Criminal defense for Drug Possession in Bonn

Legal Basis

§ 29 Abs. 1 BtMG

Sentencing Range

Imprisonment of up to five years or a fine

Summary

Unlawful possession of narcotic substances

Possession of Narcotics under Section 29(1) of the German Narcotics Act – Overview

Possession of narcotics is one of the most common drug offences in Germany. Section 29(1) No. 3 BtMG (Betäubungsmittelgesetz – German Narcotics Act) criminalises the unauthorised possession of narcotic substances. Even possession of small quantities for personal use is a criminal offence, although proceedings are frequently discontinued in such cases. For expatriates in Germany, it is particularly important to understand that German drug law can be significantly stricter than in some other countries.

Statutory Text (Section 29(1) No. 3 BtMG – Excerpt)

Section 29(1): Whoever possesses narcotics without simultaneously holding a written permit for their acquisition shall be liable to imprisonment of up to five years or a fine.

Elements of the Offence in Detail

Narcotics

Narcotics are the substances and preparations listed in Schedules I to III of the BtMG. These include heroin, cocaine, amphetamine, MDMA (ecstasy), LSD, and crystal methamphetamine. Cannabis has been subject to the Cannabis Consumption Act (KCanG) since 1 April 2024 and is no longer governed by the BtMG.

Possession

Possession under the BtMG means actual control over the narcotic substance with the will to possess. It suffices that the perpetrator has the ability to dispose of the substance. Joint possession and indirect possession are also covered. Mere consumption is not punishable, but the prior possession necessary for consumption is.

Without Permit

Possession must occur without the required written permit under Section 3 BtMG. A medical prescription constitutes such a permit.

Typical Methods of Commission

Common scenarios include: possession for personal use (discovered during personal checks), discovery during house searches, possession connected to acquisitive crime, discovery during traffic stops, parcel deliveries containing narcotics, and joint possession in shared accommodation.

Sentencing Range

The basic offence carries imprisonment of up to five years or a fine. For small quantities for personal use, the prosecution may discontinue proceedings under Section 31a BtMG. Threshold values vary by federal state and substance. For quantities that are not small (Section 29a BtMG), the minimum sentence is one year’s imprisonment.

Typical Defense Strategies

Key defense approaches include: seeking discontinuation under Section 31a BtMG for small quantities, challenging the will to possess (knowledge of the substance), exclusion of evidence from unlawful searches or seizures, therapy instead of punishment (Section 35 BtMG – deferral of sentence execution), challenging the attribution of the discovered substance to the accused, and reviewing the quantity determination through laboratory analysis.

Typical case groups in possession of narcotics (§ 29 BtMG)

Since the partial legalisation of cannabis, the legal situation has changed considerably. For the defense, the type and quantity of the substance, personal use and the consequences for the driving licence are decisive.

Small quantity for personal use

For possession of small quantities for personal use, the proceedings can be discontinued under § 31a BtMG or § 29(5) BtMG. What counts as a „small quantity“ varies by substance and federal state; North Rhine-Westphalia has its own administrative guidance.

Cannabis under the new law

With the Cannabis Act (KCanG), the possession of certain quantities is permitted for adults under conditions. Outside these limits, possession remains punishable. We explain the details on our page on cannabis and the new legal situation.

Consequences for the driving licence

Even if the criminal proceedings are discontinued, the licensing authority may examine doubts about fitness and order an MPU. Criminal and licensing consequences must be considered separately.

Note: This information is general and does not replace advice in an individual case.

Criminal courts in Bonn and Cologne

Proceedings in the region are usually handled by the public prosecutor’s office (Staatsanwaltschaft) in Bonn or Cologne, with penalty orders and trials before the Bonn Local Court (Amtsgericht Bonn) or the Cologne Local Court; more serious cases go to the Regional Court (Landgericht). Criminal defense attorney Philip Bafteh represents English-speaking clients at all stages – from the first letter to the trial.

Frequently asked questions

Will possession of a small quantity be prosecuted? For small quantities intended for personal use, proceedings are often discontinued (Section 31a of the Narcotics Act); for cannabis the new Cannabis Act (KCanG) applies.

What is a “not insignificant quantity”? A threshold defined by active-ingredient content per substance; above it, the sentencing range increases considerably – the laboratory report is therefore crucial.

Can drug possession affect my driving licence? Yes – the licensing authority can question your fitness to drive even without any connection to road traffic.

Should I explain whom the drugs belong to? No – questions of possession and ownership are central to the case and should never be discussed before case file review.

Related topic: drug-driving.

How we defend against a charge of drug possession

For simple possession, the quantity almost always determines the direction of the proceedings. Our defence targets the quantity-related and quantity-independent levers that decide between discontinuation, penalty order and indictment.

Active-substance quantity, not gross weight

What matters is not the gross weight but the pure active-substance content. We press for a sound active-substance analysis and check whether the thresholds for the „not insignificant quantity“ are actually reached – this determines whether a misdemeanour or a serious offence is in play.

Personal use and small quantities

Where possession is for personal consumption in a small quantity, discontinuation under Section 31a of the Narcotics Act or Section 153 of the Code of Criminal Procedure comes into consideration. We establish that there is no trafficking element and use the discontinuation routes provided for personal use.

Cannabis under the new legal framework (KCanG)

Since the Cannabis Act came into force, separate possession limits and penalty or fine thresholds apply to cannabis outside the Narcotics Act. We examine whether the allegation is still punishable at all or only a regulatory matter, and whether the permitted possession quantities were observed.

Search, incidental find and admissibility

The find often stems from a traffic or home search. We check whether the measure was lawful and the find admissible – errors in grounds and execution can establish a ban on using the evidence.

Summons or accusation of Drug Possession? What matters now

Make no statement to the police at first

As an accused person you are never obliged to comment on the allegation. Anything said to the police can be used against you. Provide statements only through your defense attorney and only after reviewing the case file.

File inspection comes first

A sound defense against the allegation of Drug Possession requires knowledge of the investigation file. Only once the available evidence is clear can we decide whether a statement is advisable or whether remaining silent is the better strategy.

Possible discontinuation of proceedings

Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.

Mitigated case, Section 31 Narcotics Act, and sentencing

In drug-offence cases, sentencing often matters more than the question of guilt. The decisive factors are the mitigated case (minder schwerer Fall), the active-ingredient quantity rather than the gross weight, the specific contribution to the offence and intent. Cooperation under Section 31 of the German Narcotics Act can substantially reduce the sentence or allow the court to refrain from punishment – but it must be weighed carefully. We assess which of these apply after reviewing the file.

What we do after reviewing the file

We examine the evidence for reliability and admissibility, look for procedural errors, develop the defense strategy, seek a dismissal of the proceedings through discussions with the public prosecutor’s office and represent you, if necessary, at trial before the Bonn Local Court or Bonn Regional Court.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.