In Romania, penalties have been linked to the type of drug — ‘risk’ or ‘high risk’ — since 2004 and there are separate concepts of user and addict, according to diagnosis. The latest changes to the Criminal Code, which entered into force on 1 February 2014 reduced several penalty ranges for supply offences.
Drug consumption is forbidden, but no punishment is specified. In the case of possession for personal use of ‘risk’ drugs, the court can impose a fine or a prison sentence of three months to two years’, while possession of high-risk’ drugs attracts a prison sentence of six months to three years. A drug user who is convicted of any of these offences can avoid prison by agreeing to attend an integrated assistance programme; the consent of the drug user is a prerequisite for inclusion in such a programme. This has been enabled by, and is clearly defined in, the new Criminal Code (in line with an overall trend in the EU for such offences).
All actions related to the production and sale of ‘risk’ drugs are punishable by two to seven years’ imprisonment, while the range is 5-12 years for ‘high-risk’ drugs. Import or export of ‘risk’ drugs is punishable by 3-10 years’ imprisonment, which in the case of ‘high-risk’ drugs increases to 7-15 years.
Legal penalties: the possibility of incarceration for possession of drugs for personal use (minor offence)
NB Year of data 2015.
Reported drug law offences and offenders in Romania
NB Year of data 2015.
Following the emergence of new psychoactive substances (NPS) in Romania in 2009-10, two initiatives were adopted in 2011. The first strengthened the enforcement of various existing laws, such as consumer safety laws and tax laws; the second was a new law penalising unauthorised supply of any products with potential psychoactive effects, regardless of their intended use. The new law defines the characteristics as well as the procedure for how the supply of such products is to be authorised. Violations of the law are crimes punishable by prison sentences of six months to three years (the sentence is reduced if the psychoactive effects were not actually known to the seller).
Drug law offence (DLO) data are the foundation for monitoring drug-related crime and are also a measure of law enforcement activity and drug market dynamics; they may be used to inform policies.
In 2015, a total of 6 718 people were investigated for drug offences in Romania, which is more than in 2014