German Lawyer for drug-related offences (BtMG) – nationwide

Konstantin Grubwinkler, Germany’s most prominent narcotics defense attorney, leads a team of 14 criminal defense lawyers with experience from over 20,000 criminal proceedings, more than 10,000 of them in narcotics law.

Reubel Grubwinkler Rechtsanwälte has defended clients in over 20,000 criminal proceedings, more than 10,000 of them under the German Narcotics Act (Betäubungsmittelgesetz, BtMG). As a German drug lawyer, our team of 14 criminal defense attorneys handles cases of every scale nationwide, from simple possession of small amounts to large-scale trafficking investigations involving Europol, Eurojust, Interpol and the German Federal Criminal Office (BKA), as well as proceedings based on EncroChat, SkyECC and ANOM data.

Konstantin Grubwinkler is the best-known narcotics defense attorney in Germany. He lectures at universities, publishes academic research and is regularly called upon as an expert by ARD, ZDF, SAT1 and RTL. As a speaker for LEAP Deutschland and a member of the Schildower Kreis, he combines day-to-day defense work in narcotics cases with expert participation in criminal policy debates on drug law. No other BtMG-specialized law firm in Germany offers this combination of defense practice, academic publication and drug policy expertise.

Why Reubel Grubwinkler Rechtsanwälte

Specialization: Exclusively focused on criminal defense under the BtMG and KCanG (Cannabis Control Act).

Track Record: Documented results in some of Germany’s most serious narcotics proceedings, including full acquittals after months in pre-trial detention.

Size: One of the largest law firms in Germany dedicated exclusively to criminal defense. Most narcotics defense lawyers in Germany work alone or in small offices. Reubel Grubwinkler Rechtsanwälte fields 14 criminal defense attorneys and a criminal law professor, enabling parallel case analysis in large-scale proceedings with thousands of pages of investigation files.

Experience: Over 10,000 narcotics cases handled. Acquittals, dismissals and reduced sentences before courts at every level, from Amtsgerichte to the Bundesgerichtshof.

Nationwide: Our team operates digitally. Personal appointments are available throughout Germany but never required. International clients are represented in all German proceedings without the need to be present in Germany for procedural steps.

Awards and Recognition

Several attorneys at Reubel Grubwinkler Rechtsanwälte are listed in Germany’s leading legal rankings. Marc N. Wandt has been continuously listed in the FOCUS magazine ranking as a top attorney for criminal law since 2017. Thorsten Hein was recognized by FOCUS magazine in 2025 and recommended by the FAZ Institut in 2026. Dinah Busse was recognized by FOCUS magazine in 2025. Since March 2026, Reubel Grubwinkler Rechtsanwälte has been listed in the international Leaders League ranking as a recommended firm for White-Collar Crime in Germany. Bloomberg Law names the firm a Leading Law Firm 2026. On ProvenExpert, the firm holds a 95 percent recommendation rate based on 804 client reviews.


Selected Case Results in Narcotics Proceedings

Reubel Grubwinkler Rechtsanwälte has handled over 10,000 narcotics cases, including some of Germany’s most serious drug proceedings.

Acquittal, Landgericht Würzburg. Client charged with 2.6 kg amphetamine and cocaine across 15 counts with 12 prior convictions. Full acquittal.

Probation instead of mandatory minimum sentence. § 30a Abs. 2 Nr. 2 BtMG (armed drug trafficking, 5-year mandatory minimum), Landgericht Kempten. Result: suspended sentence.

Pre-trial detention ended, charges dropped. § 30a BtMG appeal proceedings, Landgericht Landshut. Result: custodial sentence avoided.

Full acquittal after pre-trial detention. Evidence obtained in violation of procedural law (Beweisverwertungsverbot), Landgericht Amberg. Acquittal despite months in custody.

Sentence reduced from 2 years 8 months to probation. Gang-based drug trafficking, Landgericht Traunstein.

§ 30a BtMG, EUR 28 million in total drug turnover. Landgericht Frankfurt. Result: 6 years 3 months, at the lower end of the statutory range despite exceptional quantities.

In den besten Händen

Anwälte für Strafrecht
14
Standorte in Deutschland
6
Fälle Erfahrung
20000 +

Defense Strategies in German Narcotics Cases

Exclusion of evidence from unlawful investigative measures.

Search and seizure orders issued without judicial approval, insufficiently substantiated emergency warrants, or unlawful interrogations can result in the exclusion of key evidence. If the central piece of evidence is excluded, an acquittal is possible regardless of the quantity involved. Reubel Grubwinkler Rechtsanwälte has achieved full acquittals through this route in multiple cases, including after months of pre-trial detention and after a conviction at first instance.

Challenging aggravating elements:

§ 30a BtMG, armed drug trafficking. § 30a Abs. 2 Nr. 2 BtMG carries a mandatory minimum sentence of five years. The elements of the offense, in particular the carrying of a firearm, are contestable at trial. Reubel Grubwinkler Rechtsanwälte has obtained suspended sentences in a large number of § 30a BtMG proceedings, in some cases on appeal after an unsuspended custodial sentence at first instance.

EncroChat, SkyECC and ANOM:

admissibility of encrypted communications data. Proceedings based on intercepted encrypted communications raise significant legal questions about the admissibility of the data. The case law on EncroChat and SkyECC continues to develop. Reubel Grubwinkler Rechtsanwälte regularly defends in large-scale proceedings involving EncroChat, SkyECC and ANOM data, with BKA, Europol and Eurojust involvement.

Active substance quantity and expert evidence errors.

The threshold for „nicht geringe Menge“ (not a small amount) is determined by active substance content, not gross weight. Errors in weighing, incorrect assumptions about purity or deficient expert reports by investigating authorities can significantly shift the legal classification and determine whether § 29 BtMG or § 29a BtMG applies.

Sentencing

probation despite prior convictions and large quantities. Even with significant prior criminal records and quantities far above the „nicht geringe Menge“ threshold, there is room for argument at the sentencing stage. Reubel Grubwinkler Rechtsanwälte has obtained suspended sentences in cases involving 12 prior relevant convictions, armed trafficking and quantities five times above the threshold.

§ 64 StGB: preventing compulsory placement in a drug rehabilitation facility.

In BtMG proceedings where the client has an addiction history, prosecutors regularly apply for compulsory placement under § 64 StGB. Reubel Grubwinkler Rechtsanwälte has successfully prevented compulsory placement orders in multiple cases, achieving outpatient treatment conditions instead.

Do I need a German lawyer if I am a foreign national facing drug charges in Germany?

Yes. German criminal proceedings follow the German Code of Criminal Procedure (StPO) and are conducted entirely in German. A German criminal defense attorney is required to apply for access to the investigation file, represent you in proceedings before German courts and advise you on your rights under German law. Reubel Grubwinkler Rechtsanwälte represents international clients in all German narcotics proceedings. Court appearances on your behalf do not require your presence in Germany for procedural steps.

What is the „nicht geringe Menge“ in German drug law?

The „nicht geringe Menge“ (threshold quantity) is the amount of a narcotic substance above which the more serious offense of § 29a BtMG applies, carrying a mandatory minimum sentence of one year. It is determined by the active substance content, not the gross weight. Key thresholds include: cocaine 5.0 g cocaine hydrochloride, amphetamine 10 g amphetamine base, MDMA 30 g MDMA base, heroin 1.5 g heroin hydrochloride, methamphetamine 5 g metamfetamine base. Cannabis quantities under the former BtMG applied a threshold of 7.5 g THC; under the KCanG (Cannabis Control Act), separate thresholds now apply.

What should I do if I receive a summons from German police in connection with a drug offense?

Do not make any statement to the police. You are not obliged to appear for a police interview as a suspect and you have the right to refuse to answer any questions on the matter. Contact a German drug lawyer immediately. Reubel Grubwinkler Rechtsanwälte will apply for access to the investigation file and advise you on the specific facts of your case before any further steps are taken.

Can communications with a German defense attorney be monitored?

Correspondence between a suspect and their appointed defense attorney is protected from interception under § 160a Abs. 1 S. 2 StPO. Any evidence obtained through such interception is inadmissible. For written communications, we recommend using encrypted email (OpenPGP).

How do I react to a summons by the police?

Effectively: commission a narcotics lawyer (BtM Anwalt) from a specialised law firm with your defence immediately.
In cases of very small amounts it can be worthwhile to proceed as follows if you are not professionally reliant on a (drugs-related) offence-free certificate of conduct:

  • deny any statement
  • cancel politely but determinedly
  • do not engage in debates
  • do not believe promises

„Nicht geringe Menge“ (= more than a small amount) in German narcotics criminal law

In many criminal proceedings it is crucially important if a „nicht geringe Menge“ of narcotic is involved. If the quantity is less than a „nicht geringe Menge“, a legal prosecution according to §29 BtMG („Betäubungsmittelgesetz“; = German narcotics law) is possible. In this case a financial penalty or even a complete cessation of the case are within the range of possibilities. Your narcotics lawyer can propose the cessation of your case according to §31a BtMG as early as in the stage of preliminary proceedings or suggest it to the prosecutor. This is possible, for example, if a „Geringe Menge“ (=small amount) for your personal needs is involved.

What is the „nicht geringe Menge“ (= more than small amount)?

If, on the contrary, the „nicht geringe Menge“ (= more than small amount) is reached the only procedure possible is a sentence according to §29a BtMG and the minimum penalty is a one year prison sentence. A financial penalty is not within the range of possibilities and a cessation of the case is practically impossible. The amount of active substance is critical to the sentence, i.e., whether or not it is a „nicht geringe Menge“. The complete brutto weight is only of importance for deciding whether the quantity can be seen as a „geringe Menge“ (=small amount) for personal needs, or not.

„Nicht geringe Menge“:
Cocaine: 5.0 g Cocainehydrochloride
Amphetamine: 10 g amphetamine base
MDMA: 10 g MDMA base
Heroine: 1.5 g Heroinehydrochloride
Methamphethamine: 5 g methamphethamine base
Psilocybin: 1.2 g psilocin
Fentanyl: 75 mg
Diazepam: 2,400 mg
Alprazolam: 240 mg
Lormetazepam: 360 mg
Termazepam: 4,800 mg
Clonazepam: 480 mg
Midazolam: 1,800mg
Tetrazepam: 4,800 mg
Oxazepam: 7,200 mg
Triazolam: 120 mg
Lorazepam: 480 mg
(Weber BtMG/Weber BtMG §29a Rn. 82 86, beck-online.de)

Determining a „nicht geringe Menge“ is especially difficult when it comes to the cultivation of marijuana and particularly the cultivation of marijuana for the purpose of trading. If you are accused of a „nicht geringe Menge“ in one of these cases we strongly recommend you to consult a German lawyer for narcotics law and let him or her take on your defence.

Criminal offences against the German narcotics law (BtMG) and system of penalties for drug-related offences

The German narcotics law (BtMG, Betäubungsmittelgesetz) defines criminal and administrative offences against the BtMG in its sixth section, beginning with § 29 BtMG.

Basically it is advisable to consult a German lawyer in any case and already in the preliminary proceedings to engage a German lawyer for drug-related offences to take on your defence. It depends to a large part on the severity of the penalties that may be involved if it is to your advantage to consult a specialist solicitor for narcotics law. This decision is simpler when you have some familiarity with the German system of penalties for drug-related offences.

Up to 5 years custodial sentence or financial penalty:

§29I BtMG Possession, cultivation, production, trade („dealing“ or „trafficking“), import, export

In the following cases you should definitely be represented by a solicitor for narcotics law:

1-15 years custodial sentence:

Cultivation, production, trading („dealing“ or „trafficking“), import, export + commercial nature or threat to the health of various people (§29 III BtMG)
§29aI Nr. 1 BtMG, supplying by an over 21-year-old to an under 18-year-old
§29a I Nr. 2 BtMG, possession, production, trading („dealing“ or „trafficking“) in a „nicht geringe Menge“ (= more than a small amount)

2-15 years custodial sentence:

§30 BtMG, cultivation, production, trading („dealing“ or „trafficking“) as member of a gang or commercial possession, production, trading („dealing“ or „trafficking“) in a „nicht geringe Menge“ (= more than a small amount) or importing a „nicht geringe Menge“ (= more than a small amount)

5-15 years custodial sentence:

§30a I BtMG, commercial cultivation, production, trading („dealing“ or „trafficking“), import, export as member of a gang
§30a II Nr. 1 BtMG, inducing, as an over 21-year-old to an under 18-year-old to trade, import, etc.
§30a II Nr.2 BtMG, trading („dealing“ or „trafficking“), import, export, provide „nicht geringe Menge“ (= more than a small amount) with involvement of weapons

 

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You can speak to us freely on the telephone.
Correspondence with your prospective defence lawyer is privileged („must not be disclosed“) in accordance with §160 I 2 StPO. Any new insights must not be used against you (BGH, February 18,2014, StB 8/13).

We recommend that you use encrypted e-mails for sending documents (OpenPGP).

Speak to us.

(ongoing), AG Traunstein (local court)

Trade with narcotics „nicht geringe Menge“ (= more than a small amount):
650 g amphetamine
270 g marijuana
250g hashish

(ongoing), AG Ingolstadt (local court)


Purchase of narcotics „in nicht geringer Menge (= more than a small amount):
100 g Amphetamine
20 g Cocaine
2 g MDMA

Revision audited, LG Kleve (district court)


Import of narcotics „nicht geringe Menge“ (= more than a small amount): 1,000 g cocaine

Financial penalty 100 rates per diem, AG Laufen (local court)

Import of narcotics: 27 g amphetamine

10 months custodial sentence on probation, AG Weißenburg (local court)

Trading with narcotics: 8g methamphethamine, previously convicted pertinently twice

Ravensburg juvenile lay assessor court

Trade in narcotics: 80 g marijuana 31 cases of purchase of narcotics: each 2 g marijuana

(ongoing), criminal police direction Friedrichshafen

Trade of narcotics „nicht geringe Menge“ (= more than a small amount): 500 g amphetamine

Cessation according to §170II StPO, Kempten public prosecutors

Purchase and possession of narcotics: 3 g marijuana 3 g marijuana 1 g amphetamine

(ongoing), Nürnberg-Fürth public prosecutors

Possession of narcotics „nicht geringe Menge“ (= more than a small amount): 68 g marijuana 100 g amphetamine 10 ml ketamine

9 months custodial sentence on probation, AG Eggenfelden (local court)

Production of narcotics „nicht geringe Menge“ (= more than a small amount): 10 g hashish 210 g marijuana

(ongoing), Bad Kreuznach public prosecutors

Trading of narcotics „nicht geringe Menge“ (= more than a small amount): 4,000 g amphetamine

(ongoing), Ulm public prosecutors

Possession of narcotics „nicht geringe Menge“ (= more than a small amount): 35 g amphetamine 10 g methamphethamine

Acquittal, AG Schwandorf (local court)

accessory to trade with narcotics „nicht geringe Menge“ (= more than a small amount): 185 g marijuana

(ongoing), AG Ravensburg (local court)

Trading of narcotics „nicht geringe Menge“ (= more than a small amount): 600 g amphetamine

Financial penalty, 40 rates per diem, AG Landau a.d. Isar (local court)

Possession of narcotics: 28.5 g hashish