Not small amount of THC

What is THC and what does „not a small amount“ mean?

THC stands for tetrahydrocannabinol and is a psychoactive substance found in hemp plants. The „not small amount“ is a legal term that is mainly used in connection with the possession or trafficking of narcotics such as THC. A „not small quantity“ of THC is deemed to exist if it is a quantity that significantly exceeds a user's personal requirements. Anyone who violates the Narcotics Act and possesses or trades „not small quantities“ of THC must expect to face considerable penalties. It is therefore important to seek advice from a competent lawyer in the event of an accusation.

What are the penalties for possession or trafficking of THC?

There are severe penalties for possession or trafficking of „not small quantities“ of THC. These range from fines to long prison sentences. Your driving license may also be at risk if you violate the Narcotics Act.

In the event of a charge of possession or trafficking of „non-small amounts“ of THC, you should contact an experienced SITTIG LAW attorney as soon as possible. They can help you protect your rights and build an appropriate defense.

How is the „not small amount“ of THC determined and what factors play a role?

As with other narcotics, the „not small amount“ of THC is calculated on the basis of various factors. These include the effect profile and the form of consumption. The extremely dangerous dose is determined on this basis. If this is not possible, the average unit of consumption is determined, which is then multiplied by a number based on the intoxicating effect and the dangerousness of the narcotic drug (known as the unit of consumption, e.g. 500 for cannabis).

In the case of a charge of possession or trafficking of „not small amounts“ of THC, it can be crucial for the defense to determine the exact amount of THC that was contained in marijuana or hashish. Our lawyers specializing in criminal narcotics law can help you with this.

How can defendants in the event of an accusation what is the best way to proceed?

It is best to consult a lawyer as soon as possible if you have been charged with possession or trafficking of „not small amounts“ of THC. They can check the legality of the accusation and help you with your defense.

It is important that you provide our lawyers with all relevant information and work closely with them. This is the only way to build an effective defense that protects you from significant penalties.

What impact does a conviction for „not a small amount“ of THC have on the future of the person concerned?

A conviction for possession or trafficking of „not small amounts“ of THC can have serious consequences for the future of the person concerned. In addition to the penalties already mentioned, such as fines and prison sentences, a conviction can also have long-term consequences, such as an entry in the criminal record or problems finding a job. Our lawyers at SITTIG LAW have many years of experience in criminal law relating to narcotics and can assist you if you are accused of possessing or trafficking „not small amounts“ of THC.

Not a small amount of THC after the „legalization“ of cannabis use

Neither the Narcotics Act nor the newly enacted Consumer Cannabis Act (KCanG) contains a definition of the term "not a small amount". As the legislator has not set a limit value, this must be determined by case law.

The Federal Court of Justice has now issued its first ruling on this after the KCanG was passed. In doing so, the Senate focuses on the unchanged mode of action and dangerousness of tetrahydrocannabinol and considers the characteristic „not a small quantity“ of the sentencing rule in Section 34 (3) sentence 2 no. 4 KCanG to be fulfilled if the cannabis product in question contains at least 7.5 g THC.

The Senate gives the following reasons for this:

• The Federal Court of Justice has already taken into account the lower danger of cannabis products compared to other narcotics when setting the limit value of 7.5 g THC
• The provision in Section 34 (3) sentence 2 no. 4 KCanG gives no reason to set the threshold value of the non-minor quantity higher than under Section 29a BtMG.
• The meaning and purpose of the provision in Section 34 (3) sentence 2 no. 4 KCanG speak in favor of retaining the limit value of 7.5 g THC developed on a scientific basis.
• No change to the regulatory purpose of Section 29a BtMG, namely to prevent the use of cannabis. The legal system also does not prevent the limit value developed for Section 29a BtMG from being retained.

Defence lawyers are currently criticizing this ruling and discussing whether it is unconstitutional.

Our view: A possible unconstitutionality of the ruling is obvious.

The KCanG reflects the legislator's changed assessment of dangerousness.

The Federal Government considers the previous limit value to be outdated and had previously assumed that it would be overtaken by case law because it was not legally defined and wrote in its explanatory memorandum to the draft law: „In the light of the legalized quantities, it will no longer be possible to adhere to the previous definition of a non-minor quantity and the limit value will have to be significantly higher than in the past“.

The current ruling of the BGH thus contradicts the clearly formulated will of the legislator, which expressly points out that the non-minor quantity in the KCanG must be significantly higher than before due to the changed risk assessment.

However, the judiciary is not permitted to determine the conditions of a punishment against the will of the legislator. If it does so, this constitutes a violation of the criminal law principle of certainty, the strict reservation of the law in Art. 103 II GG.

Whether the judgment is actually unconstitutional must be reviewed in the context of a constitutional complaint.

Conclusion

Overall, it appears that possession or trafficking of „not small amounts“ of THC carries significant penalties. If you are charged with possession or trafficking of „not small amounts“ of THC, do not hesitate to contact the law firm SITTIG LAW. Our lawyers have many years of experience in criminal narcotics law and will be happy to provide you with advice and assistance. 

Simply contact us at any time and let us advise you.