The most important facts at a glance
- The not-small quantity for amphetamine is 10g amphetamine base
- Early legal support and the right defense strategy can often make a suspended sentence possible
- For a successful defense, the exact determination of the amount of active substance and possible grounds for mitigation are crucial
Understanding the legal situation
If you or a relative have been convicted of possession or trafficking in amphetamine, a BTM, If you are accused of using drugs in quantities that are not small, you face a serious legal situation. According to § 29a BtMG, a minimum prison sentence of one year may be imposed if the quantity is exceeded. The legal consequences can be far-reaching and have a considerable impact on your professional and private future.
What does "not a small quantity" mean in concrete terms?
In its landmark decision, the Federal Court of Justice defined the not insignificant quantity of amphetamine as 10 grams of amphetamine base. The decisive factor for this assessment is not the total weight of the seized substance, but only the pure active ingredient content. This is particularly important as amphetamine is often heavily diluted on the black market - typically with lactose, caffeine or glucose. The average active ingredient content is often only between 3% and 10%.
Penalties and legal consequences
The Narcotics Act stipulates a minimum prison sentence of one year for exceeding a non-minor quantity. In the most serious cases, the penalty can be up to 15 years imprisonment. The exact sentence depends on various factors, such as the specific quantity, the circumstances of the offense and your personal situation. Under certain circumstances, the sentence can be suspended on probation.
The importance of the active substance report
In the preliminary proceedings, the public prosecutor's office commissions an expert opinion on the active substance, usually from the State Office of Criminal Investigation. This report is decisive for the further course of the proceedings. Our experience shows that even in the case of larger quantities of 200 to 700 grams, the not insignificant quantity is sometimes not exceeded due to the low active substance content. A precise examination of the expert opinion is therefore essential for your defense.
Effective defense strategies
A successful defense is based on several pillars. First of all, the investigation files in general are examined in detail. If the drug report is available, this must also be carefully examined for accuracy. We then develop an individual defense strategy that exhausts all legal options. This may include the evaluation of treatment options or the determination of mitigating circumstances.
Behavior in the event of police contact and house searches
The correct behavior during a police check or house search can be decisive for the further course of the proceedings. Keep calm and remain polite. Do not make any statements on the matter until you have spoken to a lawyer. Ask to see the search warrant and document the course of the measures as well as possible.
The first steps after an accusation
The time immediately after an accusation or arrest is critical for the further course of proceedings. In a consultation, we will analyze your individual situation and develop initial recommendations for action. The earlier you seek legal support, the better your chances of a favorable outcome to the proceedings.
Frequently asked questions
The not insignificant quantity is 10 grams of pure amphetamine base. The decisive factor here is not the total weight of the substance seized, but the pure active ingredient content.
The law provides for a minimum prison sentence of one year, with a maximum sentence of 15 years. Under certain conditions, the sentence can be suspended on probation.
A suspended sentence is possible even if the quantity is not small if certain conditions are met. Factors such as confession, willingness to undergo therapy and social integration as well as the circumstances of the offense are decisive.
Remain calm and do not make any statements on the matter until you have spoken to a lawyer. Ask to see the search warrant and document the course of the measures.
Criminal proceedings can last several months. The duration depends primarily on the time required to prepare the expert opinion on the active substance and the complexity of the case.
The costs depend on the individual case and the complexity of the proceedings.
Pre-trial detention is only ordered if there are certain grounds for detention, such as risk of flight or risk of concealment. Pre-trial detention can often be prevented by early legal representation.
The active substance report determines the actual purity content of the seized substance and is therefore decisive for the legal classification. As amphetamine is often highly diluted, the actual active substance content is often significantly lower than the total weight.
A confession is usually taken into account to mitigate the sentence and can increase the chance of a suspended sentence. The exact effect depends on the time and extent of the confession.
Convictions for BtMG offenses often result in the withdrawal of a driver's license and the ordering of an MPU.
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