Small quantity

Germany

a small quantity designates the quantity of an illegal drug, up to which after §§ 29 exp. 5, 31a BtMG from a punishment to be refrained can do. It is a mistake to accept to that extent a fundamental impunity. The police proceeds by right from an available crime after § 29 BtMG. By the law no further prosecution is only operated. Concerning Cannabis is to be refrained here according to judgement of the Federal Constitutional Court from 1994 with exclusion from foreign endangerment from a prosecution in principle. For Cannabis are those approx. 7-20 g (gross) dependent on the Land of the Federal Republic.

During a exceeding of the small quantity first a “normal” quantity is present. A not small quantity plans a punishing threat of at least one year imprisonment, in case of of professional trade while punishable handling in accordance with § 29a BtmG or as a member of a gang (§ 30 Btmg) two years minimum imprisonment. Here it depends in each case on the forbidden substance , thus not on the gross quantity of the respective Darreichungsform. According to decision of the Federal High Court of 18. July 1984 (BGHSt 33, 8) concerns it a not small quantity of Cannabis, if the Cannabisprodukt concerned contains at least 7.5 g Tetrahydrocannabinol (THC).

In the BtmG is not regulated, how much a not small quantity is, this definition the courts (BGH), national Ministers of Justice and BtmG commentators was left.

Austria

major item: Craze central law (Austria) #Geringe, large and extra large quantities

also the Austrian craze central right differentiates between small, large and extra large craze central quantities, whereby to crimes with larger quantities stricter in principle punishments are attached. Exceptions are the acquisition and possession of craze means for the internal requirement, which are noticed more as health-political and less than kriminalpolitisches topic. As softly valid craze means such as MDMA, Cannabis and Cocain, usually larger limiting sets than hard craze means so mentioned (Opioide) have.

Announcements because of the acquisition and possession of small quantities of craze means must be put back generally in accordance with condition §§ of the 35 and 36 SMG for one Probezeit from two years. Provisional putting back of the announcement presupposes however a statement of the district administrative authority as health authority whether the indicating of a health-referred measure in accordance with § 11 exp. Requires 2 SMG. Therefore an announcement is usually connected with a socialmedical or psychiatric investigation because of craze central acquisition or - possession. The public prosecutor's office can refrain from the obtainment of a statement of the district administrative authority, if a person is exclusively indicated, because she materials or preparing from the Cannabispflanze in small quantity (less than 20 g THC) to the own use acquired or possessed, and if no reason exists to the acceptance that the person requires a health-referred measure. A statement is to be caught up however, if a person were already therefore indicated within the last five years before this announcement.

The lower bounds of the small quantity of a craze means, related to which pure substance of the active active substance, are in the craze poison limiting set regulation and Psychotropen Grenzmengenverordnung defines. The definition of limiting sets for craze poisons and psychotrope materials is incumbent on in accordance with § 28 exp. 6 and/or. § 31 exp. 3 SMG the health and Ministry of Justice. In addition a change of limiting sets for craze poisons must be approved by the main committee of the national council.

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