Consumption Is Not Punishable – But the Path to Consumption Is
Many legal laypersons mistakenly believe that occasional drug users have little to fear since mere consumption is not a criminal offense. While this is technically true, the Narcotics Act is structured in a way that practically every other activity related to drugs is subject to criminal prosecution—particularly acquisition and possession. Thus, the fact that consumption itself is not punishable offers little protection.
Even minor offenses such as acquiring and possessing drugs as a casual user are subject to penalties under Section 29 (1) of the Narcotics Act, ranging from fines to prison sentences of up to five years. In accordance with general criminal law, prison sentences of up to two years may be suspended on probation. However, sentences exceeding two years cannot be suspended.
The “Significant Quantity” and Its Consequences
Apart from health risks, the legal risks associated with drugs are substantial. If you consume drugs—whether regularly or occasionally—you must be particularly cautious about handling “significant quantities.” Police, prosecutors, and courts take such cases very seriously, especially with “hard drugs” like heroin and cocaine, which have a high addiction potential.
The following thresholds define a “significant quantity” for common narcotics:
- Hashish/Marijuana: 7.5g pure THC (Tetrahydrocannabinol)
- Heroin: 1.5g pure HHC (Heroin Hydrochloride)
- Cocaine: 5.0g pure CHC (Cocaine Hydrochloride)
- Amphetamine: 10mg Amphetamine Base
- Methamphetamine (Crystal Meth): 5g Methamphetamine Base
- Ecstasy (MDE, MDMA, MDA): 35g MDE Hydrochloride
It is easy to exceed these limits, especially since the purity of purchased drugs is often unknown. If you buy more for a special occasion (e.g., a New Year’s Eve party) or for friends to get a better price, you may unknowingly enter the “significant quantity” range, leading to harsher penalties.
Silence Is (Almost) Always Golden
As a suspect, you have the right to remain silent, and you should exercise this right in drug-related cases—regardless of whether you believe you are guilty or innocent. Many drug cases begin with authorities finding a quantity of drugs in a person’s possession. However, mere possession alone may not be enough to prove certain allegations, such as dealing.
If you make a careless statement, it can be used against you. For example, if you say, “I don’t use that much,” it may later be difficult to argue that you are not a dealer. Law enforcement officers have heard all the usual excuses before, and they are unlikely to work in your favor.
Drugs and Driver’s License
If you are caught under the influence of drugs while driving, your driver’s license will usually be revoked. Even cyclists and pedestrians can face issues with the licensing authority if there are indications of drug use. For substances other than cannabis, even a single instance of drug use—regardless of how long ago—can lead to license revocation.
Pharmaceutical and Doping Criminal Law
In addition to narcotics law, unauthorized handling of certain pharmaceuticals and doping substances is also punishable under the Medicines Act (AMG) and the Anti-Doping Act (AntiDopG). The principles are similar, though the penalties are generally less severe.
Special caution is advised, as some substances banned in Germany may be legal in other countries. Importing or purchasing them online from unreliable sources can quickly result in police or customs investigations.
Our law firm is committed to using our extensive expertise to explore all legal options and develop effective defense strategies, particularly targeting weaknesses in the judicial system.
Criminal law is highly discretionary. The possible outcomes range from case dismissal (with or without fines) to written penalty orders, acquittals, and prison sentences—with or without probation.
The outcome of a criminal case often depends on the choice of the right attorney. Just as with a doctor, trust in being in the best hands is crucial when hiring legal representation.
