Under Section 31a of Germany’s Betäubungsmittelgesetz (BtMG), a public prosecutor can drop a narcotics case without a trial when someone is caught with a small quantity of a controlled substance for personal use, their degree of blame is low, and there is no public interest in pursuing prosecution. The case closes with no conviction and no entry in the federal criminal register. It is not automatic, it does not apply to cannabis anymore, and it does not protect your driver’s license.
What Section 31a Actually Does
Section 31a gives the prosecutor’s office the power to discontinue proceedings for basic narcotics offenses under Section 29 of the BtMG. That covers growing, producing, importing, acquiring, and possessing a narcotic in a small quantity exclusively for personal use.1Federal Ministry of Health. Narcotic Drugs Act It does not cover trafficking, dealing, or any of the aggravated offenses under Sections 29a, 30, or 30a.
During the preliminary investigation, the prosecutor can dismiss the case on their own. Once formal court proceedings have started, the court can discontinue the case, but only with the prosecutor’s consent.1Federal Ministry of Health. Narcotic Drugs Act Most dismissals happen early, before charges reach a courtroom. There is no fine, no trial, and no conviction. The police record of the encounter still exists, and other authorities can see it.
The Three Conditions for a Dismissal
All three of the following must be present before a prosecutor can use Section 31a.2Gesetze im Internet. Betaeubungsmittelgesetz BtMG 31a – Absehen von der Verfolgung
- Minor guilt. Your degree of blame has to be low. Prosecutors weigh criminal history and the circumstances of the stop. A first or second encounter generally supports minor guilt; repeated contact with police over a short period does not.
- No public interest in prosecution. There must be no compelling reason for the state to pursue the case, such as endangerment of others, a sensitive location, or connection to other criminal conduct.
- Personal use only, in a small quantity. Any sign of dealing or supplying others ends eligibility entirely. Packaging consistent with distribution, scales, or quantities beyond personal consumption all disqualify.
Prosecutors apply these together rather than tick them off. A first-time user caught with a small amount at home almost always qualifies. Someone caught repeatedly, or with signs of distribution, does not.
When Public Interest Blocks a Dismissal
Even a small amount and a clean record will not save a case when the circumstances suggest a wider risk. Drug use at or near schools, playgrounds, youth centers, and other places frequented by children is the clearest trigger. That alone establishes a public interest in prosecution.
Open consumption in public can also tip the balance. Prosecutors treat visible drug use as a threat to social order worth pursuing regardless of the quantity. The same goes for possession tied to disorderly conduct, situations that put bystanders at risk, or a pattern of similar violations that undercuts the “isolated incident” picture.
How “Small Quantity” Changes by State
The BtMG is federal, but each of Germany’s sixteen states publishes its own administrative guidelines on what counts as a small quantity for Section 31a. The same facts can produce a dismissal in one state and a prosecution in another.
For hard drugs still governed by the BtMG, the thresholds are low. Cocaine guidelines run roughly 1 to 3 grams depending on the state, and heroin thresholds sit in a similar range.3European Union Drugs Agency. Threshold Quantities for Drug Offences Many states have not set formal gram limits for every substance, leaving it to prosecutorial judgment and case law.
In 1994 the Federal Constitutional Court held that while states may set their own thresholds, practice has to stay essentially consistent across jurisdictions, and that typical small-quantity personal-use cases involving no danger to others should generally be dismissed.4KrimZ. Discontinuing Prosecution of Drug Users According to Section 31a of the German Narcotic Drugs Act In reality, northern and more urban states apply Section 31a more liberally. Bavaria and other southern states are noticeably stricter on both thresholds and willingness to dismiss.
Active Ingredient, Not Gross Weight
Courts measure the active ingredient, not the total weight of what was seized. A gram of powder that is 80 percent cocaine and a gram that is 10 percent cocaine are not treated the same. The net amount of the psychoactive component determines whether the quantity is small enough for Section 31a and whether it crosses into the “non-insignificant quantity” range that triggers a mandatory minimum sentence.
This matters most for substances that are commonly diluted. A few percentage points of purity on the lab report can be the line between a dismissal and prison. Defense attorneys routinely challenge the lab analysis for exactly that reason.
What a Dismissal Does and Doesn’t Clear
A Section 31a dismissal means no conviction and no entry in the federal central criminal register. It is not a finding of innocence, and the police record of the encounter remains. That record can surface in administrative proceedings that run on their own legal track, independent of the criminal case.
The Driver’s License Problem
This is where a Section 31a dismissal misleads people the most. The driver’s license authority (Führerscheinstelle) can act on a drug encounter whether or not the prosecutor pursued charges and whether or not a vehicle was involved. It can order a Medical-Psychological Assessment, known as the MPU, based on the seizure alone.
Any drug-related police contact, including simple possession, can trigger an MPU. The authority typically allows two to three months to submit a positive MPU result. Miss that window and your license is revoked. Passing the MPU requires documented abstinence, usually through urine screenings or hair analysis over 6, 12, or 15 months depending on your consumption history.
For anyone who drives, this is often harsher than the criminal case. A Section 31a dismissal might wrap up in weeks. Getting your license back after an MPU can take over a year and cost several thousand euros in screening fees, preparation courses, and the assessment itself. Lawyer’s fees in the criminal matter follow the statutory ranges set by the Lawyers’ Remuneration Act, plus 19 percent VAT.5European e-Justice Portal. Costs The administrative side is a separate expense.
Penalties if Section 31a Doesn’t Apply
When a case does not qualify, the BtMG penalty structure is steep. Basic Section 29 offenses, including unauthorized possession, acquisition, and production, carry up to five years in prison or a fine.1Federal Ministry of Health. Narcotic Drugs Act That five-year ceiling is exactly the range Section 31a was built to filter at the low end.
Cases involving a non-insignificant quantity jump to a mandatory minimum of one year under Section 29a. Courts have set substance-specific thresholds through case law; for cocaine, around 5 grams of pure active ingredient is widely cited. Trafficking and import under Section 30 start at two years. Organized or armed trafficking under Section 30a starts at five. None of these aggravated provisions is touched by Section 31a.
Supplying any controlled substance to a minor carries a minimum of two years when the supplier is over 21 and the minor’s development is endangered.6Federal Ministry of Health. Frequently Asked Questions on the Cannabis Act
Section 31a Does Not Apply to Cannabis Anymore
As of April 2024, cannabis is no longer a BtMG narcotic. The Cannabis Act (KCanG) took it out of the BtMG annexes and placed it under its own regime, with its own possession limits and penalties.6Federal Ministry of Health. Frequently Asked Questions on the Cannabis Act Section 31a of the BtMG no longer governs cannabis cases. Older guidance that treats cannabis as a Section 31a question is obsolete. Every other controlled substance, from cocaine and heroin to synthetic drugs and certain prescription medications, remains inside the BtMG and inside Section 31a’s reach.