Possessing a drug for personal use is not always a criminal offence. At the same time, it is not true that a person who does not intend to sell the drug cannot be criminally liable. What matters above all is the type of substance, its quantity and the purpose for which it is held. In addition, special rules have applied to cannabis since 2026.

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Small quantity and greater than small quantity

For substances such as methamphetamine or cocaine, the law distinguishes between unauthorised possession of a small quantity and of a quantity greater than small. A small quantity for personal use may be an administrative offence. Possession of a quantity greater than small may, if the other statutory conditions are met, including intent, constitute a criminal offence under Section 284 of the Criminal Code. The fact that something is not a criminal offence therefore does not yet mean that possession is permitted.

What "for personal use" means

The term "for personal use" means that the substance is intended exclusively for the personal consumption of the person who holds it. It does not, however, determine how large a supply that person may have. Even a drug intended only for that person may thus be held in a criminal quantity. Moreover, possession does not cover only the situation where a person has the drug directly on them. They may, for example, have it stored at home.

What is a "quantity greater than small"

So what does "quantity greater than small" mean? The Supreme Court interpreted this term in more detail in its opinion file no. Tpjn 301/2013 of 13 March 2014. In general, it is a quantity several times exceeding the usual dose of an ordinary user of the particular drug. The annex to the opinion contains indicative values for individual substances.

It is not, however, a simple table by which it would be enough to weigh the contents of the bag found. What matters most is the amount of the active substance. The same weight of two samples therefore need not lead to the same legal assessment. The Supreme Court also allows the user's circumstances, for example the stage of addiction, to be taken into account as a supporting factor. The values given therefore cannot be understood as a universal threshold of permitted possession.

Handing a drug over to someone else

Personal consumption must be distinguished from procuring a drug for someone else. This need not involve a sale or any profit. Handing a drug over free of charge may also be criminal, and the quantity threshold set for one's own possession does not provide a general exemption from criminal liability here.

Cannabis since 1 January 2026

Separate rules have applied to cannabis since 1 January 2026. Persons over 21 may hold for personal use no more than 100 grams of cannabis in their dwelling or 25 grams outside it. For cannabis containing more than 1 % THC, a quantity above 100 and up to and including 200 grams in the dwelling, or above 25 and up to and including 50 grams outside the dwelling, falls within the administrative offence range. Exceeding 200 grams in the dwelling or 50 grams outside it may constitute a criminal offence. For younger persons, the permitted limits above do not apply.

What matters in a specific case

When assessing a specific case, the number of grams alone, or the claim that the drug was intended for oneself, is therefore not enough. It is necessary to establish what substance it is, in what quantity and composition it was held, and for whom it was intended. Only on the basis of these circumstances can permitted possession, an administrative offence and a criminal offence be distinguished.

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