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

Your German Lawyers for drug law and narcotics. We represent you throughout Germany. Our successes speak for themselves: References

Immediate non-binding valuation: :
+49 8654 7767 333

Your specialists for drug-related offences:

Konstantin Grubwinkler

Narcotics lawyer, Criminal defence lawyer

Konstantin Grubwinkler is head of the department for drugrelated offence law and is your narcotics lawyer in Germany. His areas of focus are the following offences against the BtMG: trade/“dealing“/“trafficking“ (Handeltreiben) , possession of a „nicht geringe Menge“ (= more than a small amount) (Besitz nicht geringe Menge), cultivation (Anbau), production (Herstellung) and import (Einfuhr) of drugs and narcotics. Konstantin Grubwinkler leads the department for narcotics law nationwide and as a lawyer for criminal law he also is the head of our subsidiary in Eggenfelden.

Andreas Achatz

Narcotics lawyer, Criminal defense lawyer

Solicitor Achatz Dipl.-Jur. Univ. is criminal defence lawyer for drug-related offences (BtMG) in Germany and german lawyer for drug offences. Also cases which concern juvenile criminal law with offences against the BtMG fall under his remit. As solicitor for criminal law he is also competent for criminal procedural law in Freilassing.

Julia Reubel

Lawyer for german traffic law, Criminal defence lawyer

Julia Reubel Dipl.-Jur. Univ. is your defence lawyer in vehicular traffic cases in Germany and drug-related offences which are related to vehicular traffic. Her areas of focus in narcotics law are cases related to criminal traffic law, cases involving driving licenses related to german narcotics law. Her application areas are: driving under the influence of alcohol, drugs and/or pharmaceuticals, narcotics law, intoxication in vehicular traffic and cases concerning your driving license.

Johanna Mathäser

Criminal Defence Lawyer

Johanna Mathäser is a criminal defence lawyer and your consultant in cases concerning your driving license or insurance criminal law (Versicherungsstrafsachen). Her areas of focus are liability law (Haftpflichtsachen) and general criminal law (allgemeines Strafrecht). Her main areas of application are: cases concerning liability insurance after intoxication in traffic and offences against the narcotics law (BtMG) and insurance fraud cases such as insurance abuse (§265 StGB).

Sandra Hofmeister

Criminal defence lawyer

Stefan Unrein

Criminal Defence Lawyer

Sandra Däschlein

Criminal defence lawyer

Lisa Stölzle

Criminal Defence Lawyer

Manuel Schuhböck

Criminal defence lawyer

Marc N. Wandt

Criminal Defence Lawyer

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

Court-appointed (Pflichtverteidigung) defence by a lawyer for narcotics law (BtMG)?

In suitable cases we also accept court-appointed defence (Pflichtverteidigung) concerning narcotics law. This especially holds true if you are accused of possessing a „nicht geringe Menge“ (= more than a small amount) or a more than small amount was found on you.

Konstantin Grubwinkler, your lawyer for narcotics criminal law and drugs-related offences in Freilassing, is able to defend you throughout Germany in cases of narcotics criminal law.

„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“:
Cannabis: 7.5 g THC
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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