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Overviews of legal topics

Topic Overviews cover the following areas:

Classification of controlled drugs

  • How are drugs classified at international level and why?
  • Does the EU have a standardised classification system?
  • Do different types of drugs elicit different legal responses?
 

Personal possession of cannabis

  • Is cannabis equal to other substances or not?
  • When are cannabis-related offences prosecuted?

 

Illegal consumption of drugs and the law

  • Is drug consumption per se illegal?
  • Is it prosecuted?
  Legal status of drug testing in the workplace
  • In which conditions is testing permitted?
  • What are the rights and responsibilities of the employer and employee?
  • Are there privacy or data protection issues involved?

Illegal possession of drugs

  • Is possession of drugs 'for personal use' viewed differently from other forms of possession?
  • Do the quantities and nature of the drug(s) involved affect the legal response?
 

Drugs and driving

  • What drugs are prohibited for drivers?
  • Can police stop drivers randomly, or do they need suspicion?
  • Should a driver be under influence, or does any trace of drugs lead to an offence?

Illegal drug trafficking

  • Is there a difference between trafficking in drugs for personal use and trafficking for commercial purposes?
  Hallucinogenic mushrooms
  • Are these controlled in Member States?
  • What happens if they grow in the wild?

Treatment alternatives to prosecution or prison

  • Are alternative measures to prosecution for drug offences available?
  • Does the offender have to be an addict?
  • Can they be used for theft offences?
  • Are they compulsory?
 

Legal status of opioid substitution treatment

  • What drugs are permitted for substitution treatment in the countries?
  • Who can prescribe them? Who can dispense them?
  • How are the drugs and the patients monitored? Can they be taken home?
  • What happens if the patient fails a urine test?

Penalties for precursor offences

  • Are the penalties the same as for drug trafficking offences?
  • What happens if there is just a breach of labelling requirements?
 

Controlled deliveries

  • If law enforcement officers want to watch a controlled delivery of drugs through the territory, who can authorise it?
  • What are the necessary requirements for authorisation?
  • Do the same laws apply to other illicit goods?

Legal Framework of Needle and Syringe Programmes

  • Are these programmes legal?
  • Can they be considered as facilitating drug use?
  • How do the police react?
 

Supplying illicit drugs for medical purposes

  • Is substitution treatment in breach of the international Conventions against drugs?
  • What are the legal bases for methadone prescription?
  • Is prescribing heroin for medical purposes against international law?

 

Threshold quantities for possession and supply offences

  • Who defines a threshold quantity?
  • How much is a small, or large, quantity of a drug?
  • How do quantities vary between different drugs?