Area of practice · Criminal defence

Drug offences law

Possession, trafficking, importation, cannabis law.

1What is it about?

Drug offences law (Betäubungsmittelstrafrecht) governs the handling of narcotic drugs. Possession, cultivation, trafficking, importation and supply are punishable in particular (§ 29 BtMG). Where the quantity is not small, where trafficking is carried out as part of a gang, or where drugs are supplied to minors, considerably higher penalties apply, in some cases with minimum sentences of one year’s imprisonment or more (§§ 29a, 30, 30a BtMG).

Since 2024, separate rules have applied to cannabis under the Cannabis Act (KCanG). Certain quantities for possession and home cultivation have since been exempt from punishment. Trafficking, supply and exceeding the permitted quantities, among other things, remain punishable. Transitional provisions apply to older cases.

2Typical case scenarios

Possession of small quantities for personal use.
Allegation of trafficking, often based on chat messages, quantities or cash.
Importation or transport across borders, including in connection with trips to Switzerland or the Netherlands.
Allegation of commission as part of a gang or of supply to young people.
Drug dependency and the wish for therapy instead of punishment.
Possession of cannabis above the permitted quantities.

3Frequently asked questions

What does “not a small quantity” mean?

The threshold is determined by the courts on the basis of the active substance content of the substance. If it is exceeded, the offence is a felony with a higher range of penalty. The active substance content is therefore often a central point of the defence.

Is therapy instead of punishment possible?

Yes, under certain conditions the enforcement of a custodial sentence can be deferred in favour of therapy (§ 35 BtMG). As a rule, this applies to sentences of up to two years and where there is a drug dependency.

Can the proceedings be discontinued?

Where small quantities are possessed for personal consumption, the public prosecutor’s office may refrain from prosecution (§ 31a BtMG). Assistance in clarifying the offence can also mitigate the sentence (§ 31 BtMG).

May the police examine my mobile phone?

Only under the conditions of the StPO, as a rule on the basis of a court order or with your consent. Do not hand over access data without taking advice.

4How the proceedings unfold

Check or searchDiscovery of narcotics, seizure, provisional arrest.
InvestigationsExpert report on active substance content, analysis of mobile phone and communications.
Indictment or penal orderLocal court or regional court, depending on quantity and allegation.
EnforcementWhere applicable, therapy instead of punishment or probation.

5What requires particular attention

Do not make any statements about the source or the buyers without knowing the consequences.
Have the active substance content checked; it often decides the range of penalty.
Where there is a dependency, therapy or counselling should be planned early.
Consequences under driving licence law may arise independently of the criminal proceedings.

6How we defend you

We examine the lawfulness of the check and search, the admissibility of evidence, the distinction between possession and trafficking, and the question of a not small quantity. We apply for expert reports on active substance content where they are missing or where doubts exist.

We work towards discontinuation or a lenient outcome, advise on § 31 and § 35 BtMG and support clients in arranging therapy. In proceedings under the Cannabis Act, we also examine the reassessment of older cases.

Legal bases (official statutory text):

This page provides general information on German criminal law (as of September 2026) and is not a substitute for legal advice in an individual case. The law and case law may change. Different rules apply to proceedings in Switzerland.