Drug Offences under the Narcotics Act (§ 29 BtMG) – Elements, Penalties and Defense

In brief: § 29 BtMG penalizes the unlawful handling of narcotics – possession, acquisition, trafficking, importation, supply – with up to five years of imprisonment or a fine. For small quantities for personal use the proceedings can be discontinued (§ 31a BtMG); for a “not insignificant quantity” or commercial or gang activity, felony sentences of one to fifteen years apply (§§ 29a, 30, 30a). Since 1 April 2024, cannabis is no longer governed by the Narcotics Act but by the Consumer Cannabis Act (KCanG). The decisive issue in every case is the distinction between personal use and trafficking.

Drug proceedings are among the most frequent criminal proceedings and range from a few grams for personal use to the professional cultivation and smuggling of large quantities. This article explains the elements, the sentencing range and the concrete options for action.

What § 29 BtMG Penalizes

§ 29(1) BtMG covers the unlawful handling of narcotics in numerous forms – in particular cultivation, production, trafficking, importation and exportation, sale, supply, acquisition and possession without the required permit. The concept of “trafficking” (Handeltreiben) is interpreted very broadly by the case law and covers any self-interested activity directed at the turnover of narcotics – including brokering, transport and mere negotiations. The basic offense provides for imprisonment up to five years or a fine; the attempt is punishable. In especially serious cases (§ 29(3), e.g. commercial action or endangering the health of several people) the penalty is not less than one year.

The Qualifications: §§ 29a, 30, 30a BtMG

The range rises drastically once certain circumstances are added:

• § 29a BtMG – supply to minors or trafficking in or possession of a not insignificant quantity: one to fifteen years (a felony).
• § 30 BtMG – among others, gang cultivation/trafficking, commercial supply to minors, importation of a not insignificant quantity or recklessly causing death: not less than two years.
• § 30a BtMG – gang or armed trafficking in a not insignificant quantity: not less than five years.

The not insignificant quantity is defined for each substance by the case law as a threshold of the pure active substance – for example about 5 grams of cocaine hydrochloride, 1.5 grams of heroin base or 10 grams of amphetamine base. Its determination decides the leap from a Vergehen to a Verbrechen and is therefore a central line of defense; it depends solely on the pure active substance, not on the gross weight.

Cannabis: the New KCanG

Since 1 April 2024, cannabis has been governed by the Consumer Cannabis Act. For adults, possession of up to 25 grams in public and up to 50 grams at home, as well as the cultivation of up to three plants, is exempt from punishment. Beyond these limits, § 34 KCanG applies; the not insignificant quantity for cannabis begins at 7.5 grams of pure THC (corresponding at an average potency to roughly 50 grams of dried flowers). For all other drugs, the Narcotics Act continues to apply unchanged.

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 substantially – and milder routes of disposal become possible.

Typical Constellations

In practice we encounter above all the consumer with a personal-use quantity (question of § 31a), the small-scale dealer (question of trafficking versus acquisition), the courier or importer (question of the not insignificant quantity and of § 30) and the cultivation plant (question of quantity and commercial or gang activity). Each constellation has its own defense approaches.

Procedure and Evidence

Typically the proceedings begin with a search and the seizure of substances, scales and mobile phones. Central items of evidence are the active-substance report, the evaluation of chat histories and witness statements. Because the “not insignificant quantity” depends solely on the pure active-substance content, the report is often the decisive point of the proceedings and must be scrutinized carefully.

Strategy and Options for Action

1. Remain Silent and Obtain File Access

Make no statement on the matter (§ 136 StPO); do not unlock phones during a search without legal advice. Only file inspection (§ 147 StPO) shows on what the allegation – especially 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 (§§ 29(5), 31a BtMG)

For small quantities for personal use, the prosecution may refrain from prosecution under § 31a BtMG; the court may refrain from punishment under § 29(5) BtMG. A discontinuance under §§ 153, 153a StPO is also 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. For many affected persons this is the decisive prospect for avoiding imprisonment.

6. Cooperation (§ 31 BtMG)

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

7. Keep the Driving Licence in View

Drug proceedings frequently entail consequences under driving-licence law (fitness examination, medical-psychological assessment). These consequences must be considered from the outset.

Consequences of a Conviction

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). Possible driving-licence, professional and – for foreign nationals – residence-law consequences may follow. A prison sentence of up to two years can be suspended on probation (§ 56 StGB).

Frequently Asked Questions

Is possession of small quantities punished?

In principle yes, but for small quantities for personal use prosecution may be waived (§ 31a BtMG). For cannabis, the separate limits of the Consumer Cannabis Act have applied since 2024.

When is there a “not insignificant quantity”?

This depends on the pure active-substance content and is defined for each substance by the case law. From this threshold it is a felony (§ 29a BtMG).

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.

Does cannabis still fall under the Narcotics Act?

No. Since 1 April 2024 cannabis is governed by the Consumer Cannabis Act, with its own limits and offenses. The Narcotics Act continues to apply to all other drugs.

How We Can Help

In drug criminal law, the distinction between personal use and dealing and the determination of the not insignificant quantity decide the outcome. Those who remain silent early, have the report examined and use the routes to discontinuance, therapy or sentence reduction can achieve a great deal. We defend you in Bonn and throughout the Rhineland; 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