Arrested for Cannabis Possession in Germany?

In principle in Germany, the possession of even the smallest amount of illegal drugs is a criminal offence and will be prosecuted. In practice, however, German police and prosecutors use a pragmatic approach: for Cannabis (Marijuana) there is an unofficial threshold of (depending on where you were caught) anywhere between 5 grams (in very strict and conservative German states like Bavaria) and 10 grams (in more permissive states like Berlin). The weight specification refers to pure THC (tetrahydrocannabinol), i.e. the active ingredient. This usually equals 30 to 50 grams of actual cannabis plant harvest material, depending on the quality. For more information on this small drug amount policy of German law enforcement see here.

If what the authorities find on the person is below that amount, there is a chance of convincing the German prosecutor to discontinue the investigation on payment of a small fine or even – depending on the circumstances – without a fine. If the amount is larger or if the offender has a criminal drug record, then there is a much more serious problem. The same is true if the prosecutor charges you for dealing drugs, even if only very small amounts. Continue reading