The possession of drugs is underestimated by many - especially when it comes to quantities that are not small. Quite a few people assume that small quantities for personal use have no legal consequences. But this mistake can be expensive: This is because even small quantities of illegal narcotics are punishable under the Narcotics Act (BtMG) - and since the Consumer Cannabis Act (KCanG) came into force, cannabis has been subject to very specific rules that are often misunderstood.
In this article, we clarify when possession is a criminal offence, what the so-called „not small quantity“ means and what the legal consequences are for possession, cultivation or even trafficking - especially in Bremen.
1. when does possession constitute a criminal offence?
In principle, the following applies: Possession of narcotics without the appropriate authorisation is punishable under Section 29 (1) No. 3 BtMG - regardless of whether they are „hard“ or „soft“ drugs. It does not matter whether the substances are to be consumed or not. Possession alone is enough. One exception is the KCanG, which permits the private consumption of cannabis.
The law enforcement authorities assume that a person is in possession of drugs if they be found with her, e.g. in clothing, in a vehicle or in the home - even if it is claimed that the substances belong to someone else. Even short-term storage („only held for a short time“) can be legally categorised as possession.
2. new legal situation regarding cannabis: what is permitted, what remains a criminal offence?
Since April 2024, cannabis partially decriminalised. According to the Consumer Cannabis Act (KCanG) persons of legal age:
- up to 25 grams Carry cannabis with you,
- up to 50 grams in total store at home and
- up to three cannabis plants for their own use.
However, these rules apply for private consumption only and are subject to strict conditions - such as a ban on consumption in the vicinity of schools, playgrounds and public events.
It becomes a criminal offence if:
- the authorised quantity exceeded becomes,
- more than three plants be cultivated,
- or a Trade or a Disclosure to third parties takes place.
One particularly important point: the boundary to the „not a small amount“ lies with 7.5 grams of pure THC. If this is exceeded - for example through possession of 60 grams of flowers with a THC content of 20 % (yields approx. 12 g THC) - threatens criminal prosecution according to § Section 34 (1) KCanG, with sometimes drastic consequences.
3. not small quantities - when does it get really serious?
In narcotics law, the distinction between „lower“, „more “normal" and „not small quantity“ central. Significantly harsher penalties apply for offences involving more than a small quantity - and proceedings are usually no longer set.
These threshold values differ depending on the substance and always refer to the pure active ingredient content. Here are some guidelines:
- „Not small quantity“ from (pure active substance in g)
Cannabis (THC), if not self-consumption
7,5 g - Amphetamine
10,0 g - MDMA
30,0 g - Heroin
1,5 g - Cocaine
5,0 g - Methamphetamine
5,0 g - Morphine
4,5 g
AttentionThese values are not to be understood as „licence limits“! Possession is already from small quantities punishable, even if courts may discontinue proceedings in such cases can - but do not have to.
4. illegal drug trafficking - high penalties loom
Who with drugs trades, is always liable to prosecution - even if only small quantities are involved. Even the Trade in a small quantity Cannabis for personal use can be punished with up to 3 years imprisonment or a fine in accordance with Section 34 (1) No. 4 KCanG.
In the case of larger quantities of other narcotics - especially if the not a small amount - there is a risk of more serious consequences:
- § Section 29a (1) no. 2 BtMG: Trafficking in not small quantities - minimum penalty: 1 year, maximum penalty: 15 years
- In less serious cases: 3 months until 5 years Prison sentence
- § Section 30a (1) BtMG: Gang trafficking or trafficking in weapons - prison sentence not under 5 years
- Delivery to minors: offender over 21 years - at least 1 year Prison sentence
The level of punishment always depends on the circumstances of the individual case - for example, whether an organised structure is involved, whether weapons were involved or whether minors are affected. Particularly in the case of serious allegations Fast and competent defence by specialised lawyers is crucial.
5. behavioural tips for defendants - the advice of the criminal defence lawyer
Anyone facing a criminal investigation should do one thing above all else: Keep calm. Even if a search, a letter from the police or a summons initially cause panic - a clear head and the right behaviour are crucial.
Our tips:
- No statement without a lawyer
You are not obliged, to provide information to the police. You must also comply with a summons Do not follow, if this comes from the police. Don't talk - silence protects you. - House search? Don't hinder, but don't help either.
Ask to see a search warrant, demand full documentation and do not actively help under any circumstances. - Summons from the public prosecutor's office? Appear - but remain silent.
Attendance is mandatory here, but you are not obliged to testify. The following also applies here: Make use of your right to remain silent. - Secure legal assistance at an early stage
A defence strategy can only be developed by inspecting the files. Without a lawyer, you are always at a disadvantage in criminal proceedings.
Conclusion: Even small quantities can be a criminal offence
Whether cannabis, amphetamine, cocaine or other drugs - anyone who comes into contact with illegal substances in Bremen or elsewhere must reckon with criminal consequences. The widespread assumption that small quantities are „harmless“ is deceptive. Even possession of small quantities can lead to criminal proceedings - and larger quantities or suspicion of trafficking can result in severe penalties.
Do you need criminal law support?
Are you accused of drug possession, cultivation or trafficking? Act quickly and get legal support. As experienced criminal defence lawyers, we are at your side with expertise and commitment - both out of court and in court.
We will be happy to advise you at our locations in Bremen, Sulingen, Osnabrück or online.
FAQs on the subject of drug possession
1 When is possession of drugs a criminal offence in Germany?
Possession is generally prohibited from the smallest quantities - even for personal use. The decisive factor is not the quantity, but the possession itself.
2. how much cannabis can I legally possess?
According to the KCanG, persons of legal age may carry up to 25 g and keep a maximum of 50 g at home. Possession of more than 7.5 g of pure THC is a criminal offence.
3. what is a „not small quantity“ of drugs?
The „not small quantity“ is a legally relevant limit above which higher penalties apply. For cannabis, this is 7.5 g of pure THC.
4 What happens if I am caught with drugs?
Depending on the quantity, substance and situation, fines or prison sentences may be imposed. You should avoid making a statement to the police without a defence lawyer.
5 How does a house search for drugs work?
The police may only search your home with a warrant. You have the right to remain silent and should not sign anything.
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