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@ TheGrinder
2025-05-13 08:14:53
Technically Merz committed several felonies by returning to Germany. To prevent prosecution he could however rely on §31 BtMG which requires him to put the blame on Macon, the bag holder. It's a snitch § in German law. Then there is the case of narco-trafficking which automatically applies if you bring ANY drugs into the country from a non-EU country.
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Entering Germany by Plane with Cocaine
If a person enters Germany via a flight from a non-EU country and is found with cocaine in their luggage or on their person, the following legal consequences arise:
1. Possession of Cocaine (§29 BtMG)
* Illegal possession of cocaine is punishable, regardless of quantity.
* If the quantity is not considered “significant”, the offense may be treated less harshly.
Penalties:
* Up to 5 years imprisonment or fine
Prosecutorial discretion (§31a BtMG) may be applied in small quantity for personal use, especially for first-time offenders
Example: BGH, Urteil vom 13.07.1993 – 1 StR 278/93
The Federal Court of Justice (BGH) ruled that 5 grams of cocaine can still be considered a minor amount in some contexts, depending on purity and intent.
2. Consumption of Cocaine
Consumption alone is not directly punishable under German law.
However, possession for consumption is punishable.
Legal note:
Prosecutors may choose not to prosecute for personal use under §31a BtMG if:
* It’s a small quantity
* No public interest in prosecution
* No prior significant drug offenses
3. Trafficking / Smuggling of Cocaine (§29a, §30, §30a BtMG)
If the person is:
* Bringing cocaine into Germany = Importation
* Intending to sell/distribute = Trafficking
These are considered serious crimes, especially if the quantity is deemed "non-geringe Menge" (non-small quantity).
Non-small quantity for cocaine:
~ 5 grams of pure cocaine is the legal threshold for aggravated charges
Aggravated Trafficking (§29a BtMG)
* Possession of significant quantities with intent to distribute
* Penalty: 1–15 years imprisonment
Severe Smuggling Offenses (§30, §30a BtMG)
* Importing large quantities
* Organised crime involvement
* Carrying weapons while trafficking
Penalty: Minimum 2 years, up to 15 years
Example: BGH, Urteil vom 23.10.2003 – 3 StR 153/03
Accused smuggled ~1kg cocaine from South America; convicted under §30 BtMG and sentenced to 7 years imprisonment.
Possible Legal Charges (examples for pressing charges)
"Unlawful importation of narcotics in non-small quantity"
§29(1) No. 1, §30 BtMG
"Possession of narcotics with intent to traffic"
§29a BtMG
"Violation of the German Narcotics Act by importing and possessing cocaine"
Conclusion
Entering Germany with cocaine—even small amounts—has serious legal consequences. Authorities distinguish between personal use, possession, and trafficking, but any form of importation raises the stakes considerably. Penalties range from fines to over a decade in prison, depending on quantity and intent.