtMG).
  • Significant quantity: threshold based on active substance; in gang cases, this is regularly stated expressly.
  • Gang nexus: agreement aimed at continued commission of such quantity-based offences.

C. Mental element

(Conditional) intent regarding the base offence, the significant quantity, the gang agreement and the gang’s quantity-related dealings (a layperson’s parallel evaluation suffices).

D. Perpetration, attempt, concurrence

Attribution is offence-by-offence (co-perpetration/participation). Attempt can begin early (e.g., procurement stage). Assess single-transaction treatment for commercial dealings and the relation to § 30 BtMG (gang without significant quantity).

2) Inducing minors — § 30a (2) no. 1 BtMG

A. Protective purpose

Special protection of children/juveniles: using minors in narcotics transactions is particularly reprehensible.

B. Elements

  • Inducing: influencing the will of a person under 18 to commit BtMG offences (dealing, import/export, supply, placing on the market or facilitation).
  • Minor’s act: must satisfy statutory elements; attempt liability may apply.
  • Intent: knowledge/will regarding minority and the target act (at least conditional intent).

3) Armed offences with significant quantities — § 30a (2) no. 2 BtMG

A. Rationale

Increased danger: anyone who, when dealing with significant quantities, carries a firearm or another item suitable and intended to cause injury commits the qualification.

B. Elements in detail

  • Significant quantity: substance-specific thresholds; in mixed cases add active-substance shares (total ≥ 100%).
  • Acts: dealing (including without own possession); without dealing: import/export/acquisition.
  • “Acquisition”: includes contractual purchase with one’s own power of disposal.
  • Firearm/other item: firearm loaded or readily loadable; other item must be objectively suitable and subjectively intended to injure (e.g., telescopic baton, knife — a random kitchen knife without ascertainable purpose usually does not suffice).
  • “Carrying”: ready access without noteworthy delay (typically same room); suffices if present during any part-act (portioning, packaging, sale).

C. Distinctions & concurrence

  • Import for resale is typically subsumed by armed dealing (statutory competition).
  • Ideal concurrence is possible where armed import merely aids another’s dealing.
  • Carrying at the time of handling proceeds does not automatically qualify — the focus is on part-acts of the BtMG transaction.

4) Less serious case — § 30a (3) BtMG

Sentencing range: 6 months to 10 years. Requires a holistic view (threshold proximity, subordinate role, absence of gang/commercial elements, no “true” arming in the legal sense, therapy/abstinence, cooperation, seizures/confiscation, compensation of harm, etc.).

Practice & defence approaches

  • Active-substance analysis: sampling, homogeneity, analytics, additive thresholds in mixed cases.
  • Gang agreement: headcount, duration, specific link to significant quantities — mere affiliation is insufficient.
  • Arming: establish purpose and ready access precisely; everyday objects ≠ automatically “dangerous items”.
  • “Carrying”: attack access times, room separation, locked storage, actual reachability minute by minute.
  • Concurrence: clean separation import ↔ armed dealing; single-transaction assessment for commercial dealings.
  • Procedure: challenge searches, seizures, arrests and telecom measures; secure access to files early.

FAQ on § 30a BtMG

  • What counts as a “significant quantity”?
    Thresholds are based on active substance for each drug. With multiple substances, percentage shares add up; a sum ≥ 100% suffices.
  • Is a pocketknife enough for “armed”?
    Not automatically. It requires objective suitability, subjective intent to injure, and ready access during a BtMG part-act.
  • Is it “arming” if weapons are merely in the house?
    Only with immediate access without noteworthy delay at the BtMG part-act. Separate rooms/locked containers usually argue against it.
  • When does the less serious case apply?
    Where culpability is clearly lower: threshold proximity, no real “arming”, subordinate role, early therapy/abstinence, comprehensive cooperation, etc.

Contact & Immediate Assistance

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