According to the Consolidated Act on Controlled Substances of 2016, the import, export, sale, purchase, delivery, receipt, production, processing and possession of drugs are defined as criminal offences. The penalty under this act is a fine or imprisonment for a maximum of two years. Drug use is not mentioned as an offence. Illegal possession for personal use usually results in a fine, the size of which varies depending on the type and quantity of drugs involved and prior offences. In some cases, the possession of dangerous drugs for personal use can also result in a penalty of short-term imprisonment. Since 2004, the distribution of drugs in restaurants, discotheques or similar places frequented by children or young people has been deemed to be a significantly aggravating circumstance that should always be punished with a prison sentence.
More serious offences are punished under Section 191 of the Criminal Code, rather than the Act on Controlled Substances, if they involve the transfer of, or the intention to transfer, at least 25 g of heroin or cocaine, 50 g of amphetamines or 10 kg of cannabis. Since 2004, the maximum penalties under Section 191 of the Criminal Code have been imprisonment for 10 years or 16 years if a considerable quantity of a particularly dangerous drug is involved.
No alternatives to punishment are specified for drug-related offences. However, probationary measures can be applied at the sentencing stage, if the court finds punishment unnecessary (these may be applied in the case of any crime) and the law mentions an obligation to undergo treatment as one of these measures.
A new law to allow the medical prescription of heroin to addicts became effective on 1 July 2008. In 2012, the Act on Controlled Substances was amended to allow the Minister of Health to grant permission for drug consumption rooms to be opened and operated. It was further amended in 2016 to allow assisted injection by another person (excluding staff) in drug consumption rooms.
On 1 July 2012, group bans on psychoactive substances came into force following the amendment of the Act on Controlled Substances, and Denmark can apply a generic classification to control certain new psychoactive substances entering the country.
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.
The statistical data from Denmark indicate some reduction in the number of reported DLOs in recent years. The majority of DLOs are linked to the use/possession of illicit drugs, while less than one fifth of offences are related to supply.