Ask a lawyer on the topic of Criminal law

Violation of the Narcotics Act

October 15, 2009 | 20,00 EUR | answered by Steffan Schwerin

Dear experts,

Last week, I received a letter from the Criminal Investigation Department. It stated that I am being requested to attend an interrogation/hearing as a suspect in the investigation for a violation of the Narcotics Act.
Despite internet research and advice not to appear and immediately hand the matter over to a lawyer, I followed up on this summons today. I was not aware of any guilt and wanted to know what it was all about.
The police explained to me that there had been a search at an online retailer, where my data was also found. This online retailer sells herbal mixtures. The police now have 3 printed invoices with my data and orders on them.
I did not comment on the matter to the police, only provided my personal details. However, I did not make any statements regarding the facts. No drug tests were conducted on me today.
The affected herbal mixtures were legal for a long time in Germany. However, this changed at the beginning of the year, and they are now classified under the Narcotics Act.
The online retailer explicitly stated on their website that their products do not contain any illegal substances and comply with the new legislation.
Now, my questions. What can I expect now? The police also wanted to know if I have a driver's license, which I answered yes to. Due to my situation, as I am still studying and plan to enter the civil service in Bavaria afterwards, I am particularly interested in whether I will have a record for violating the Narcotics Act. I have never been in contact with the police before.
Can I be held accountable even though the retailer explicitly stated the legality? I must urgently prevent myself from receiving a record for violating the Narcotics Act. I am also afraid that the matter will be passed on to my licensing authority.
Thank you for your hopefully prompt response! ;)

Steffan Schwerin

Dear questioner,

I will answer the questions you have asked, taking into consideration the circumstances described and your input, as follows:

It was good that you did not comment on the matter previously. You should now hire a local attorney to defend you in this matter. The colleague will then request access to the files and can discuss the next steps with you.

Since it is not specified what substance is involved, it cannot be discussed to what extent a violation of the Narcotics Act exists and what specific consequences may arise.

However, it can be assumed that for a first offense, there will not be a severe penalty, let alone an entry in the Federal Central Register.

The attorney may be able to negotiate a settlement with a fine in this case.

However, the fact that the offered goods are legal does not necessarily mean that you will not be held accountable for a violation.

With the help of an attorney, there is nothing to fear here. In particular, the attorney can work to ensure that your entry into public service is not jeopardized.

I must point out that this platform cannot replace a detailed and personal legal consultation. The goal is solely to provide an initial rough assessment of your legal issue based on the information you have provided to a lawyer. The legal advice I have given is based solely on the information you have provided. By adding or omitting relevant information in your description, a completely different legal assessment may result.

I hope that I have given you an initial overview and that my explanations have been helpful. Please feel free to contact me through the follow-up option on this platform.

Furthermore, I am available for representation. The initial consultation fee would be credited in full.

Greater distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, mail, fax, and telephone, representation is still possible.

Best regards,

Steffan Schwerin
Attorney at Law

Law Office of Steffan Schwerin
Golmsdorfer Straße 11
07749 Jena

Tel.: 03641 801257
Fax: 032121128582

Email: raschwerin@raschwerin.de

Website: www.raschwerin.de