Narcotics & Drug Offence Defence in Germany (English-Speaking)
Arrest at Frankfurt Airport, searches at home, or allegations of trafficking, import or export of narcotics in a significant quantity: our specialist criminal defence lawyers act quickly and strategically for clients from abroad and within Germany — from arrest warrants and pre-trial detention to extradition and the course of criminal procedure.
Immediate help in narcotics cases
- No statements to police or customs before defence access to the case file.
- Rapid review of arrest warrants, presentation before the investigating judge and alternatives to custody (bail, reporting duties).
- Defence during searches and seizures; protection of rights in urgent measures.
- Strategic advice for foreign nationals: extradition detention, interpreter, consular notification, travel documents.
- Targeted case theory using active-substance analysis and procedural levers throughout the course of proceedings.
“Significant quantity” under § 29a BtMG — thresholds and consequences
Offences involving a significant quantity (German: „nicht geringe Menge“) move the case into felony territory and trigger stricter rules (e.g. mandatory defence). The concept is based on active-substance amounts derived from scientific/forensic assessment and the danger potential of the drug. See our overview on § 29a BtMG.
| Narcotic (active substance) | Indicative threshold for a “significant quantity” |
|---|---|
| Heroin (as heroin-HCl) | ≈ 1.5 g active substance |
| Cocaine/Crack (as cocaine-HCl) | ≈ 5 g active substance |
| Opium/Morphine (as morphine-HCl) | ≈ 4.5 g active substance |
| Amphetamine preparations (as base) | ≈ 10 g base |
| Methamphetamine (as base) | ≈ 5 g base |
| LSD | ≈ 6 mg |
| THC (hashish/marijuana) | ≈ 7.5 g THC |
| MDMA/MDE/MDA/MDEA (as base) | ≈ 30 g base |
If different substances are involved, active substances are added together. Whether laboratory analysis is available — or has to be carefully estimated in the accused’s favour — is often decisive for sentencing.
Possession under the BtMG — what must be proven?
Possession requires conscious factual control with the will to keep unimpeded access — ownership is irrelevant. Typical defence issues include:
- Shared flats/rooms: discovery in common areas rarely suffices; attribution to a specific person must be proven.
- Mixed situations: “tolerating” another’s stash is not enough without own possession intent.
- Bodypackers & couriers: transport in or on the body constitutes possession; surveillance circumstances may mitigate sentencing.
- Negligible residues: mere traces/adhesions unfit for consumption typically do not establish punishable possession.
Dealing/Trafficking (§ 29 BtMG) — the wide scope of “Handeltreiben”
“Dealing” covers any self-interested activity aimed at enabling or promoting a drug transaction — even a single serious negotiation can suffice. Money transfers related to a completed deal may also fall within the offence. Important distinctions:
- Co-perpetration vs. aiding: key indicators are interest in success, scope of contribution and control over the deal.
- Preparation vs. attempt/completion: remote steps (mere enquiries or scouting trips) are generally not enough; context matters.
- No profit intent: passing on at cost price for a friend may exclude self-interest; otherwise, even side income can indicate commerciality.
Gang offences & armed dealing (§ 30a BtMG) — minimum five years
Offences committed as a gang or while carrying weapons or dangerous objects drastically increase penalties. The item does not need to be used; conscious, ready access can be enough. See § 30a BtMG.
Organised structures and importation of significant quantities are addressed in § 30 BtMG.
Import, export & transit — airport and border cases
Bringing narcotics into Germany is import; taking them out is export. Attempt begins, for example, at check-in (hold luggage) or boarding (hand luggage). Transit without actual control over the item may be treated differently than cases with continuous access (e.g. bodypackers). Co-ordination trips or convoy drivers may be liable depending on control over the transport. See import offences.
Evidence & active-substance analysis — why forensics matter
Courts usually require forensic determination of purity. Only when no drugs are secured may the court estimate conservatively in favour of the accused; vague labels such as “good quality” are insufficient. Defence therefore focuses on lab methodology, sampling errors and alternative explanations — and enforces early access to files.
After an arrest or police summons — what to do first
- Exercise your right to remain silent; request your defence lawyer.
- At the judge’s hearing: challenge detention grounds; propose milder means. See presentation before the investigating judge.
- If you received a police summons, get advice before any interview.
- In extradition matters, involve counsel experienced in international assistance.
Defence for international clients — Frankfurt and nationwide
We defend foreign nationals in narcotics cases throughout Germany. We work in English, coordinate interpreters where needed and act swiftly in airport and border situations. Learn more about the German criminal procedure and our criminal defence practice.
FAQ – Drug offences in Germany
What is a “significant quantity” and why does it matter?
Active-substance thresholds (see table above) mark the entry into § 29a BtMG with higher penalties and stricter rules. Details: § 29a BtMG.
Can different drugs be added together?
Yes. Courts add active substances across different narcotics when assessing “significant quantity”.
What if no lab result is available?
Where no drugs are secured, courts may estimate cautiously in your favour; otherwise, exact analysis is generally required.
Does money handling after a sale count as “dealing”?
Payment activities tied to the drug transaction can be part of dealing. Distinguish from mere unrelated possession of cash.
When does an import attempt begin?
Typically at check-in (hold baggage) or boarding (hand luggage). Special rules apply in airport transit and bodypacker cases. See import offences.
What are the detention grounds?
Urgent suspicion plus grounds such as flight risk or collusion risk. See pre-trial detention and arrest warrant.
How quickly will I see a judge after arrest?
Without delay — usually by the next day. Learn more about the hearing before the investigating judge.
Where can I read more about the process?
See our overviews of the course of proceedings and German criminal procedure.