Criminal defense for Cannabis Offences in Bonn

Legal Basis

§§ 34, 36 KCanG

Sentencing Range

Imprisonment of up to three years or a fine (where personal-use quantities are exceeded)

Summary

Possession, cultivation, or trafficking of cannabis in violation of the Cannabis Act (KCanG)

Since the Cannabis Act (KCanG) came into force, the possession and cultivation of cannabis follow their own limits and thresholds outside the Narcotics Act. The first question is often whether the conduct is punishable at all or merely a regulatory matter. Attorney Philip Bafteh defends accused persons in Bonn, Cologne and nationwide – on the basis of the current legal position.

Cannabis Offences (KCanG / Section 34 KCanG)

With the entry into force of the Cannabis Consumption Act (Konsumcannabisgesetz — KCanG) on 1 April 2024, the legal situation for cannabis in Germany changed fundamentally. Adults are now permitted to possess certain quantities and grow cannabis privately. At the same time, numerous activities remain criminal, and the new thresholds create considerable difficulties in practice. Expats living in Germany should understand these new rules carefully, as the regulations differ significantly from many other countries.

Legal Basis

Section 34 KCanG contains the criminal provisions of the Cannabis Consumption Act. The central prohibitions are found in Sections 2 and 3 KCanG:

Permitted for persons over 18: possession of up to 25 grams of cannabis (dried) in public spaces, possession of up to 50 grams in private spaces, private cultivation of up to three cannabis plants, and acquisition through licensed cultivation associations.

Activities that remain criminal include possession above the permitted quantities, supply to minors, trafficking outside cultivation associations, importation, and commercial supply.

Elements of the Offence

Possession above thresholds: Anyone possessing more than 25 g in public spaces or more than 50 g in private spaces is criminally liable under Section 34(1) No. 1 KCanG. The relevant measurement is the weight of dried cannabis including flowers and flower-adjacent leaves.

Unauthorised cultivation: Growing more than three cannabis plants simultaneously is an administrative offence or criminal offence. Cultivation in a location accessible to minors is also prohibited.

Supply to minors: Supplying cannabis to persons under 18 carries imprisonment of up to five years under Section 34(1) No. 4 KCanG — the most severe sanction under the KCanG.

Trafficking and commercial supply: Selling cannabis outside licensed cultivation associations remains criminal. Commercial supply is punished with imprisonment from three months to five years.

Importation: Importing cannabis into Germany remains criminal, even in quantities below the possession thresholds.

Typical Methods of Commission

Common cases involve possession of quantities slightly above the thresholds, private cultivation of more than three plants, selling or sharing among friends without a cultivation association, bringing cannabis from other European countries (e.g., the Netherlands), and supply to minors, particularly in school environments.

Sentencing Range

Possession above the thresholds carries up to three years’ imprisonment or a fine. Supply to minors carries up to five years’ imprisonment. Commercial trafficking carries imprisonment from three months to five years. In less serious cases, prosecution may be declined or proceedings discontinued. For historical cases (before 1 April 2024), the more lenient law applies (Section 2(3) StGB), meaning many former BtMG proceedings have been discontinued.

Typical Defense Strategies

Precise quantity determination is of central importance in cannabis cases. The distinction between lawful possession and criminal excess often depends on just a few grams. Whether the location constitutes “public” or “private” space is also decisive, as different thresholds apply. For historical cases, it is examined whether criminal liability still exists under the more lenient KCanG. The distinction between personal use and trafficking provides further defense approaches, as do procedural questions regarding the lawfulness of searches and seizures.

Summons or accusation of Cannabis Offences? 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 Cannabis Offences 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.