In Croatia, drug control is mainly covered by two legal acts: the Law on Combating Drug Abuse (LCDA) and the Criminal Code. The LCDA, passed in November 2001 and updated since then, regulates conditions for the manufacture of, possession of and trade in drugs, substances and precursors. It prohibits unauthorised drug cultivation, possession and trafficking and provides for fines for legal entities that are in breach of drug trading regulations and for individuals who cross the border without declaring psychoactive medicines. More serious offences are prosecuted under the Criminal Code. Discarding syringes and failure to notify the police of suspicious events are also specific offences. It also outlines a system for the prevention of drug use and for assistance for drug users.
From January 2013, possession of small quantities of drugs for personal use is not a criminal offence, but is classed as a misdemeanour under the LCDA and is punishable by a fine of between EUR 650 and EUR 2 600. The judgement on whether the quantity can be classed as ‘small’ is made by the state prosecutor or court in each case. Illegal production and processing of drugs with no intention to sell is punishable by six months to five years in prison. Illegal production, processing, possession, import and export with intention to sell are punishable by 1-12 years in prison, which, under defined aggravating circumstances, including the involvement of children or a network or the possibility of serious health damage, may increase to three years’ or even 5-15 years’ imprisonment; involvement in organised crime can increase this to 20 years. Precursor trafficking carries a penalty of six months to five years in prison.
The Criminal Code urges the court to use a number of alternative measures rather than imprisonment, such as fines, community service, probation and treatment, in cases in which a prison sentence of up to six months would otherwise be imposed. Compulsory drug treatment may be prescribed for up to three years and time spent in treatment is taken into account when sentencing. The offence may also be dismissed if it is considered ‘insignificant’.
A generic approach to drug classification was introduced in 2014 and ensures that many substances are controlled under the relevant drug laws.
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 on the implementation of drug laws and to improve strategies.
For 2016, the statistical data indicate that most DLOs in Croatia were misdemeanours, while approximately one quarter of DLOs were related to illegal production, smuggling or sale of drugs. In general, the total number of reported DLOs has shown a slight upward trend since 2010. Most DLOs are linked to cannabis, followed by amphetamines and MDMA/ecstasy.