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Drug possession of a small quantity: what threatens?

The unauthorized possession of narcotics is punishable. For small quantities for personal use, however, a discontinuance of the proceedings often comes into consideration. For cannabis, special rules have applied since 2024. It is important to make no statements on the matter at first.

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The unauthorized possession of narcotics is in principle punishable (§ 29 BtMG). For a small quantity for personal use, the proceedings can be discontinued (§ 31a BtMG). For cannabis, its own rules under the Consumer Cannabis Act (KCanG) have applied since 2024.
Besides the criminal side, the driving license authority can examine doubts about fitness to drive. This is a separate procedure that can have consequences even with small quantities.

What you should do now

  1. 1

    1. Remain silent

    Make no statements on the matter at first.

  2. 2

    2. Clarify substance and quantity

    Have it examined which substance and which quantity is involved.

  3. 3

    3. Access the file

    Have the accusation and the proceedings examined.

  4. 4

    4. Discontinuance and fitness to drive

    Check a discontinuance and possible consequences for the driving license.

How to spot the scam

  • Hasty statements worsen the position.
  • Consequences for the driving license are overlooked.
  • The special rules for cannabis are mixed up with general narcotics law.

Frequently asked questions

Is drug possession always punishable?

The unauthorized possession of narcotics is in principle punishable (§ 29 BtMG). For a small quantity for personal use, prosecution can be waived or the proceedings discontinued (§ 31a BtMG). For cannabis, separate rules under the Consumer Cannabis Act have applied since 2024.

What does 'small quantity' mean?

There is no fixed nationwide threshold; the practice of the states differs. Decisive are the circumstances of the individual case, in particular personal use without any indication of dealing. Have the concrete classification examined before you comment.

Does a drug find have consequences for the driving license?

Possibly yes. Independently of the criminal proceedings, the driving license authority can examine doubts about fitness to drive and demand conditions or an assessment. This is an independent procedure that can lead to consequences even with smaller quantities.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.