Drug Dealing in a Significant Quantity (§ 29a BtMG)

Drug Dealing in a Significant Quantity (§ 29a BtMG)

§ 29a BtMG – Dealing in a Significant Quantity

Section 29a BtMG contains particularly serious qualifications in German narcotics law: supplying to minors (para. 1 no. 1) and offences involving a “significant quantity” (para. 1 no. 2) — namely dealing, manufacturing, supplying and possession. The statutory framework usually starts at one year’s imprisonment; only in a less serious case (para. 2) is it three months to five years. Our firm Buchert Jacob Peter defends nationwide in BtMG proceedings — from the first search and seizure through to the main hearing — with a focus on active-substance reports, quantity doctrine, concurrence issues and procedural challenges. For orientation on procedure see German criminal procedure and our Legal Dictionary. Need an English-speaking criminal law lawyer in Frankfurt? Call +49 69 710 33 330 or email kanzlei@dr-buchert.de.

Quick overview: What’s at stake?

  • Para. 1 no. 1: Adults over 21 who supply/administer/hand over narcotics to persons under 18 → minimum sentence 1 year.
  • Para. 1 no. 2: Dealing, manufacturing, supplying, possessing a significant quantity → minimum 1 year (upper range up to 15 years depending on the variant).
  • Less serious case (para. 2): Sentencing range 3 months – 5 years; requires careful reasoning based on substance, conduct and offender-related factors.
  • Practice pitfalls: Intent regarding “significant quantity”, active-substance content, unitary assessment of commercial transactions, “passing around” in a consumption round, concurrence with possession, demarcation between “supply” and “handing over for immediate consumption”.

Norm structure & classification

  • Protective aims: Health of minors (no. 1) and combating serious narcotics offences (no. 2).
  • Definition of narcotics: Only substances listed in Schedules I–III to § 1 BtMG (no “fake drugs”). For imitations, attempted supply may apply if the offender believed the substance to be a narcotic.
  • Note on cannabis: Since 2024, recreational cannabis has been regulated outside the BtMG (Cannabis Act – KCanG), while medical cannabis is governed by the MedCanG. For § 29a BtMG, what matters is whether the specific substance is a narcotic under the Schedules.

1. Supplying to minors (para. 1 no. 1)

A. Overview

This variant penalises adults aged 21+ who supply, administer or hand over narcotics to persons under 18. The purpose is the special protection of juveniles.

B. Objective elements

I. Narcotics: Genuine BtMG substances (Schedules I–III). Imitations can constitute an attempt (if the offender assumed BtMG quality) or be assessed under other offences.

II. Acts:

  • Supply: Transfer of actual control to the minor for free disposal. The term is broader than in § 29 BtMG and includes contractual/paid situations where control passes.
  • Administer: Active introduction into the body (e.g. injection, pouring in).
  • Handing over for immediate consumption: Conduct approving the minor’s (co-)consumption (classic example: passing a joint). Mere failure to prevent is not enough.

III. Adult offender: The perpetrator must be over 21.
IV. Minor recipient: The addressee is under 18; apparent “near majority” requires careful findings (appearance, behaviour, what the offender could perceive).

C. Mental element

  • Intent regarding BtMG quality of the substance.
  • At least conditional intent as to the act (e.g. accepting that the minor will consume or receive control).
  • At least conditional intent that the recipient is a minor.

D. Attempt & completion

Attempt is possible (e.g. starting the hand-over). Completion occurs with transfer of control (supply) or with the act of administration/approved consumption.

E. Perpetration & participation

Co-perpetration in coordinated roles (procurer/hand-over). Participation (instigation/assistance) e.g. providing premises or transport.

F. Concurrence (selection)

  • Consumption round: Passing along can fulfil “handing over for immediate consumption”; demarcation from mere participation in consumption is case-specific.
  • Unitary assessment: Multiple partial acts may form one commercial transaction (series dealing).
  • Base offences: No. 1 often supersedes lighter § 29 variants.
  • Dealing/possession: Where minors are involved, no. 1 (supply) and no. 2 (significant-quantity dealing/supply) may both be relevant — careful concurrence analysis is required.
  • Inducing minors to deal: Separate offences may apply.
  • Death caused by negligence: Possible in consumption contexts — examine separately.

G. Sentencing

Regularly higher starting points due to the minor’s vulnerability; relevant: protective aim, intensity (quantity/active substance), motive (commercial vs. “consumption round”), prior record, therapy/aftercare.

2. Dealing (para. 1 no. 2)

A. Elements

“Dealing” covers any self-interested, turnover-oriented activity — interpreted broadly (initiation, organisation, brokerage, distribution). The qualification is the handling of a significant quantity (substance- and active-substance-based threshold).

B. Intent & concurrence

  • Intent: Must also cover the “significant quantity”. Lack of precise knowledge of purity is often irrelevant if typical purity ranges are accepted; conditional intent suffices. “Excess” active substance may be treated as negligent for sentencing.
  • Unitary assessment: Several partial acts of one commercial transaction form a single unit (transport, storage, sale).
  • Possession & dealing: Possession may recede behind dealing or stand in ideal concurrence; demarcation depends on purpose (personal use vs. distribution).

3. Manufacturing (para. 1 no. 2)

A. Rationale

Targets upstream production stages.

B. Objective elements

  • Methods: synthesis, extraction, conversion, cutting, portioning of scheduled substances.
  • Object: narcotics in a significant quantity — the active substance is decisive.

C.–F. Intent must include the threshold; attempt begins once a functional production set-up exists. Concurrence with possession/dealing depends on the facts.

4. Supplying (para. 1 no. 2)

A.–D. Elements & intent: Supply means the factual transfer of control to a recipient; it is qualified if a significant quantity is involved. Intent must cover the hand-over and the threshold (parallel assessment in lay terms is sufficient).

E.–G. Attempt, concurrence & sentencing: Attempt is possible (failed arranged hand-over). Concurrence with dealing depends on integration into the commercial transaction. Sentencing focuses on active-substance amount, role in the network, profit motive.

5. Possession (para. 1 no. 2)

A. System

Qualified possession of a significant quantity carries the one-year minimum and requires careful analysis of factual control and possessory intent.

B.–G. Elements, defences & sentencing

  • Objective: Control over a significant quantity (including joint/co-possession).
  • Subjective: Knowledge and will regarding possession; intent as to the threshold (parallel assessment).
  • Attempt: Possible (e.g. setting out to “acquire”). Participation includes providing premises or transport.
  • Concurrence: Possession may recede behind dealing; often ideal concurrence with transit or stock quantities.
  • Sentencing: Compared to dealing, focus on personal-use proximity, absence of sales aspect — assess less serious case.

6. Less serious case (para. 2)

Requires a holistic assessment. Key criteria:

  • Drug-related: substance type, active-substance content, threshold proximity, personal-use proximity, lack of profit intent.
  • Conduct-related: subordinate role, absence of gang/commercial elements, one-off lapse, cooperative clarification, early therapy/abstinence.
  • Concurrence: Where other offences coincide, the reduced framework needs especially careful justification.

Practice & Defence: How we proceed

  • File access & forensics: Review/attack active-substance reports (sampling, homogeneity, lab methods), quantity calculations, unitary assessment of transactions — see access to files.
  • Intent re “significant quantity”: Parallel assessment in lay terms, ignorance/misestimation, threshold proximity — argue less serious case.
  • Concurrence & role: Possession receding behind dealing, demarcation supply/hand-over, “consumption round”.
  • Procedural attacks: Review searches & seizures, exclusionary rules, telecommunication surveillance, reasoning defects, arrest warrants.
  • Strategy: Therapy/abstinence proofs, social ties, harm minimisation, options for agreement. For stages of the case see course of criminal proceedings.

FAQ on § 29a BtMG

  • What is a “significant quantity”?
    A legally defined active-substance threshold that varies by drug. The decisive factor is the active substance, not gross weight. Threshold proximity can support a less serious case.
  • I didn’t know the purity — does that help?
    Not necessarily. Those dealing with narcotics often accept typical purity ranges. Unknown “excess” purity may mitigate sentencing if beyond what was accepted with intent.
  • Is “passing around” already punishable?
    Yes, it can constitute “handing over for immediate consumption” — particularly serious where minors are involved. Whether it is “supply” depends on transfer of control.
  • When does the less serious case apply?
    Where the overall assessment — substance, amount, role, motive, life situation, therapy — shows clearly below-average culpability. It is not limited to borderline cases.

Your next step

No statements without legal advice. We secure evidence, verify expert reports and develop a robust defence strategy. Call +49 69 710 33 330 or email kanzlei@dr-buchert.de. For an overview of our services see Practice Areas.

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