What happens if the police find cannabis in your flat?

If the police find cannabis in your flat, the course of events depends mainly on the amount, the type of material and the circumstances. The possession limits of § 3 of the Consumer Cannabis Act (KCanG) are decisive: up to 25 grams for personal use and, at your place of residence, up to 50 grams for flowers, leaves close to flowers and other plant material. A find is not automatically a criminal offence. It can, however, lead to consequences that should be taken seriously.

What matters in the assessment

For the legal assessment, the most important factors are the amount, the type of material, the number of plants and who lives in the flat. The amounts for flowers and plant material refer to the weight after drying.

These factors determine whether possession remains within the permitted limits. A find within the limits is assessed differently from a find above them. Plants also matter: home cultivation at the place of residence is limited to three plants at a time under § 9 KCanG.

Possible consequences of a find

The consequences depend on the individual case. If possession stays within the limits, the find usually has no criminal consequences, provided no other offences are involved. If the amount exceeds the limits, the scale matters: anyone who possesses more than 50 and up to 60 grams in total at their place of residence commits an administrative offence under § 36 KCanG. Above 60 grams, or with more than three living plants, a criminal offence exists under § 34 para. 1 no. 1 KCanG.

This guide deliberately does not name fine amounts or fixed penalties for individual cases. These depend on the circumstances of each case. If you are affected, read the notice carefully and observe the deadlines.

Seizure

The police can seize cannabis, that is, take it into official custody. Whether and when you get the material back depends on the further proceedings. Which steps follow in your case should be assessed by a specialist.

Plants can also be affected. At your place of residence, up to three living plants are permitted under § 3 para. 2 no. 2 KCanG. For cultivation, the number of plants and their connection to your place of residence matter.

What to do during a search

Stay calm during a search. Remain factual, do not let yourself be pressured into making statements, and ask for your lawyer to be called. Under § 136 para. 1 of the Code of Criminal Procedure (StPO), a suspect is free to make a statement about the accusation or not to give evidence on the matter. A suspect may also consult a defence counsel at any time.

• Stay calm and factual, even if the situation is unpleasant.
• Do not give explanations about the amount or where it came from before you have taken advice.
• Ask for a lawyer to be contacted and, if possible, to be present.
• Ask for copies of the search and seizure records when they are drawn up.
• Later, note the date, time, people involved and the sequence of events.

Objection and deadlines

If you receive a fine notice, you can usually file an objection. The deadline is two weeks from service (§ 67 OWiG, the Administrative Offences Act). Anyone who misses the deadline often loses the chance to have the notice reviewed. The article on objecting to a fine notice explains the steps in brief.

Why a lawyer helps early

A find can have consequences beyond the proceedings, for example for your driving licence; the driving licence authority can provide information on this. A lawyer with experience in narcotics law reviews the file, explains your options and helps with communication with the authority. This is especially worthwhile if the amount is just above the limit or if proceedings are already underway. Early advice helps you avoid mistakes.

Typical mistakes after a find

Many people make two mistakes after a find. The first is saying too much, because they feel they have to explain themselves. The second is destroying evidence, for example by throwing away plants or getting rid of documents. Both can make the situation worse. It is better to change nothing until a lawyer has assessed the situation.

A third mistake is letting deadlines pass. Notices from the authority often contain information about objection deadlines. Note the date of service and check the notice promptly so that no deadline runs out.

The role of counselling

A counselling centre helps to put the situation in order, even though it does not replace legal advice. It can clarify questions about addiction, housing and how to deal with those around you. For the legal assessment, a lawyer with experience in narcotics law is the right contact.

Counselling should start early, because the deadline for an objection runs from service of the notice. An overview of penalties and proceedings is available in the article on whether a fine has to be paid immediately.

What you can prepare for counselling

Write down what happened, when it happened, who was present and which documents you received. This timeline helps the lawyer grasp the situation quickly. Keep notices and records together so that nothing gets lost.

What you can do now

Gather documents that prove your home cultivation or your membership of a club, if you have them. Note what was shown to you and what was taken from you. Get legal advice before you reply in writing. The text of the law on possession limits is available at § 3 KCanG. If you receive a notice of prosecution, the article on the process after a report to the police helps. A topic overview is available on the Law and regulation topic page. This article does not replace legal advice.