Not small amount of BTMG

What this means and how to defend yourself

The Narcotics Act (BTMG) regulates the handling of illegal drugs in Germany. An important term in this law is „not a small quantity“, which determines whether an increased range of punishment is available for a drug offense.

If someone is affected with a „not small amount“ of illegal drugs, prison sentences are inevitable

When dealing with “not small quantities” pursuant to Section 29a para. 1 no. 2 BtmG, the basic penalty range is from one year to 15 years imprisonment,

A penalty of 2 years to 15 years is generally imposed if narcotics are imported into the federal territory in quantities that are not small in accordance with Section 30 (1) No. 4 BtmG, so-called drug smuggling.

In the case of gang-related handling of narcotics in not small quantities, there is even a penalty of 5 years to 15 years in accordance with Section 30a (1) BtmG. The same applies if someone is carrying weapons when dealing with “not small quantities” in accordance with Section 30a (2) No. 2 BtmG.

 But what exactly is a „not insignificant amount“?

The “not small quantity” is initially determined on the basis of the pure active substance content of a narcotic.

To determine the individual quantity, the extremely dangerous, even lethal dose of the active substance is used first.

In the absence of reliable findings as to how high the extremely dangerous dose is, the average unit of consumption is used to determine the relevant individual quantity.

If the average unit of consumption required to achieve a state of intoxication cannot be determined either, the relevant individual quantity is to be measured on the basis of the daily requirement.

In a generalized comparison with other narcotics, the peculiarities of the respective active substance and its dangerousness must be taken into account in the measurement figure, which is multiplied by the relevant individual quantity, taking into account in particular the form of administration and consumption as well as the type and duration of use.

If none of the above-mentioned methods lead to a useful result, a comparison can be made with other active substances.

It is important to note that „not a small amount“ varies from narcotic to narcotic and that there is already higher court or at least specialist court case law on most drugs. An experienced lawyer such as Markus Sittig from SITTIG LAW in Hamburg, who specializes in criminal law and IT law, can help you assess your case and explain to you whether you are dealing with a „not small quantity“ of drugs and what consequences this may have.

If you are accused of possessing or otherwise handling a „non-minor amount“ of drugs, it is important to hire a qualified attorney quickly to ensure your defense. Markus Sittig and his team at SITTIG LAW in Hamburg have extensive experience in criminal law and can help you protect your rights and get the best possible results.

Depending on the situation of the case, a wide variety of defense strategies are conceivable.

It is important to understand that every case is unique and there is no guarantee of a specific outcome. However, an experienced attorney like Markus Sittig of SITTIG LAW in Hamburg can increase your chances of a favorable outcome by utilizing all available defense strategies and helping you navigate through the criminal process.