Which handling of which drugs (also called narcotics) is punishable, results from the Narcotics Act (BtMG). The BtMG bans substances that, because of their effects, can cause dependency and a health hazard in the consumer. What a narcotic or drug is (e.g. heroin, cocaine, hashish, marijuana, LSD, MDMA, morphine or methamphetamine), results from Annexes I, II and III of the Narcotics Act.
Even the possession of the smallest amounts of drugs is generally punishable, although prosecution can be waived in the case of a “small amount” for personal use. The limit values vary depending on the federal state and depend on the active ingredient content of the narcotic.
A variety of surveillance measures such as wiretapping of mobile phones, house searches, surveillance, the use of undercover investigators and provisional arrests are part of the daily agenda in the fight against drugs. Such investigations in narcotics criminal law are often based on insufficient investigation results.
In the context of the execution of sentences, German criminal law on drugs offers a wide range of special features. Depending on the degree of guilt and the stage of addiction, there are options for withdrawal treatment (§ 64 StGB) or the deferral of punishment according to § 35 BtMG, which means that therapeutic treatment instead of prison is an alternative.
That is why it is particularly important in narcotics criminal law to be defended by an experienced and competent criminal law attorney who not only actively directs the proceedings in your favor, but also keeps an eye on all possible consequences.
Criminal Law Office Arinstein