Restriction of drug trafficking prosecution to non-lesser quantity charges and exclusion of concurrent simple cannabis possession

The Federal Court of Justice (BGH) affirmed the lower court's judgment in part by restricting criminal prosecution to the charge of drug dealing in a non-lesser quantity, which stands in concurrence with possession of drugs in a non-lesser quantity, while excluding the concurrent charge of simple cannabis possession; the defendant's revision was otherwise dismissed as unfounded, leaving the original sentence for the restricted charges in force and requiring the defendant to bear the costs of the appeal. The dispute concerned the scope of final judgment and procedural admissibility following a second-instance trial for drug offenses, where the defense challenged the conviction for possession of cannabis. The decisive legal basis involved the application of concurrence of offenses (Tateinheit) under German criminal procedure, specifically allowing the highest court to limit the scope of prosecution to the more serious underlying crime while dismissing the lesser concurrent charge to satisfy procedural requirements without a full retrial.