Drugs and Cannabis: Criminal Liability under the New Legal Framework

In brief: Since 1 April 2024, cannabis has been legal within limits for adults and regulated in the Consumer Cannabis Act (KCanG) – no longer in the Narcotics Act (BtMG). Permitted are 25 grams in public, 50 grams at home and the cultivation of up to three plants. Whoever exceeds these limits or engages in trafficking is liable under § 34 KCanG. For all other drugs (cocaine, amphetamine, ecstasy, heroin) the BtMG continues to apply. The decisive issue in the proceedings is the distinction between personal use and trafficking.

The partial legalisation of cannabis has fundamentally changed drug criminal law. Much that used to be punishable is now permitted or a mere administrative offense – other conduct remains punishable. This article explains the new legal framework, the sentencing range and the concrete options for action. In depth, see also our pages on drug driving and the drug offenses overview.

Cannabis under the KCanG: What is Permitted and What is Punishable

For adults aged 18 and over, since 1 April 2024:

• Exempt from punishment: possession of up to 25 grams in public, up to 50 grams at the place of residence, and the private cultivation of up to three plants.
• Administrative offense: minor exceedances of the quantity limits and consumption in protection zones (for instance near schools, kindergartens and playgrounds).
• Punishable (§ 34 KCanG): possession or cultivation clearly above the limits, trafficking, importation and supply to minors.

Separate rules apply to the medical field. Important: partial legalisation does not mean impunity in road traffic – for driving under cannabis influence a THC limit of 3.5 ng/ml applies (§ 24a StVG), and in the case of unfitness to drive § 316 StGB applies.

What Penalty is Threatened under § 34 KCanG?

The basic offense (§ 34(1) KCanG) provides for imprisonment up to three years or a fine. In especially serious cases (§ 34(3) KCanG) the penalty is three months to five years – such a case exists in particular in the case of trafficking in or possession of a not insignificant quantity, of commercial action or of supply to minors. The not insignificant quantity begins, according to the case law of the Federal Court of Justice, at 7.5 grams of pure THC; at an average potency of around 15 percent this corresponds to roughly 50 grams of dried flowers. Decisive is the pure active-substance content, not the gross weight. Serious variants – armed or gang trafficking in a not insignificant quantity, or supply to minors – are felonies with an increased minimum sentence (not less than two years).

Other Drugs: the BtMG Continues to Apply

For all substances not covered by partial legalisation – cocaine, amphetamine, MDMA/ecstasy, heroin, LSD and others – the Narcotics Act remains decisive:

• § 29 BtMG (possession, acquisition, trafficking, importation, supply): imprisonment up to five years or a fine.
• § 29a BtMG (not insignificant quantity or supply to minors): one to fifteen years – a felony.
• § 30 BtMG (commercial or gang commission, importation of a not insignificant quantity): not less than two years.
• § 30a BtMG (armed or gang trafficking in a not insignificant quantity): not less than five years.

The relevant thresholds of the “not insignificant quantity” are set separately for each substance by the case law (for instance around 5 grams of cocaine hydrochloride or 1.5 grams of heroin base). Their determination frequently decides the leap from a misdemeanor to a felony.

Personal Use or Dealing – the Decisive Question

Whether possession and acquisition for personal use or trafficking is present decisively determines the penalty. The investigating authorities base the trafficking allegation on indicators such as the quantity, division into portions, a precision scale, packaging material, larger amounts of cash and relevant chat messages. If the trafficking allegation can be dispelled and the case confined to personal use, the range falls considerably – and milder routes of disposal open up.

Procedure and Evidence

Drug proceedings frequently begin with a search and the seizure of substances, scales and mobile phones. Central items of evidence are the active-substance report (determination of the THC or active-substance content), the evaluation of chat histories and witness statements. Because the question of the “not insignificant quantity” depends solely on the pure active-substance content, the report is often the decisive point of the proceedings.

Strategy and Options for Action

1. Remain Silent and Obtain File Access

As an accused person make no statement on the matter (§ 136 StPO) and do not unlock phones during a search without legal advice. Only file inspection (§ 147 StPO) shows on what the allegation – in particular the trafficking allegation – is based.

2. Examine the Active-Substance Content

Because the “not insignificant quantity” is measured by the pure active substance, a low content or a flawed report can take the case out of the felony range. The critical review of the expert report is one of the most important instruments.

3. Refute Dealing, Establish Personal Use

If the dealing indicators can be dispelled, the allegation is reduced to possession or acquisition – with a far milder range and better chances of discontinuance.

4. Discontinuance for Small Quantities (§ 31a BtMG, § 34 KCanG)

For small quantities for personal use, the prosecution can refrain from prosecution under § 31a BtMG – and in the cannabis area under the rules of the KCanG. A discontinuance under §§ 153, 153a StPO is also frequently possible.

5. Therapy Instead of Punishment (§ 35 BtMG)

In the case of an addiction, the enforcement of a prison sentence can be deferred in favor of therapy (“therapy instead of punishment”, § 35 BtMG). For many affected persons this is the decisive prospect.

6. Cooperation (§ 31 BtMG)

Whoever contributes to solving offenses beyond their own act can obtain a substantial sentence reduction (§ 31 BtMG). Whether this path makes sense must be weighed carefully and exclusively with the defense counsel.

7. Keep the Driving Licence in View

A drug proceeding frequently entails consequences under driving-licence law (fitness examination, medical-psychological assessment). The defense should consider these consequences from the outset.

Consequences of a Conviction and Old Cases

Every conviction is entered in the Federal Central Criminal Register; it appears in the certificate of good conduct as a rule from more than 90 daily units of a fine or more than three months of imprisonment (§ 32 BZRG). In addition there are possible driving-licence, professional and – for foreign nationals – residence-law consequences. For old cases the following applies: convictions that concern exclusively conduct that is legal today can be expunged; pending proceedings for quantities that are now exempt from punishment are to be discontinued.

Frequently Asked Questions

How much cannabis may I possess?

Adults may possess up to 25 grams in public and up to 50 grams at their residence free of punishment, and cultivate up to three plants. Beyond that, administrative or criminal proceedings loom.

When is there a “not insignificant quantity”?

At 7.5 grams of pure THC – corresponding at an average potency to around 50 grams of flowers. From this threshold an especially serious case regularly exists.

Does the KCanG also apply to cocaine or amphetamine?

No. Partial legalisation concerns only cannabis. For all other drugs the Narcotics Act continues to apply, with its considerably stricter ranges.

Can I get therapy instead of prison in the case of addiction?

Yes, under the conditions of § 35 BtMG the enforcement of the sentence can be deferred in favor of therapy.

How We Can Help

Drug criminal law is now two-tiered: the KCanG for cannabis, the BtMG for all other substances. Decisive are the distinction between personal use and dealing and the determination of the “not insignificant quantity” via the pure active-substance content. Whoever remains silent early, has the report examined and uses the routes to discontinuance, therapy or sentence reduction can substantially influence the result. We defend you in Bonn and throughout the Rhineland in all drug proceedings; more on our page for criminal defense in Bonn.

This article provides a general overview and does not replace advice in an individual case. A reliable assessment is only possible after inspection of the file and a personal consultation.

Written by attorney Philip Bafteh, criminal defense attorney in Bonn. Philip Bafteh publishes regularly on criminal and commercial law and defends accused persons in investigative and trial proceedings.

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Last updated: July 2026