Deutsche Fassung: § 29 BtMG: Straftaten & Strafe

Cocaine & MDMA Possession in Germany: Charges for Foreigners

A bag search at a club entrance, a police check after a festival, a sniffer dog at the airport – and suddenly you are accused of cocaine or MDMA possession in Germany. Unlike cannabis, nothing has been relaxed for other drugs. Even a single gram is a criminal offence, and larger amounts can lead to prison and immediate detention. It is not right that one night should decide your future in a country whose legal system you do not know. This article explains what you are facing and how to protect yourself now.

Is possessing a small amount of cocaine a crime in Germany?

Yes. Possessing, buying or bringing in cocaine, MDMA, ketamine, amphetamine or other narcotics is a criminal offence from the first gram (§ 29 BtMG). The penalty ranges from a fine to five years in prison. Consumption itself is not punishable – but anyone who consumes has usually possessed the drug beforehand.

Can a drug case for a small amount be dropped?

Sometimes. For small amounts intended for personal use, the prosecutor can refrain from prosecution (§ 31a BtMG). In Bavaria, however, this rule is applied strictly, especially for cocaine. More often, cases are closed against a payment or end with a penalty order. Whether a discontinuance is realistic depends on the amount, the substance, your record and what you said to the police.

Unlike cannabis, cocaine and MDMA remain fully prohibited in Germany – possession is a criminal offence from the first gram.

What is a „not insignificant quantity“ of drugs?

Above this threshold, possession becomes a serious crime with a minimum sentence of one year (§ 29a BtMG). Decisive is not the weight of the powder or pills, but the amount of pure active ingredient determined by a laboratory. A few grams of high-purity cocaine can already cross the line.

What happens if you bring drugs into Germany?

Import is punished more severely than possession. Bringing in a „not insignificant quantity“ carries a minimum sentence of two years (§ 30 BtMG). Customs at airports and border crossings check travellers systematically. Even for small amounts, visitors without a residence in Germany must expect a security deposit – or, for larger quantities, pre-trial detention in Germany.

What happens to your driving licence after drug use?

Driving with cocaine, amphetamine or MDMA in your blood is an administrative offence even without visible impairment (§ 24a StVG). For holders of a German licence, the consequences go much further: proven use of hard drugs generally leads to the withdrawal of the licence by the authority – even if you never drove under the influence.

Many drug cases against foreigners start at the airport – import is punished more severely than possession.

What are the consequences for expats and foreign nationals?

A drug conviction can have consequences beyond the penalty. For non-German residents, drug offences can create a serious interest in expulsion under residence law. They can also block a later naturalisation. Travellers may have to declare a drug offence when applying to enter certain countries, for example the United States. That is why a discontinuance is often the decisive target of the defence.

What should you say to the police after a drug find?

Nothing about the drugs. Do not explain where they came from, how often you use them or whether they were „only for personal use“. Statements like these often decide between possession and dealing. Your silence may not be used against you. Cannabis cases follow different rules – see our article on cannabis rules in Germany.

How can I help you with a drug charge in Germany?

Drug law is one of my core areas as a specialist criminal lawyer in Munich. I request access to the file, check whether the search was lawful and whether the laboratory analysis of the active ingredient is correct – in English. Many cases can be resolved without a trial. The goal, at best, is that your case is dropped or ends with a result that does not affect your future.

What are the defence lawyer’s final tips?

Defence lawyer’s tip 1: The earlier you involve a lawyer and the earlier they can steer the case, the better the results that can usually be achieved in your investigation or criminal proceedings.
Defence lawyer’s tip 2: Always make use of your right to remain silent! It is one of your most important rights as a suspect. You do not have to incriminate yourself. Do not make any statement about the allegations. Do not attend a police summons for questioning either – contact a lawyer specialising in criminal law first.

Please do not talk to the police – talk to me!

Next steps:

• Contact me at +49 89 228433-55.
• You receive an appointment within 48 hours.
• We discuss your case, including an assessment of your prospects.
• Once instructed, I request access to the case file.
• As soon as the file is available, we plan our strategy together.