What's the penalty if you're caught with cocaine in Germany?
The number of adults in Germany who consume cocaine has more than doubled in the past ten years, according to the Centre for Addiction Research (ZIS).
Wastewater analyses also reveal new record levels of cocaine residues each year.
An evaluation by the health insurance group BARMER found that, within the same time, the number of patients who needed medical treatment for cocaine abuse has more than tripled.
A recent
report by Tagesschau
highlights the scale of the issue: the drug can be ordered on Telegram
as easily as take-out food
, and around one in four users may develop a psychological dependence, which comes with increasingly severe health risks.
And then there are the legal consequences.
Most everyone is aware that recreational cocaine use is illegal, and can come with serious penalties including jail time. But the the legal status of cocaine does vary between countries, and foreigners in Germany may not be clear on the legal penalties for possessing or using the drug.
Seized cocaine packets lie on a pallet during a press conference at police headquarters. The Hamburg police had seized more than 2 tons of cocaine last year. Photo: picture alliance/dpa | Marcus Brandt
How does German law deal with cocaine?
In brief, unauthorised possession or purchase of drugs are criminal offences in Germany and can be punishable by up to five years in prison.
Cocaine is specifically listed among several narcotics categorised as a "prohibited substance" under German law.
However, especially for first-time offenders caught with small amounts of the drug, German law doesn't always require prosecution.
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According to information shared by the
legal firm Schlun & Elseven
, when considering whether or not to prosecute a cocaine offender, German authorities consider if the suspect is a repeat offender, if the suspect was selling the drug, if the offence was related to organised crime and also the quantity of the drug that was found.
The German Narcotics Act generally differentiates between offences involving a "small quantity for personal use", a "normal quantity" and larger quantities.
The exact amount that can be considered a "small quantity" is not specifically defined, and limits can vary from state to state. For example, in Hamburg the limit is one gram of cocaine, whereas in North Rhine-Westphalia it's 0.5 grams.
This is not to say that having cocaine in an amount that is less than one gram is allowed in Hamburg, but first time offenders caught with this amount have a better chance of seeing their penalty waived if there are no other aggravating circumstances.
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Use versus possession
Interestingly, cocaine use is not named as a punishable act in the German Narcotics Act. Rather possession and certainly sale, transport or cultivation are the strictly punishable offences.
However, the difference between using the drug and possessing it can be tricky to differentiate legally. Carrying any amount of the drug on your person, or having it at your house or on your property would be considered possession.
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Driving under the influence
Anyone driving a vehicle under the influence of intoxicating substances is liable to prosecution under the German Criminal Code. Especially in the case of cocaine use, being caught driving under the influence can lead to a criminal conviction.
Generally, in cases where no one was harmed, offenders can face a fine or a prison sentence up to one year, as well as their driving licence being revoked.
If the offence causes an accident where another person's personal safety was endangered, the penalty could increase up to a five year prison sentence.
Impact on immigration status
It's worth remembering that any criminal offence can have a direct impact on your immigration status, including your ability to stay in the country or renew your residence permit.
Charges that carry a sentence of more than 90 days of prison time can also bar you from applying for citizenship.
And though you may get away with a warning if you're caught with a small amount of cocaine, authorities do have leeway to bar some types of offenders regardless of whether they serve time - including for crimes such as drug possession.
READ ALSO:
Which criminal offences could get you barred from German citizenship?
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