Penalties for drug law offences at a glance

Penalties at a glance

Penalties for drug law offences in Europe at a glance

On this page you can examine and compare the penalties, or rehabilitative responses, for the core offences of drug use, possession for personal use, and supply-related offences, across countries in Europe. It also allows you to see how those penalties vary according to the type or quantity of the drug, and the addiction or recidivism of the offender.

 

Select countries

Penalties at a glance

Penalties for drug use

About half the countries in Europe specify drug use or consumption as a specific offence.

Penalties for possession of drugs for personal use

All countries in Europe specify possession of drugs for personal use as an offence – though it may be defined in different ways.

Penalties for supplying drugs

All countries in Europe have offences of production, trafficking, offering, selling, or possession with intent to distribute or supply.

Classification of drugs, which might influence the penalties

About

About this data

  • Data last updated: 13 May 2019.
  • The data is largely based on data submitted to the EMCDDA by its network of legal and policy correspondents (list of institutions is available upon request).
  • Please consult the Copyright notice in our legal policy for terms of reuse (in summary, data may be reused provided the source (EMCDDA) is acknowledged and that the data is not used in a misleading way).
  • To access the raw data either click on the button below. Depending on your browser, the data will open in a new window or directly downloaded, after which you may save it as a CSV file.
  • If you encounter difficulties with the previous step, you may also copying the data from the box below, paste it into a text editor, before saving as a CSV file (comma-delimited).
 
 
COUNTRY What is the punishment for the offence? What are the alternatives to punishment for the offence? Penalty varies by drug? Penalty varies by quantity? Penalty (response) varies for addiction? Penalty varies for recidivism?
Austria Use of drugs is not mentioned as an offence. There is no alternative to punishment for use, as it is not an offence. Use of drugs per se not regulated by the law. [Quantity limits not applicable to consumption offences] Use of drugs per se not regulated by the law. Use of drugs per se not regulated by the law.
Belgium Use of drugs is not mentioned as an offence. There is no alternative to punishment for use, as it is not an offence. Use of drugs per se not regulated by the law. [Quantity limits not applicable to consumption offences] Use of drugs per se not regulated by the law. Use of drugs per se not regulated by the law.
Bulgaria Only use of high-risk and especially harmful substances listed in Enclosure 1 is prohibited by the law. Use of these substances is punished by a fine from 2000 to 5000 LEVS, no detention measures are provided by the law. Law on Narcotic Substances and Precursors of 3 Oct 1999, art. 30, art. 3.2.1, art. 108a. The law does not provide any alternatives to punishment for use of high-risk substances. Law on Narcotic Substances and Precursors of 3 Oct 1999, art. 30, art. 3.2.1. Only an offence for high-risk and especially harmful substances (enclosure 1). Use of other drugs not punished. Law on narcotic substances and precursors of 3 Oct 1999, art 30, art. 3.2.1. [Quantity limits not applicable to consumption offences] Only an offence for high-risk and especially harmful substances (enclosure 1). Offender's addiction does not modify penalty range. Law on narcotic substances and precursors of 3 Oct 1999, art 30, art. 3.2.1. Only an offence for high-risk and especially harmful substances (enclosure 1). Recidivism does not modify penalty range. Law on narcotic substances and precursors of 3 Oct 1999, art 30, art. 3.2.1.
Croatia Use of drugs in public is punishable with a fine of about €100. Disturbance of the Public Peace Act, art 20. There are no alternatives to the administrative punishment. Drug use per se not regulated by the law. Administrative regulations apply only when drugs are used in public. These sanctions do not vary by drug. Disturbance of the Public Peace Act, art 20. [Quantity limits not applicable to consumption offences] Administrative sanctions do not vary by addiction factor. If the offender is a drug addict committing offences due to their addiction, the court shall sentence them to obligatory addiction treatment precautionary measure. Disturbance of the Public Peace Act, art 20. Administrative sanctions do not vary by recidivism factor. Disturbance of the Public Peace Act, art 20.
Cyprus Use of controlled drugs is a criminal offence punishable by up to life imprisonment. Narcotic Drugs and Psychotropic Substances Law of 1977, s.10 (d), s.30(1), Schedule III. The Law providing treatment alternatives to punishment, remains inactive. Law 57(I)/1992 Penalty for use offences does not vary by drug. Narcotic Drugs and Psychotropic Substances Law of 1977, s.10 (d), s.30(1), Schedule III. [Quantity limits not applicable to consumption offences] Penalty does not vary by addiction factor. Narcotic Drugs and Psychotropic Substances Law of 1977, s.10 (d), s.30(2), Schedule III. Penalty for the first conviction can not exceed one year (applicable only to offenders up to 25 years old, on the condition that the offence is related to personal use of narcotics and the offender has never been convicted of drug-related offence). Narcotic Drugs and Psychotropic Substances Law of 1977, s.30(2).
Czechia Use of drugs is not mentioned as an offence. There is no alternative to punishment for use, as it is not an offence. Use of drugs per se not regulated by the law. [Quantity limits not applicable to consumption offences] Use of drugs per se not regulated by the law. Use of drugs per se not regulated by the law.
Denmark Use of drugs is not mentioned as an offence. There is no alternative to punishment for use, as it is not an offence. Use of drugs per se not regulated by the law. [Quantity limits not applicable to consumption offences] Use of drugs per se not regulated by the law. Use of drugs per se not regulated by the law.
Estonia Consumption of drugs is a misdemeanor, punishable by a fine of up to 200 fine units (about €800) or by administrative detention (in the police arrest house rather than in a prison, up to 30 days of deprivation of liberty). It is a misdemeanour, not a crime. Act on Narcotic Drugs and Psychotropic Substances and Precursors thereof of 11 Jun 1997 art. 151. No alternatives to punishment are possible for the offence of use. Act on Narcotic Drugs and Psychotropic Substances and Precursors thereof, chapter III. Penalty does not vary by drug. Act on Narcotic Drugs and Psychotropic Substances and Precursors thereof, art. 151. [Quantity limits not applicable to consumption offences] Penalty range is not determined by addiction factor. Act on Narcotic Drugs and Psychotropic Substances and Precursors thereof, art. 151. The law does not differentiate the penalty by recidivism factor.
Finland Use of drugs is a criminal offence punished by a fine or imprisonment up to 6 months. Charges or penalty may be waived if the offence is deemed petty considering the type of substance, the situation and other circumstances. Penal Code, chapter 50, s. 2(a), s.7. Charges or penalty may be waived if the perpetrator has sought treatment approved by the Ministry of Social Affairs and Health. Penal Code, chapter 50, s. 7. Penalty does not vary for different drugs. Penal Code, chapter 50, s. 2(a). [Quantity limits not applicable to consumption offences] Penal Code, chapter 50, s. 2(a). Penalty does not vary for addiction. Penal Code, chapter 50, s. 2(a). Penalty does not vary for recidivism.
France Use of substances or plants classified as narcotics is a criminal offence, punishable by max. 1 year imprisonment and a fine of EUR 3750. If committed by a public servant on duty, or someone in charge of a form of transport that endangers safety, the maximum penalty rises to five years and a fine of EUR 7500. Use of psychotropics is not mentioned as an offence. Public Health Code, art. L3421-1 . A sentence against habitual or non-habitual users may be suspended for the purpose of treatment. Once the treatment is succesfully completed, the sentence is discontinued. Circular of 16 February 2012 emphasises the need to make penal response systematic and to reinforce the effectiveness of legal measures. Jurisdictions are primarily encouraged to resort to educational measures, such as awareness-building training courses, for a first offence involving simple use, and to social-health measures for addicted users (court-ordered treatment). Public Health Code, art. L3423-1; Penal Code, art. 131-29 to 132-45, Law on prevention of delinquency, art. 47. Use of narcotics is prohibited, but not use of psychotropics. Public Health Code, art. L3421-1. [Quantity limits not applicable to consumption offences] Penalty does not vary by addiction. Public Health Code, art. L3421-1. No variation in drug-specific penalty, but penalty is doubled in case of recidivism within 5 years as with any crime. Penal Code, Art. 132-10
Germany Use of drugs is not mentioned as an offence. There is no alternative to punishment for use, as it is not an offence. Use of drugs is not an offence. [Quantity limits not applicable to consumption offences] Use of drugs per se not regulated by the law. Use of drugs per se not regulated by the law.
Greece Use of drugs is prohibited by the law, and punished by up to 5 months imprisonment. Use of drugs can be unpunished if the court, considering the circumstances of the offense and the personality of the offender, believes that the act was anecdotal and unlikely to be repeated. The punishment imposed on drug user (as defined in art. 29 (1)) shall not be included in the copies of the criminal record. Code of Laws on Drugs no 3459/2006 (with amendments), art. 29. The prosecution or trial may be suspended for dependent offenders who request to go to treatment. Code of Laws on Drugs no 3459/2006 (with amendments), arts. 31-33. Penalty does not vary by drug. Code of Laws on Drugs, art. 29(3). [Quantity limits not applicable to consumption offences] Offenders shall be unpunished if developed drug addiction. Code of Laws on Drugs no 3459/2006 (with amendments), art. 30 (4). The law does not differentiate the penalty by recidivism factor.
Hungary Use of drugs is punishable by up to 2 years imprisonment. Criminal Code, s. 178 (6). For possession offences, 'Offender shall not be prosecuted if has been treated for drug addiction prior to sentencing in the first instance.' Criminal Code, s. 180(1). Penalty does not vary by drug. Criminal Code, s. 178 (6). [Quantity limits not applicable to consumption offences] Penalty does not vary by addiction factor. Criminal Code, s. 178 (6). Penalty does not vary by recidivism but 'treatment instead of punishment' mechanism can not be applied if a perpetrator has been found guilty for drug possession within 2 years before committing the crime. Criminal Code, s. 178 (6), s. 180 (2).
Ireland Only use of prepared opium is explicitly prohibited and punished by imprisonment not exceeding 12 months and/or a fine up to EUR 1270 (on summary conviction) or imprisonment not exceeding 14 years and/or an unlimited fine (conviction on indictment). 977 Misuse of Drugs Act, s. 16 (1), 27 (4). Following conviction, the court has the option to send an offender to medical treatment instead of imposing penalty (decision is based on a medical report prepared by a health board, court welfare officer). 1977 Misuse of Drugs Act, ss. 28. Use of drugs per se not regulated by the law, with an exception of use of prepared opium which is explicitly prohibited and punished by imprisonment not exceeding 12 months and/or a fine up to EUR 1270 (on summary conviction) or imprisonment not exceeding 14 years and/or an unlimited fine (conviction on indictment). 1977 Misuse of Drugs Act, s. 16 (1), 27 (4). [Quantity limits not applicable to consumption offences] Penalty range does not vary for addiction, but the court has an option to send an offender to medical treatment instead of imposing penalty (decision is based on a medical report prepared by a health board, court welfare officer). 1977 Misuse of Drugs Act, s. 28 The law does not differentiate the penalty by recidivism factor.
Italy Use of drugs is not mentioned as an offence. There is no alternative to punishment for use, as it is not an offence. Use of drugs per se not regulated by the law. [Quantity limits not applicable to consumption offences] Use of drugs per se not regulated by the law. Use of drugs per se not regulated by the law.
Latvia Use of drugs is an administrative offence punished by a warning or a fine up to 280 EUR. Administrative Violations Code, art. 46. Repeat use within one year is a criminal offence. Criminal Code s.253-2 A person who voluntarily attends medical treatment is exempted from administrative liability for their illegal actions. Administrative Violations Code, art. 46. Use of drugs is an administrative offence, penalty does not vary by drug. Administrative Violations Code, art.46. [Quantity limits not applicable to consumption offences] Administrative Violations Code, art.46. Penalty does not vary by addiction. Administrative Violations Code, art.46. Recidivism influenced type of penalty (administrative vs. criminal). First-use of drugs is an administrative offence. Iff the offence is repeated within one year, the offender faces criminal responsibility.
Lithuania Consumption of drugs is an administrative offence. It is punished by a fine of EUR 30-150. Code of Administrative Offences, Art 71(1). A person who voluntarily attends medical treatment is exempted from administrative liability for their illegal actions, before the verdict. Code of Administrative Offences, art. 71(4). Consumption of drugs without medical prescription is an administrative offence. Penalty does not vary by drug. Code of Administrative Offences, Art 71. [Quantity limits not applicable to consumption offences] Penalty does not vary by addiction. Code of Administrative Offences, art.71. When committing repeatedly, use will be punished by fine from EUR 150 up to EUR 230. This offence may be a subject of administrative sanction – obligation to participate in alcohol and drug prevention, early intervention, health care, social rehabilitation, improvement of communication with children, violet behavior modification or other programmes (trainings). Code of Administrative Offences, art.71 (2, 3).
Luxembourg Use of cannabis or cannabis resin, without aggravating circumstances such as in presence of minors, is punishable by a fine of €251 - €2500 in the Correctional Court (art. 7B). Use of other drugs (not cannabis) without aggravating circumstances is punished by a fine of €251-2500 and/or a prison sentence between 8 days – 6 months in prison (7A). Law of 19 February 1973 (as amended by the Law of 27 April 2001). Prosecution may be closed against those who completed drug treatment. Law of 19 February 1973, art. 23. Use of cannabis - non-criminal fine. Use of other drugs - possible prison sentence. Law of 19 February 1973 (as amended by the Law of 27 April 2001), art. 7. [Quantity limits not applicable to consumption offences] Penalty does not vary by addiction. Law of 19 February 1973, art. 23. The penalty can be doubled in case of recidivism within 5 years. Law of 19 February 1973, art. 12.
Malta Only use of prepared opium is explicitly prohibited and punishable by imprisonment depending on the type of court: Court of Magistrates - 3-12 months imprisonment; Criminal Court - 1-10 years imprisonment. Dangerous Drugs Ordinance, art. 6(f), art. 22(2)a(ii), b(ii). Under Dangerous Drugs Ordinance, where offender is 'in need of care and assistance for his rehabilitation from dependence', court may place them on probation [which might include a treatment order] instead of applying punishment. Offenders accused of crimes 'substantially attributed to drug dependence' may be referred to the Drug Offenders Rehabilitation Board. Dangerous Drugs Ordinance, (art. 6(f), art. 22(8)). Drug Dependence (Treatment not Imprisonment) Act 2015, art.8. Use of drugs per se not regulated by the law. Only use of prepared opium is prohibited. Dangerous Drugs Ordinance, art. 6(f). [Quantity limits not applicable to consumption offences] Penalty range does not vary for addiction, but an offender 'in need of care and assistance for his rehabilitation from dependence' may be placed on probation instead of being punished. Offenders accused of crimes 'substantially attributed to drug dependence' may be referred to the Drug Offenders Rehabilitation Board. Dangerous Drugs Ordinance, (art. 6(f), art. 22(8)). Drug Dependence (Treatment not Imprisonment) Act 2015, art.8. Penalty does not vary by recidivism but an offender can benefit from 'probation instead of punishment' only once. Dangerous Drugs Ordinance, art. 6(f), art. 22(8)(9).
Netherlands Use of drugs is not mentioned as an offence. There is no alternative to punishment for use, as it is not an offence. Use of drugs is not mentioned as an offence. [Quantity limits not applicable to consumption offences] Use of drugs is not mentioned as an offence. Use of drugs is not mentioned as an offence.
Norway Use of drugs is a minor drug offence punishable by imprisonment up to 6 months and/or fine. Act relating to medicines (No 132 of 4 December 1992) s. 31, s.24. Execution of sentence may be in an institution under supervision if necessary. There is a drug court programme running in two cities for those convicted of minor crimes. Corrections / Execution of Sentence Act s.12 Penalty does not vary by drug. Act relating to medicines (No 132 of 4 December 1992) s. 31, s.24. [Quantity limits not applicable to consumption offences] Act relating to medicines (No 132 of 4 December 1992) s. 31, s.24. Penalty does not vary for addiction. Act relating to medicines (No 132 of 4 December 1992) s. 31, s.24. . Penalty does not vary for recidivism.
Poland Use of drugs is not mentioned as an offence. There is no alternative to punishment for use, as it is not an offence. Use of drugs is not mentioned as an offence. [Quantity limits not applicable to consumption offences] Use of drugs is not mentioned as an offence. Use of drugs is not mentioned as an offence.
Portugal Use of drugs is an administrative offence, and may be punished with a fine or non-pecuniary sanction for non-addicted users, or non-pecuniary sanction for addicted users. Law 30/2000; art. 2, art. 15. Instead of a fine, users may be sent to treatment or counselling. Law 30/2000, art.10-14. Fine varies depending on which table the drug is listed in. Law 30/2000, art. 16. [Quantity limits not applicable to consumption offences] Use of drugs is punished with a fine or non-pecuniary sanction for non-addicted users, or non-pecuniary sanction for addicted users. Law 30/2000, art. 15. Law 30/2000, art. 11. The law provides obligatory suspension of proceedings in cases of non-addicted users without previous record of drug law offences; for recidivists, this suspension of proceedings is optional but not obligatory.
Romania Use of drugs is prohibited, but no punishment is specified. Law 143/2000, art. 22 (1). The person who unlawfully uses controlled drugs can be included, upon his/her request, in an integrated care programme for drug users. Law 143/2000, art.22 (2). Use of drugs is prohibited, but no punishment is specified. Law 143/2000, art.22. [Quantity limits not applicable to consumption offences] Use of drugs is prohibited, but no punishment is specified. Law 143/2000, art.22. Use of drugs is prohibited, but no punishment is specified. Law 143/2000, art.22.
Slovakia Use of drugs is not mentioned as an offence. There is no alternative to punishment for use, as it is not an offence. Use of drugs is not mentioned as an offence. [Quantity limits not applicable to consumption offences] Use of drugs is not mentioned as an offence. Use of drugs is not mentioned as an offence.
Slovenia Use of drugs is not mentioned as an offence. There is no alternative to punishment for use, as it is not an offence. Use of drugs per se not regulated by the law. [Quantity limits not applicable to consumption offences] Use of drugs per se not regulated by the law. Use of drugs per se not regulated by the law.
Spain Consumption of drugs in public places, streets, establishments or conveyances is a serious infraction of public safety (not a crime), punished with an administrative penalty (fine) of between EUR 601 and 30,000. Constitutional law 4/15 art. 36 (16) The fine punishment may be suspended if the offender is between 14 and 18 years old and submits to a treatment programme if needed. Otherwise re-education activities are followed, in accordance with the procedure regulated in the Royal Decree 1079/1993, of 2 July 1993. Constitutional law 4/15, Additional provision 5. Administrative penalty (fine) for consumption of drugs in public places, streets, establishments or conveyances does not vary by drug. Constitutional law 4/15 art.39.1.b [Quantity limits not applicable to consumption offences] Administrative penalty (fine) for consumption of drugs in public places, streets, establishments or conveyances does not vary by addiction factor. Constitutional law Art 36 (16) No specific penalty variation in the drug-specific sections of the law, but in case of recidivism (2 or more offences of the same type), the fine could be higher than the minimum (601€) and always under the maximum of 30.000€. Administrative Procedure Act, 30/92
Sweden Use of drugs is prohibited and punished by up to 3 years imprisonment. If type of drug, quantity and other circumstances are minor (petty offence), it is punished by a fine or imprisonment up to 6 months. Act on Penal Law on Narcotics (1968:64), s. 1 (6), s. 2. Some treatment measures may be given as part of the sentence. Penal Code Chapter 28, 30. Use of drugs is prohibited, penalty does not vary for different drugs but may influence interpretation of the behaviour as a basic 'narcotic drug offence' or 'petty offence'. Act on Penal Law on Narcotics (1968:64), s. 1, s. 2. [Quantity limits not applicable to consumption offences] Act on Penal Law on Narcotics (1968:64), s. 1, s. 2. Penalty does not vary for addiction. Act on Penal Law on Narcotics (1968:64), s. 1, s. 2. Penalty does not vary for recidivism.
United Kingdom Only use of prepared opium is explicitly prohibited and punished by up to 6 months imprisonment (summary conviction); up to 14 years imprisonment (conviction on indictment). Misuse of Drugs Act 1971, s.9, Sch 4. Drug Intervention Programmes as alternatives to punishment. Criminal Justice And Court Services Act 2000, Criminal Justice Act 2003. Use of drugs is not regulated by the law, except use of prepared opium which is prohibited. Misuse of Drugs Act 1971, s.9. [Quantity limits not applicable to consumption offences] enalty does not vary by addiction factor. Misuse of Drugs Act 1971. Penalty does not vary by recidivism factor. Misuse of Drugs Act 1971.
Country What is the punishment for the offence? What are the alternatives to punishment for the offence? Penalty varies by drug? Penalty varies by quantity? Penalty (response) varies for addiction? Penalty varies for recidivism?
Austria Possession of drugs and psychotropic substances for personal use is punishable by up to 6 months imprisonment or a fine. Narcotic Substances Act (SMG), s. 27 (2), s. 30 (2). The drug law allows for temporary withdrawal of the charge or the criminal proceedings with a probationary period of 1-2 years, and where necessary these may include an agreement to go to treatment. If successful, the proceedings will be permanently closed. Narcotic Substances Act (SMG) s. 35-38. Despite psychotropic substances and narcotic substances being regulated separately (in different sections of the Act), punishment for possession of both type of drugs for personal use the same. Narcotic Substances Act (SMG), s. 27 (2), s. 30 (2). The law does not differentiate the penalty by quantity of drug possessed as long as the drug is possessed only with intention of personal consumption. Narcotic Substances Act (SMG), s. 27 (2), s. 30 (2). The law does not differentiate the penalty by addiction factor, for personal possession offences. Narcotic Substances Act (SMG), s. 27 (2), s. 30 (2). Drug law does not differentiate the penalty by recidivism factor. Narcotic Substances Act (SMG), s. 27 (2), s. 30 (2).
Belgium Possession of drugs for personal use is punishable by 3 months - 5 years in prison or a fine. Possession of cannabis for personal use, without nuisance, may receive a fine based on a 'simplified police report'. The fine may be 90-150 EUR for the first offence; 156-300 EUR for the second offence within one year from the first conviction; 8 days to 1 month imprisonment for any offence within one year from the second conviction. Ministerial directives state that possession of cannabis for personal use should be given the lowest prosecution priority. Cannabis-related offences causing public disorder (i.e. possession in school, public facilities, prison) are punishable by 3 months to 1 year in prison. Narcotic Drug Act of 24 February 1921, art 2bis, art. 2ter; Ministerial Directive of 16 May 2003 on the prosecution of possession and sale of illicit drugs, art. III.2.1; Joint directive of the Minister of Justice and Public Prosecutors on cannabis related infringements of 25 January 2005. Original fine levels have been multiplied for inflation, currently x6. Cases of problem drug users may be settled with therapeutic counselling (avis thérapeutique). Royal Decree of 31 December 1930, art. 26quater. Possession of cannabis within certain limits receives a police warning; possession of other drugs punishable by 3 months - 5 years or a fine. Narcotic Drug Act of 24 February 1921, art. 2bis, art. 11. Limit for non-problematic cannabis possession is set at 3g or one female plant in cultivation. Ministerial Directive of 16 May 2003 on the prosecution of possession and sale of illicit drugs, art. III.2.1. Penalty range does not vary for addiction. However, problem drug users may be sent to therapeutic counselling. Royal Decree of 31 December 1931, art. 26quater. The 'simplified police report' issued upon discovery of cannabis possession is forwarded to the prosecutor who may decide to impose a fine of: (1) 90-150 EUR for the first offence, (2) 156-300 EUR for the second offence within one year from the first conviction (3) 8 days to 1 month imprisonment and a fine for any further offence within one year from the second conviction. Narcotic Drug Act of 24 February 1921, art. 2ter.
Bulgaria The drug control law specifies that possession of high risk and particularly harmful plants, substances and preparations (listed in Enclosure I) is punishable by a fine from 2000 to 5000 levs. Penal code specifies that possession of high-risk substances is punished by imprisonment of one to six years, while possession of risk substances is punishable by imprisonment of up to five years. Hovewer, in minor cases prosecuted under the Penal Code, the punishment is a fine up to 1000 Levs. Penal code, art. 354a., Law for control over the narcotic substances and precursors of 3 Oct 1999, art 30, art. 108a. Compulsory treatment is possible as an addition, not an alternative, to punishment. Penal Code, art. 92. Non-criminal offence only in case of possession of high-risk substances listed in Enclosure 1 to the Law for control over the Narcotic Substances and Precursors of 3 Oct 1999. Penal Code offences also vary by category of substance: 'high risk drugs' and 'risk drugs'. Law for control over the narcotic substances and precursors of 3 Oct 1999, art 30, 108. Quantity will determine prosecution, minor cases punished by a fine, as opposed to imprisonment for more serious offences. Penal code, art. 354a. Penalty range is not determined by addiction factor. Law for control over the narcotic substances and precursors of 3 Oct 1999, art 30, 108. Penal Code, art. 354a. The law does not differentiate the penalty by recidivism factor.
Croatia Possession of drugs for personal use is a (non-criminal) misdemeanour, punishable by a fine of EUR 650 - 2,600 (HRK 5,000-20,000). Drug Abuse Prevention Act, art 54. As well as the fine, an offender who is addicted to drugs or is an experimental drug user will be given a measure of obligatory treatment in a medical institution or in an institution for social care, lasting from three months up to one year. If the offender successfully completes the rehabilitation process, the fine shall not be imposed. (Art. 10. Amendments of the Law on combating drugs abuse from 2003). Stage; verdict Possession of drugs for personal use is an administrative offence punished by a fine (EUR 650 - 2 600), which does not vary depending on the type of drug possessed. Drug Abuse Prevention Act, art. 54. Possession of drugs for personal use is an administrative offence punished by a fine (EUR 650 - 2 600). Penalty does not vary by quantity of drugs possessed. Drug Abuse Prevention Act, art. 54. Penalties do not vary for addiction. Offender who is addicted to drugs or is an experimental drug user will be given a measure of obligatory treatment in a medical institution or in an institution for social care, lasting from three months up to one year. If the offender successfully completes the rehabilitation process, the fine shall not be imposed.Stage; verdict. Drug Abuse Prevention Act, art. 54. Penalties do not vary for recidivism. If the offence is committed for the first time, offender who is addicted to drugs or is an experimental drug user will be given a measure of obligatory treatment without fine.Stage; trial. Drug Abuse Prevention Act, art. 54.
Cyprus Possession of controlled drugs for personal use (defined by quantity limits) is a criminal offence punishable by up to 12 years imprisonment (for Class A drugs), up to 8 years imprisonment (for Class B drugs), up to 4 years (for Class C drugs) . No more than one year in prison for a first time offender aged under 25. The Narcotic Drugs and Psychotropic Substances Law of 1977, s.6(2), s.30(1), s.30(2), s.30A, Schedule III. The Law providing treatment alternatives to punishment, remains inactive. Law 57(I)/1992 Possession of controlled drugs for personal use is a criminal offence punishable by up to 12 years imprisonment (for Class A drugs), up to 8 years imprisonment (for ClassB drugs), up to 4 years (for Class C drugs) . No more than one year in prison for a first time offender aged under 25. Narcotic Drugs and Psychotropic Substances Law of 1977, s.6(2), s.30(1), Schedule III, s.30(2). Penalty range does not vary by quantity, but the 'quantity of prohibited substances' shall be taken into account as constituting less serious offence when sentencing. Narcotic Drugs and Psychotropic Substances Law of 1977, s.6 (2), s.30(2), s.30 (4)(b), Schedule III. Penalty does not vary by addiction factor, but the 'degree of dependence' shall be considered when sentencing and implies 'less serious offence'. Narcotic Drugs and Psychotropic Substances Law of 1977, s.6 (2), s.30(2), s.30 (4)(b), Schedule III. Penalty for the first conviction can not exceed one year (applicable only to offenders up to 25 years old, if the offence is related to personal use of narcotics and the offender has never been convicted of drug-related offence). Narcotic Drugs and Psychotropic Substances Law of 1977, s.30(2).
Czechia Possession of small amount of drugs for private use is a misdemeanour punished by a fine up to 15,000 CZK (Act of Violations). Possession of drugs for personal use in 'a quantity greater than small' is punishable under the Penal Code, but varies by drug. Possession of cannabis (or other substances containing THC) is punished by up to 1 year imprisonment; possession of other drugs is punished by up to 2 years imprisonment. The imprisonment extends to 6 months-5 years if the amount of drugs is 'larger', and to 2-8 years if the amount is 'significant'. Act of Violations (Act no 200/1990), section 30(1) and (2), Penal Code (act no 40/2009), s.284. No alternatives to punishment specifically related to drug offences. However, a range of probationary measures is provided in the criminal law: conditional discontinuation of prosecution with or without probation, and conditional desisting from punishment with or without probation. These may include being sent to treatment. The earliest stage of criminal proceedings for alternatives is a phase of prosecution. A prosecutor can pass a resolution on conditional discontinuation of criminal prosecution (with or without probation officer's supervision). In fact, it is more diversion in criminal proceedings as alternatives. The same resolution can pass judge without a trial or during a court hearing or after a trial instead of a judgment.Penal Code (act no 40/2009), ss. 46-48, 81-83, 84-87, 88-91, Code of Criminal Procedure s. 307, 308. Possession of a quantity “greater than small” of cannabis or other substances containing THC is punished with up to 1 year imprisonment; possession of other drugs punishable by up to 2 years. Penal Code (act no 40/2009) s.284(1) Possession of a quantity “greater than small” of cannabis or other substances containing THC is punished with up to 1 year imprisonment (otherwise only a fine); possession of other drugs punishable by up to 2 years. The imprisonment extends to 6 months-5 years if the amount of drugs is 'larger', and to 2-8 years if the amount is 'significant'. Limits of 'small amount' set out in opinion of Supreme Court 2014. Penal Code (act no 40/2009) s.284(1-4) Penalty range is not determined by addiction factor. The law does not differentiate the penalty by recidivism factor.
Denmark Possession of drugs is punished by up to 2 years' imprisonment. A warning can be issued if possession is a result of dependence and long and persistent abuse of drugs (aiming to avoid fines). Euphoriants Act of 1 Jul 2008, s. 1, s. 3. No alternatives to punishment are specified for drug-related offences. At the sentencing stage, probationary measures can be applied if the court finds punishment unnecessary (may be applied in case of any crime) and the law mentions obligation to undergo treatment as one of these measures. Penal Code, s. 57, 3-4. Penalty ranges do not vary according to the type of drug though the law explicitly mentions that 'harmful effects of the substances should be considered when sentencing'. Prosecutorprobation officer's Circular 35/2004 mentions that possession of any of enumerated drugs in a limited quantity shall be punished by a warning. Euphoriants Act of 1 Jul 2008, s. 3. The law does not directly differentiate the punishment according to the quantity of drug . However, Prosecutor's Circular 35/2004 mentions that possession of any of enumerated drugs in a limited quantity shall be punished by a warning. Euphoriants Act of 1 Jul 2008, s. 3. Possession of drugs punished by a fine or imprisonment up to 2 years. In exceptional cases a warning can be issued if possession is a result of dependence following a long and persistent abuse of drugs. Euphoriants Act of 1 Jul 2008, s. 3. The law does not directly differentiate the punishment according to the recidivism factor . However, Prosecutor's Circular 35/2004 mentions that possession of any of enumerated drugs in a limited quantity shall be punished by a warning when it is the first offence. Euphoriants Act of 1 Jul 2008, s. 3.
Estonia Possession of small quantities of drugs for personal use (up to ten doses) is a misdemeanor, punishable by a fine of up to 200 fine units (about €800) or by administrative detention (in the police arrest house rather than in a prison) for up to 30 days. Act on Narcotic Drugs and Psychotropic Substances and Precursors thereof of 11 Jun 1997 art. 151. No alternatives to punishment are available for minor possession offences.Act on Narcotic Drugs and Psychotropic Substances and Precursors thereof, chapter III. Penalty does not vary by drug. Act on Narcotic Drugs and Psychotropic Substances and Precursors thereof, art. 151. Penalty for personal possession offences doesn't vary by quantity. Act on Narcotic Drugs and Psychotropic Substances and Precursors thereof, art. 151. Penalty range is not influenced by addiction of the offender. Act on Narcotic Drugs and Psychotropic Substances and Precursors thereof, chapter III. The law does not differentiate the penalty by recidivism factor.
Finland When possession is classified as 'narcotics offence', it is punished by a fine or up to 2 years imprisonment. Possession of a small amount is classified as 'unlawful use of narcotics' offence, punishable by a fine or up to 6 months imprisonment. Charges or penalty may be waived if the offence is deemed petty considering the type and quantity of substance, the situation and other circumstances. Penal Code, chapter 50, s. 1(5), s. 2(a), s.7. Charges or penalty may be waived if the perpetrator has sought treatment approved by the Ministry of Social Affairs and Health. Penal Code, chapter 50, s. 7. Penalty for personal possession offences does not vary by drug. However, type of drug may be considered when applying 'waiver of charges or penalty'. Penal Code, chapter 50, s. 1(5), s. 2a., s. 7. Quantity is a factor in determining user or narcotics offence. Quantity of drug may also be considered when applying 'waiver of charges or penalty'. Penal Code, chapter 50, s. 1(5), s. 2a, s. 7. Penalty does not vary for addiction. Penal Code, chapter 50, s. 1. Penalty does not vary for recidivism. Penal Code, chapter 50, s. 1, s. 2.
France The law does not distinguish between possession for personal use or for trafficking. In practice, based on the quantity of the drug found and the elements of the act, possession of 'narcotic' drugs for personal use is mostly charged as the crime of use of drugs, therefore punished by up to one year in prison. Possession of narcotic drugs is punishable by up to 10 years, and 7 500 000 euros. Prosecutor can choose this charge even for possession of a small quantity of drugs. Possession of 'psychotropic' drugs is a separate offence, punishable by up to 5 years in prison. Public health code, art. L.3421-1, L5432-1. A sentence against habitual or non-habitual users may be suspended for the purpose of treatment. Once the treatment is succesfully completed, the sentence is discontinued. Circular of 16 February 2012 emphasises the need to make penal response systematic and to reinforce the effectiveness of legal measures. Jurisdictions are primarily encouraged to resort to educational measures, such as awareness-building training courses, for a first offence involving simple use, or a fine, and to social-health measures for addicted users (court or prosecutor-ordered treatment). Public Health Code, art. L3423-1; Penal Code, art. 131-29 to 132-45, Law on prevention of delinquency, art. 47. Possession of 'narcotic' drugs for personal use is mostly charged as use of drugs, punishable by up to 1 year, while possession of 'psychotropic' drugs is a separate offence, punishable by up to 5 years. Public Health Code, art. L3421-1, L5432-1. The law does not distinguish between possession for personal use or for trafficking. In practice, based on the quantity of the drug found and the elements of the act, possession of drugs for personal use is mostly charged as the crime of use of drugs. Therefore, penalty does not vary by quantity, but quantity is one of the factors determining prosecution of the crime as use or trafficking. Public health code L.3421-1. Possession of drugs for personal use is mostly charged as crime of use of drugs. The penalty does not vary by addiction. Public Health Code, art. L3421-1. No variation in drug-specific penalty, but penalty is doubled in case of recidivism within 5 years as with any crime. Penal Code, Art. 132-10
Germany Possession of drugs is punished by imprisonment up to 5 years or a fine. Prosecution may be refrained if the offender's guilt is minor, if there is no public interest in the offence and the narcotics were only intended for the offender's own use in small quantities. The court may also abstain from sentencing on the same premises. Act to Regulate the Trade in Narcotics of 28 Jul 1981, s. 29 (1), s. 29 (5), s. 31a. At the sentencing stage, the execution of a sentence of imprisonment for up to two years can be suspended for a dependent drug user who follows a treatment course. Act to Regulate the Trade in Narcotics of 28 Jul 1981,s. 35 Penalty ranges do not vary by drug. Act to Regulate the Trade in Narcotics, s. 29 (1). Penalty range does not vary depending on quantity of drugs possessed. However, possession of a small quantity of drugs is one of the conditions for suspension of prosecution (Prosecution may be suspended if the offender's guilt is minor, if there is no public interest in the offence and the narcotics were only intended for the offender's own use in small quantities). Act to Regulate the Trade in Narcotics, s. 31a. Penalty does not vary for addiction. However, the execution of a sentence of up to two years imprisonment can be suspended for addict who follows a treatment course. Act to Regulate the Trade in Narcotics, s. 35 The law does not differentiate the penalty by recidivism factor.
Greece Possession of drugs for personal use is punished by up to 5 months imprisonment. Personal use shall be decided by the judge taking into account many factors. Personal possession of drugs can be unpunished if the court, considering the circumstances of the offense and the personality of the offender, believes that the act was anecdotal and unlikely to be repeated. Cultivation of cannabis can be classified as a personal use offence, but not cultivation of other drugs. Punishment imposed on an offender possessing drugs for personal use shall not be included in copies of the criminal record. Code of Laws on Drugs no 3459/2006 (with amendments), art. 29. The prosecution or trial may be suspended for dependent offenders who request to go to treatment. Code of Laws on Drugs no 3459/2006 (with amendments), arts. 31-33. Possession of any drug is punished by up to 5 months imprisonment. Cultivation of cannabis can be classified as personal use offence, but not cultivation of other drugs. Code of Laws on Drugs, art. 29(3). Penalty does not vary by quantity of drugs possessed. However, amount of drug possessed need to be taken into acount when classifying an offence as 'possession of drugs for personal use. Code of Laws on Drugs, art. 29(1) Offenders shall be unpunished if developed drug addiction. Code of Laws on Drugs no. 3459/2006 (with amendments), art. 30 (4). The law does not differentiate the penalty by recidivism factor.
Hungary Possession of drugs is a criminal offence. Basic form of possession offence is punished by min. 1 year max. 5 years imprisonment. If a small amount of drugs is possessed: up to 2 years imprisonment. Criminal Code, s. 178 (1), s.178 (5), s. 178(6). Offender shall not be prosecuted if has been treated for drug addiction prior to sentencing in the first instance. Criminal Code, s. 180(1). Penalty does not vary for different drugs. Criminal Code, s. 178. Possession of drugs is punished by min. 1 year max. 5 years imprisonment. If a small amount of drugs is involved: up to 2 years. Criminal Code, s. 178 (1, 5, 6) Penalty does not vary by addiction factor. But law provides waiver of prosecution if a perpetrator has taken part in addiction treatment prior to sentencing in the first instance court. Criminal Code, s. 178, s. 180. Penalty does not vary by recidivism. However, waiver of prosecution can not be applied if the perpetrator was found guilty for drug possession within 2 years before committing the crime. Criminal Code, s. 178.
Ireland Possession of cannabis is punished by a fine of up to: EUR 381 (first offence, summary conviction), EUR 508 (second offence, summary conviction), EUR 1270 and/or imprisonment up to 12 months (third or subsequent offence, summary conviction). For conviction on indictment, the penalty ranges are elevated: fine up to EUR 635 (first offence), fine up to EUR 1270 (second offence), then up to 3 years imprisonment (third or subsequent offence). Punishment for possession of drugs other than cannabis: up to 12 months imprisonment (summary conviction), up to 7 years imprisonment (conviction on indictment). The Misuse of Drugs Act 1977, s.27 (1). Following conviction, the court has the option to send an offender to medical treatment instead of imposing penalty (decision is based on a medical report preapred by a health board or court welfare officer). 1977 Misuse of Drugs Act, ss. 28. Fine for cannabis (first and second conviction), imprisonment for other drugs. 1977 Misuse of Drugs Act, s. 27 (1). Penalty does not vary by quantity of drugs possessed. Penalty range does not vary for addiction, but the court has an option to send an offender to medical treatment instead of imposing penalty (decision is based on a medical report prepared by a health board, court welfare officer). 1977 Misuse of Drugs Act, s. 28 Possession of cannabis is punished by a fine of up to: EUR 381 (first offence, summary conviction), EUR 508 (second offence, summary conviction), EUR 1270 and/or imprisonment up to 12 months (third or subsequent offence, summary conviction). When offender is charged before higher court (conviction on indictment) the penalty ranges are elevated: fine up to EUR 635 (first offence), fine up to EUR 1270 (second offence) , unlimited fine and/or up to 3 years imprisonment (third or subsequent offence). 1977 Misuse of Drugs Act, s. 27 (1).
Italy Possession of drugs for personal use is a non-criminal offence. Defined by quantity limits established by Ministries of Health and Justice, but other indicators of intent to supply are also considered. Punished by various administrative sanctions (e.g. suspension of driving license, firearms license, passport, residential permit). Class of drug determines duration: List I or III (from 2 months up to one year) or List II or IV (from one month to three months). In case of the first offence, when considered 'particularly minor', a warning might be issued. DPR 309/90, Art. 73 (1b)(a); 75 (1,14). A socio-rehabilitation and therapeutic program may be offered in addition to administrative sanctions (article 75, DPR 309/90 as modified by DL 272/2005). This may be offered by the public service for addictions (no longer only drug addiction: Art. 120, Law 79/2014) or the acknowledged private structures. The addiction service has to assess the effectiveness of the treatment and the patient's response to the programme, and make changes accordingly (Article 122). Since 2014, there is no obligation for addiction service workers to notify competent authorities of breaches of these programmes. Class of drug determines duration of administrative sanctions: List I or III (from 2 months up to one year) or List II or IV (from one month to three months). Article 75 DPR 309/1990 Penalty doesn't vary by quantity, but quantity exceeding limits established by the Ministry of Health and Ministry of Justice could be considered as possession for supply (Art 75 (1b), DPR 309/90) Sanctions do not vary for addiction. DPR 309/90 (as modified by DL 272/2005), art. 75 (1). In case of the first offence, when considered 'particularly minor', a warning might be issued, with various administrative sanctions for the second offence onwards. (article 75 q-14 DPR 309/90).
Latvia Possession of drugs for personal use may be charged as a criminal or an administrative offence depending on the quantity. Possession of small amount of drugs without aim to sell is an administrative offence which is punished by a warning or a fine up to 280 EUR (Administrative Violations Code). Above this amount, possession without intent to sell is punished by up to 3 years in prison (Penal Code). Penal Code, art. 253. Administrative Violations Code, art. 46. A person who voluntarily attends medical treatment is exempted from administrative liability for their illegal actions. Penal Code offers conditional release from criminal liability for offenders who agree to undergo treatment. Administrative Violations Code, art. 44. Penal Code Art.58.(1). Penalty does not vary by drug. Penal Code, art. 253. Administrative Violations Code, art. 46. Quantity defines choice of prosecution under Administrative Violations Code or Penal Code. Penal Code, art. 253. Administrative Violations Code, art. 46. Penalty does not vary for addiction but drug using offenders may be released from sentence if they voluntarily agree to undergo treatment (applicable for offences prosecuted under Penal Code) or be exempted from administrative punishment (applcable for offences punished under Administrative Violations Code) Penal Code 59.(4). Administrative Violations Code, art. 46. Possession of small amount of drugs without aim to sell is an administrative offence. However, if the offence is repeated within one year, the offender faces criminal responsibility - therefore irrespsective of the amount of drugs possessed is prosecuted under provisions of the Penal Code. Administrative Violations Code, art.46.
Lithuania Possession of drugs without intent to distribute or supply is punished by a fine of EUR 570-19 000, arrest or imprisonment up to 2 years. Possession of small quantities may be punished by a fine or 10-45 days administrative arrest (detention). Penal Code, art. 259(1, 2). An offender who applies for drug treatment shall be released from criminal liability for possession of drugs, before any verdict. Penal Code, art. 259(3). Penalty does not vary by drug. Penal Code, art. 259. Penal Code differentiates punishment for 'possession' and 'possession of small quantity of drugs' without intent to sell. Penal Code, art. 259(1, 2). Penalty does not vary for addiction, but the sentence may be suspended for addicted offenders if they follow treatment. Penal Code, art. 259. Penalty does not vary for recidivism. Penal Code, art. 259.
Luxembourg Possession of cannabis or cannabis resin is punished by a fine of €251 - €2500 in the Correctional Court. Possession of other drugs (not cannabis) carries a possible prison sentence between 8 days – 6 months and/or a fine of €251-2500. Law of 19 February 1973 (as amended by the Law of 27 April 2001), art. 7A, B. Prosecution may be closed against those who completed drug treatment. Law of 19 February 1973, art. 23. Possession of cannabis - non-criminal fine. Possession of other drugs - possible prison sentence. Law of 19 February 1973 (as amended by the Law of 27 April 2001), art. 7. Penalty does not vary by quantity. Law of 19 February 1973, art. 7. Penalty does not vary by addiction factor. Law of 19 February 1973, art. 7. The penalty can be doubled in case of recidivism within 5 years. Law of 19 February 1973, art. 12.
Malta Possession of defined quantity of drugs for personal use is an administrative offence, punishable by a police fine of €50-100 for cannabis or €75-125 for other drugs. Personal possession above those limits is a criminal offence, and punishment depends on the court before which the case is judged: Court of Magistrates - 3-12 months imprisonment and/or a fine; Criminal Court - 1-10 years imprisonment. From 2014, if the court considers the higher range disproportionate, it may use the lower range. Quantity will determine prosecution of an offence in a given court. Drug Dependence (Treatment not Imprisonment) Act 2015, art.4. Dangerous Drugs Ordinance, art. 22. Medical and Kindred Professions Ordinance art.120A Offenders accused of a second personal possession offence of a drug other than cannabis within two years, or of crimes 'substantially attributed to drug dependence', may be referred to the Drug Offenders Rehabilitation Board for up to 18 months supervision. Under Dangerous Drugs Ordinance, where offender is 'in need of care and assistance for his rehabilitation from dependence', court may place them on probation [which might include a treatment order] instead of applying punishment. Drug Dependence (Treatment not Imprisonment) Act 2015, arts.5, 8. Dangerous Drugs Ordinance, art. 22(8); Medical and Kindred Professions Ordinance, art.120A(6). Possession of defined quantity of drugs for personal use is an administrative offence, punishable by a police fine of €50-100 for cannabis or €75-125 for other drugs. Above defined amounts amounts, personal possession is a criminal offence, for which penalty does not vary by drug. Drug Dependence (Treatment not Imprisonment) Act 2015, Art.4; Dangerous Drugs Ordinance, art. 22. Possession of less than 3.5g cannabis or 2g of other drugs (irrespective of purity) for personal use is an administrative offence. Possession of more for personal use is a criminal offence, with punishment dependent on a court: Court of Magistrates - min. 3 months max. 12 months imprisonment and/or a fine of EUR 466 - 2,330; Criminal Court - min. 12 months max. 10 years imprisonment and a fine of EUR 466 - 23,294. Quantity will determine prosecution of an offence in a given court. Drug Dependence (Treatment not Imprisonment) Act 2015, Art.4; Dangerous Drugs Ordinance, art. 22. Penalty does not vary for addiction, but an offender 'in need of care and assistance for his rehabilitation from dependence' may be placed on probation instead of being punished. A second personal possession offence within 2 years may be referred to the Drug Offenders Rehabilitation Board. Dangerous Drugs Ordinance, art. 22(8); Drug Dependence (Treatment not Imprisonment) Act 2015, Art.5. Penalty does not vary by recidivism but a second personal possession offence within 2 years may be referred to the Drug Offenders Rehabilitation Board. Otherwise, an offender can benefit from 'probation instead of punishment' only once. Drug Dependence (Treatment not Imprisonment) Act 2015, Art.5; Dangerous Drugs Ordinance, art. 22(8)(9).
Netherlands Possession of drugs is punishable by up to 1 year prison for drugs included in List I ('unacceptable risk') or up to 1 month prison for drugs included in List II ('other drugs'). However, according to prosecutor guidelines, possession of cannabis products up to 5 grams will in principle incur a police dismissal, and the offence remains not prosecuted if it refers to possession for personal use of cannabis products up to 30 grams. Opium Act, arts. 2C, 3C, 10(5), Opium Acts Directive, section 'Investigation and prosecution', p. 4. In cases of possession of a limited quantity of 'hard drugs' (List I) for personal use, (i.e. a single ball, foil, pill or 0.2 gram dosage) a lower sentence will be imposed. The priority should be given to offering the user help, by making a contact with clinic. Opium Act Directive, section 'Investigation and prosecution', p. 3, 4. Different penalties for possession of drugs in List I and List II. Basic form of the offence is punished by : up to 1 year prison or a fine (List I); up to 1 month prison or a fine (List II). Opium Act, art. 2C, 3C, 10, 11. Penalty varies by quantity. Possession of large amount of List II dugs is punished by up to 6 years or a fine. No investigation in case of possession of cannabis in quantity less than 5g, no prosecution if less than 30g. Possession of a small quantity of 'hard drugs' for personal use is punished by up to 1 year imprisonment or a fine. Opium Act, art. 10(5), 11(4)(6), Opium Act Directive. Penalty does not vary for addiction. Opium Act, art. 10, 11. Penalty does not vary for recidivism in law. However, guidelines to public prosecutor set out detailed penalty increases. Opium Act, art. 10, 11.
Norway Possession of small amounts of drugs is punished by up to 6 months imprisonment and/or a fine. Possession of a larger amount of drugs is punished more severely, according to the provisions of the Civil Penal Code: up to 2 years imprisonment and/or a fine. Act relating to medicines (No 132 of 4 December 1992), s.24. Civil Penal Code, §162. Execution of sentence may be in an institution under supervision if necessary. There is a drug court programme running in two cities for those convicted of minor crimes. Corrections / Execution of Sentence Act s.12 Penalty does not vary by drug. Act relating to medicines (No 132 of 4 December 1992) s. 31, s.24. Quantity determines prosecution under Act on Medicinal Products or Penal Code. Possession of small amounts, punishable by up to 6 months imprisonment and/or a fine. If a larger amount of drugs is possessed, punished more severely according to §162 of the Civil Penal Code: up to 2 years imprisonment and/or a fine. Act relating to medicines (No 132 of 4 December 1992), s.24. Civil Penal Code, s. 162. Penalty does not vary for addiction. Penalty does not vary for recidivism.
Poland Possession of drugs is a criminal offence punished by max. 3 years imprisonment (basic form of the offence). In a case of 'a lesser gravity', maximum punishment is 1 year imprisonment. In case of possession of a 'significant quantity of drugs', punishment range is 1-10 years imprisonment. The prosecutor has an option not to institute criminal proceedings in case of possession of insignificant quantity of drugs for private use (principle of opportunity). Act on Counteracting Drug Addiction, art. 62, 62a. If the maximum penalty for the offence is 5 years prison, the public prosecutor can suspend investigation against the offender if he/she voluntarily agrees to participate in a treatment or a prevention programme. Successful completion of the programme is a condition of a 'conditional discontinuance of proceedings', which leads to imposition of a probation period of 1 or 2 years and no sentencing. The same procedure can be applied during court phase of proceedings. May be applied in cases of users who are addicted or using drugs in a harmful way. Act on Counteracting Drug Addiction, art. 72, 73. The law does not differentiate penalties depending on the type of drug possessed. Act on Counteracting Drug Addiction, art. 62. Basic form of the offence is punished by up to 3 years imprisonment. In case of lesser gravity, maximum punishment is 1 year imprisonment. In case of possession of a considerable quantity of drugs, maximum punishment is 10 years imprisonment, with minimum 1 year. When a small quantity of drugs is possessed for personal use the prosecutor has an option not to institute criminal proceedings. Act on Counteracting Drug Addiction, s. 61, 61a. Penalty ranges do not vary for addiction. Act on Counteracting Drug Addiction, art. 62, 72. Drug law does not differentiate penalties by recidivism factor. Act on Counteracting Drug Addiction, s. 61.
Portugal Possession of a limited quantity of drugs for personal use (up to 10 days of average individual consumption, as defined in art. 2(2) of Law 30/2000) is an administrative offence, and may be punished with a fine or non-pecuniary sanctions for non addicted users, or non-pecuniary sanctions for addicted users. These are always administrative measures (no detention). However, if the quantity of drugs possessed or cultifvated exceeds the threshold quantity of 10 daily doses, it is considered a crime, and punished by up to 1 year in prison or 120 day-fines. Law 30/2000, art. 2, art. 15. Decree-Law 15/93, art. 40(2): Acórdão n.º 8/2008. Personal possession of a limited quantity (up to 10 days of average individual consumption) is an administrative offence and may be settled with treatment or counselling. Law 30/2000, art. 2, art. 10-14. Penalties vary depending on which Table of Decree-Law 15/93 the drug is listed in. Law 30/2000, Art 16: Possession of over 10 doses shall be charged as a criminal offence under Decree-Law 15/93. Law 30/2000, art. 2 (2). Possession of drugs for personal use is punished with a fine or non-pecuniary sanction for non-addicted users, or non-pecuniary sanction for addicted users. Law 30/2000, art. 15. The law provides obligatory suspension of proceedings in cases of non-addicted users without previous record of drug law offences; for recidivists, this suspension of proceedings is optional but not obligatory. Law 30/2000, art. 11.
Romania Unlawful possession of drugs for personal use is punishable by 3 months to 2 years imprisonment for 'risk' drugs (Schedule III), and 6 months to 3 years imprisonment for 'high risk' drugs (Schedules I and II). Law 143/2000 Art. 4. Based on the evaluation of the drugs user by the Centre for Anti-drug prevention, the prosecutor decides to include a user in an integrated assistance program for drug users. If the user follows the protocol the court can decide to renounce the application of the punishment (or to postpone the punishment). Law 143/2000, Art. 19 and Art. 20(1) related to Art. 80 and Art. 83 of the Criminal Code Unlawful possession of drugs for personal use is punishable by 3 months - 2 years imprisonment for 'risk' drugs (Schedule III), and 6 months - 3 years imprisonment for 'high risk' drugs (Schedules I and II). Law 143/2000, Art. 4. The law does not differentiate penalty by quantity possessed. Law 143/2000, Art. 4. The law does not differentiate penalty by addiction factor. Law 143/2000, Art. 4. The law does not differentiate penalty by recidivism factor. Law 143/2000, Art. 4.
Slovakia Possession of drugs is punished by up to 3 years imprisonment (up to 3 doses), or up to 5 years for a larger amount (4-10 doses). Penal Code, art. 171, 135. Court may order “protective treatment” in the case of conditional suspension of sentence of imprisonment. Penal Code, art. 73, 74. Penalty does not vary for different drugs. Penal Code, art. 171. Possession of drugs for personal use is punishable by up to up to 3 years imprisonment (up to 3 doses), or up to 5 years for a larger amount (4-10 doses). Penal Code, art. 171, 135. Penalty range is not influenced by addiction factor. Addicted offenders may benefit from mechanism of 'protective treatment'. Penal Code, art. 171, 73. Penalty does not vary for recidivism according to this section. Penal Code, art. 171.
Slovenia Possession of illicit drugs in any amount is punished by a fine of 200-625 EUR. Possession of a smaller quantity of illicit drugs for one-off personal use is a misdemeanour, punished by a fine of 40 - 200 EUR. If a person voluntarily enters treatment or social security programme, they may be subject to more lenient punishment in accordance with the provisions of the Misdemeanour Act. Production of and Trade in Illicit Drugs Act 108/1999, art. 33; prison sentence removed by Minor Offences Act. Voluntary treatment is possible for possession of one dose for personal use, which results in imposition of more lenient punishment. Production of and Trade in Illicit Drugs Act 108/1999, art.33. Penalty does not vary by drug. Production of and Trade in Illicit Drugs Act 108/1999, art.33. Possession of illicit drugs is punished by a fine of 200-625 EUR or a prison sentence of up to 30 days, whereas possession of a smaller quantity of illicit drugs for one-off personal use is punished by a fine of 40 - 200 EUR. Production of and Trade in Illicit Drugs Act 108/1999, art.33. Penalty does not vary by addiction factor. Dependent and casual users can benefit from more lenient punishment once they voluntary agree to undergo treatment or social security programme. Production of and Trade in Illicit Drugs Act 108/1999, art.33. Penalty does not vary by recidivism factor. Production of and Trade in Illicit Drugs Act 108/1999, art.33.
Spain Possession in public spaces (streets, establishments or conveyances), provided no criminal offence is involved (ie not for purpose of trafficking), is a serious infraction of public safety. It is an administrative offence, which is punished with a fine between EUR 601 and 30,000. Constitutional law 4/15 art. 36 (16) The fine punishment may be suspended if the offender is between 14 and 18 years old and submits to a treatment programme if needed. Otherwise re-education activities are followed, in accordance with the procedure regulated in the Royal Decree 1079/1993, of 2 July 1993. Constitutional law 4/15, Additional provision 5. Possession of drugs in public spaces is a serious infraction of public safety. The fine does not vary by drug. Constitutional law 4/15, art. 36(16). Penalty for personal possession does not vary by quantity of drugs possessed. However, the judge may consider the quantity, among other factors, to determine personal use or trafficking. Constitutional law 4/15. Possession of drugs in public spaces is a serious infraction of public safety. The fine does not vary by addiction factor. Constitutional law 4/15. Administrative penalty (fine) for possession of drugs in public places does not vary by recidivism factor, according to the drug-specific sections of the law. But in case of recidivism (2 or more offences of the same type), the fine could be higher than the minimum (601€) and always under the maximum of 30.000€. Administrative Procedure Act 30/92
Sweden Possession of drugs is punishable by up to 3 years imprisonment. If the type of drug, quantity and other circumstances are minor (petty offence), it is punished by a fine or imprisonment up to 6 months. Act on Penal Law on Narcotics (1968:64), s. 1 (6), s. 2. Some treatment measures may be given as part of the sentence. Penal Code Chapter 28, 30. Penalty for possession does not vary for different drugs but the type of drug may influence interpretation of the behaviour as basic 'narcotic drug offence' or 'petty offence'. Act on Penal Law on Narcotics (1968:64), s. 1 (6), s. 2. Quantity is a factor in determining whether behavious shall be qualified as a basic 'narcotic drug offence' or 'petty offencez. Act on Penal Law on Narcotics (1968:64), s. 1 (6), s. 2. Penalty does not vary for addiction. Act on Penal Law on Narcotics (1968:64), s. 1 (6), s. 2. Penalty does not vary for recidivism. Act on Penal Law on Narcotics (1968:64), s. 1 (6), s. 2.
United Kingdom Possession of drugs is a criminal offence. Punishment is linked to the class of drugs involved (A, B, C, with A being the most harmful), and whether sentencing is by a Magistrate's Court (summary) or in a Crown Court (on indictment). Class A drugs: up to 6 months and/or a fine (summary); up to 7 years and/or a fine (on indictment); Class B: up to 3 months and/or a fine (summary); up to 5 years and/or a fine (on indictment); Class C: up to 3 months and/or a fine (summary); up to 2 years and/or a fine (on indictment). Police guidelines specify giving a warning for a first non-problematic personal possession of cannabis, increasing to a fine and then arrest on second and third occasions. Misuse of Drugs Act 1971, s. 5, schedule IV; ACPO Guidance on Cannabis Possession for Personal Use, 2009 Drug Intervention Programmes as alternatives to punishment. Criminal Justice And Court Services Act 2000, Criminal Justice Act 2003. Punishment is linked to the class of drugs involved (A, B, C, with A being the most harmful). Misuse of Drugs Act 1971, s. 9, Schedule 4 Punishment is linked to the class of drugs involved (A, B, C, with A being the most harmful), but does not differ depending on the amount of drug possessed. Quantities are considered only under sentencing guidelines. Misuse of Drugs Act 1971, s. 9, Schedule 4 Penalty does not vary by addiction factor. Misuse of Drugs Act 1971. According to police guidelines, the penalty for cannabis possession is a warning for a first offence, increasing to a fine and then arrest on second and third occasions. ACPO Guidance on Cannabis Possession for Personal Use, 2009
COUNTRY What is the punishment for the offence? What are the alternatives to punishment for the offence? Penalty varies by drug? Penalty varies by quantity? Penalty (response) varies for addiction? Penalty varies for recidivism?
Austria The penalty ranges for supply usually vary according to whether the drugs are classed as narcotics (N) or psychotropics (P). Purchase or possession, cultivation, production not for personal use - up to 1 year (N, P). If over threshold with intent to introduce drugs into the market - up to 3 years (N) or up to 2 years (P). Production, import, export, circulation - up to 5 years (N) or up to 3 years (P). Acting as a member of a gang - 1-10 years. Acting commercially and with previous trafficking conviction - 1-10 years (N). When over 15x threshold quantity is involved - 1-10 years (N), up to 5 years (P). There are then higher penalty ranges for offences involving narcotics, as follows: Member of a drug trafficking gang with a previous trafficking conviction, or cases involving 25 times more than the threshold quantity - 1-15 years; Leader of a drug-trafficking organisation - 10-20 years or life imprisonment. Narcotic Substances Act (SMG), s. 27, s. 28a, s. s. 30, 31, 31a. The drug law allows for temporary withdrawal of the charge or the criminal proceedings for minor supply offences, with a probationary period of 1-2 years, and where necessary these may include an agreement to go to treatment. If successful, the proceedings will be permanently closed. Narcotic Substances Act (SMG) s. 35-38. The penalty ranges for supply usually vary according to whether the drugs are classed as narcotics or psychotropics. Narcotic Substances Act (SMG), s. 28a, s. 31a. Limit quantities are defined in the 'Limit Quantity Decree'. Penalty ranges for supply vary according to whether the quantity is under or over the threshold, over 15x the threshold quantity, or over 25x the threshold quantity. These also vary by the type of drug involved (narcotic or psychotropic). Narcotic Substances Act (SMG), s. 28a, s. 31a. Lower maximum penalties for supply offences are provided for addicted offenders, depending on the crime committed the punishment shall not exceed 1, 3 or 5 years of imprisonment. Penalties are not lower for addicted offenders in case of most serious crimes, e.g. involving very large amounts of drugs or when committed as a member of a large criminal organisation. Narcotic Substances Act (SMG), s. 28a (3), s. 31a (4). Recidivism leads to a higher penalty range when combined with supply of narcotics for commercial reasons or as a member of a drug trafficking gang. Narcotic Substances Act (SMG), s. 28a (2)(4).
Belgium Drug supply is a criminal offence punished by 3 months - 5 years imprisonment. Imprisonment is extended to 5–10, 10–15, 15–20 years with aggravating circumstances (degrees of involvement of minors, injury or death, or criminal organisations). Narcotic Drug Act of 24 February 1921, art. 2bis. Problem drug users who sell drugs may be sent to therapeutic counselling (avis thérapeutique). Royal Decree of 31 December 1930, art. 26quater. Penalties differ depending on aggravating circumstances (involvement of minors, injury or death, or criminal organisations), not depending on the type of drug involved. Narcotic Drug Act of 24 February 1921, art. 2 bis. Penalties differ depending on aggravating circumstances (involvement of minors, injury or death, or criminal organisations), not depending on the amount of drug involved. Narcotic Drug Act of 24 February 1921, art. 2 bis. Penalty range is not influenced by addiction factor. However problem users may be sent to therapeutic counselling. Royal Decree of 31 December 1931, art. 26quater. The law does not differentiate the penalty by recidivism factor. Narcotic Drug Act of 24 February 1921, art. 2bis.
Bulgaria Drug supply is a criminal offence punished by imprisonment. Length of imprisonment for supply of high-risk drugs: 2-8 years, for risk drugs: 1-6 years. Penalty ranges extend to 3-12 years (for risk and high-risk drugs) and further to 5-15 years, under various aggravating circumstances, including recidivism and quantity of drugs involved. Penal code, art. '354a. Compulsory treatment is an addition, not an alternative to punishment. Penal Code, art. 92. Punishment for high-risk drugs: 2-8 years, risk drugs: 1-6 years. Penal Code, art.354a. Punishment varies by quantity. It increases to 3-12 years for supply of large quantity of drugs, 5-15 yrs for very large quantity. Penal Code, art.354a. Penalty range is not influenced by the addiction factor. Penal Code, art. 354a. In case of recidivism,punishment is elevated: imprisonment of 5-15 years and a fine of 20,000 to100,000 Levs. Penal code, art. 354a.2.4.
Croatia Unauthorised production, import and export, sale, and possession with intent to sell is punished by 1-12 years imprisonment. When aggravating circumstances occur (such as selling drugs to person with severe mental disorder, to a child, or in educational premises) the punishment range increases to 3-15 years imprisonment. Additionally, the law sets minimum limits for more serious offences: when activity is performed in an organised network - at least 3 years, when it caused serious health damage to many people - at least 5 years. Criminal Code, art. 190. The court should use a number of alternative measures to imprisonment (e.g. fines, community service, probation, treatment) for cases when a prison sentence of up to six months is prescribed and/or when offender is a drug addict/ offence is commited under influence of drugs (Criminal Code Arts. 45, 55, 60, 62, 69). Stage; verdict Penalties do not vary by drug. Criminal Code, art. 190. Penalties do not vary by quantity. Criminal Code, art. 190. Penalty does not vary by addiction. But a number of alternative measures to imprisonment (e.g. fines, community service, probation, treatment) for cases when a prison sentence of up to six months is prescribed and/or when offender is a drug addict/ offence is commited under influence of drugs. Stage; verdict. Criminal Code, art. 190. (Art. 45, 55, 60, 62, 69) Penalty des not vary by recidivism factor. Criminal Code, art. 190.
Cyprus Drug supply is punished by up to life imprisonment and/or a fine (for Class A and Class B drugs), up to 8 years imprisonment and/or a fine (for Class C drugs). Narcotic Drugs and Psychotropic Substances Law of 1977, s.5(1), s.30(1), Schedule III. The Law providing treatment alternatives to punishment, remains inactive. Law 57(I)/1992 Drug supply is punished by up to life imprisonment and/or a fine (for Class A and Class B drugs), up to 8 years imprisonment and/or a fine (for Class C drugs). Narcotic Drugs and Psychotropic Substances Law of 1977, s.5(1), s.30(1), Schedule III. Penalty does not vary by quantity, but the 'quantity of prohibited substances' shall be taken into acount as constituting less serious offence (though this does not alter the sentencing ranges). Narcotic Drugs and Psychotropic Substances Law of 1977, s.5 (1), s.30 (4)(b), Schedule III. Penalty does not vary by addiction factor, but the 'degree of dependence' implies less serious offence (though this does not alter the sentencing ranges). Narcotic Drugs and Psychotropic Substances Law of 1977, s.5 (1), s.30 (4)(b), Schedule III. Penalty does not vary by recidivism factor. Narcotic Drugs and Psychotropic Substances Law of 1977, s.5(1), Schedule III.
Czechia Drug supply is a criminal offence punished by 1-5 years imprisonment. Punishment range extends to 2–10, 8–12, 10–18 years of imprisonment in case of aggravating circumstances, e.g. involvement of minors, larger/ significant/ large scale of act/benefit, injury or death, or involvement of (international) criminal organisations. Penal code, art. 283 (1-5). No alternatives to punishment specifically related to drug offences. However, a range of probationary measures is provided in the criminal law: conditional desisting from punishment with probation, and conditional discontinuation of prosecution with probation. These may include being sent to treatment as part of a sentence given by a judge. The earliest stage of criminal proceedings for alternatives is a phase of prosecution. A prosecutor can pass a resolution on conditional discontinuation of criminal prosecution (with or without probation officer's supervision). In fact, it is more diversion in criminal proceedings as alternatives. The same resolution can pass judge without a trial or during a court hearing or after a trial instead of a judgment.. Penal Code (act no 40/2009), s. 47 (2), 48, 81-83, 84-87, 88-91, Code of Criminal Procedure s. 307, 308. Aggravating circumstances that increase sentence ranges do not include mention of the type of drug. Penal code, s. 283. Higher penalties for larger scale offences. Penal code, s. 283 (1-4). Penalty range is not influenced by the addiction factor. Penal Code, art. 283. Punishment range extends to min. 2 max. 10 years imprisonment for the second offence committed within three years from the previous conviction. Penal Code, art. 283 (2b).
Denmark Main drug law penalises supply of drugs by imprisonment up to 2 years. Penal Code applies when larger quantities are sold: up to 10 years (supplying drugs to a large number of people, and in order to obtain significant income) or 16 years (when significant amount of a particularly dangerous substance is involved). Euphoriants Act, s. 3., Penal Code, s.191. No alternatives to punishment are specified for drug-related offences. At the sentencing stage, probationary measures can be applied if the court finds punishment unnecessary (may be applied in case of any crime) and the law mentions obligation to undergo treatment as one of these measures. Penal Code, s. 57, 3-4. The law differentiates the punishment according to harmful effects of the substance. Penal Code provides: 10 year imprisonment for basic form, which extends to 16 years when 'significant amount of particularly dangerous or harmful substances' is involved. Penal Code, s.191. Larger quantities will be prosecuted under Penal Code. Penal Code provides: 10 year imprisonment for basic form, which extends to 16 years when 'significant amount of particularly dangerous or harmful substances' is involved. Euphoriants Act, s. 3. Penal Code, s.191. Penalty range is not influenced by the addiction factor. Penal Code, s. 191. The law does not differentiate penalty by recidivism factor.
Estonia Illegal supply of small quantities of drugs is punished by a fine or up to 3 years imprisonment; if the act is repeated, or supply is done by a group: fine or up to 5 years imprisonment. Trafficking of a large quantities of drugs is punished by 1-10 years imprisonment, if the act is repeated, or supply is done by a group: 3-15 years. If supply is done for the purpose of a large gain, or by a criminal organisation: 6-20 years or life imprisonment. Illicit import/export of drugs is punished by a fine or up to 5 years imprisonment; if done by a public official abusing his position, or by a group: 2-10 years. Penal Code art. 183, 184, 392. Sentence of imprisonment between 6months-2years (for any crime committed due to drug dependence) may be substituted by a treatment of drug addiction (with a written consent of the offender). Penal Code, art. 692. Penalty does not vary by drug. Penal Code, art. 183,184, 392. Different penalty ranges for small quantities and large quantities. For supply of small quantities of drugs: fine or up to 3 years. Supply of large quantities: 1-10 years Penal Code, art. 183, 184, 392. Imprisonment may be substituted by treatment in cases of drug-addicted offenders who received a prison sentence between 6months-2 years. Penal Code, art. 692 Penalty ranges are differentiated by recidivism factor. For supply of small quantities of drugs: fine or up to 3 years, when repeated: fine or up to 5 years. Supply of large quantities: 1-10 years, when repeated: 3-15 years.
Finland Drug supply is punished by up to 2 years imprisonment. The penalty range increases to 1-10 years in cases of supply of a very dangerous narcotic substance or a large quantity, considerable financial benefit, acting as a member of an organised group, distribution to minors, serious danger to life or health of several people, or when otherwise judged as aggravated. Penal Code, chapter 50, s. 1(4), s. 2. Charges or penalty may only be waived for an offence related to use. Penal Code, chapter 50, s. 7. Supply of a 'very dangerous narcotic substance' is charged as 'aggravated narcotics offence' and punished by the higher penalty range of 1-10 years imprisonment. Penal Code, chapter 50, s. 1, s. 2. Supply of a large quantity of narcotics substance is charged as 'aggravated narcotics offence' and punished by the higher penalty range of 1-10 years imprisonment. Penal Code, chapter 50, s. 1, s. 2. Penalty does not vary for addiction. Penal Code, chapter 50, s. 2. Penalty does not vary for recidivism. Penal Code, chapter 50, s. 2.
France Drug supply is punished by up to 10 years imprisonment. Leading or organising a criminal group trafficking drugs is punished by up to life imprisonment. Sale of drugs to a person for their use is punished by up to 5 years imprisonment. Penal Code, arts. 222-34 - 222-39. A sentence of up to 5 years may be suspended, together with a probation order that may include an instruction to go to treatment. Penal Code, art. 132-40-45 Penalty does not vary by drug. Penal Code, arts. 222-34 - 222-37. Penalty does not vary by quantity. Penal Code, arts. 222-34 - 222-37. Penalty does not vary by addiction factor. Penal Code, arts. 222-34 - 222-37. No variation in drug-specific penalty, but penalty is doubled in case of recidivism within 5 years as with any crime. Penal Code, Art. 132-10
Germany Penalty for basic supply offence: up to 5 year imprisonment. Penalties in particularly serious cases are elevated: a) 1-15 years for actions on a commercial basis; danger for health of several persons; involving minors; trade in significant quantities. b) 2-15 years for involvement of gangs; involving minors on a commercial basis; causing death; import of significant quantities. c) 5-15 years: significant quantities involving gangs committed to repeated offences, causing minors to commit such offences or using means prone and intended to inflict bodily injury. Act to Regulate Trade in Narcotics, s. 29(1); 29(3), 29a, 30, 30a, 30b. The execution of a sentence of imprisonment for up to two years can be suspended for an addict who follows a treatment course. Act to Regulate the Trade in Narcotics of 28 Jul 1981, s. 35. Punishment does not differ depending on the drug. Act to regulate trade in Narcotics, s. 29. Basic penalty for supply offence: up to 5 year imprisonment or a fine. Higher penalties for trade of significant quantities of drugs. Act to Regulate Trade in Narcotics, s. 29(1); 29(3), 29a, 30, 30a, 30b Penalty range is not influenced by offender's addiction. However, if a convicted person is addicted and if he/she is willing to undergo treatment for his/her addiction, the execution of a sentence of up to two years imprisonment can be suspended. Act to Regulate the Trade in Narcotics, s. 35 The law does not differentiate penalty by recidivism factor.
Greece Supply of drugs is punished by at least 8 years imprisonment. Addicts selling drugs to fund addiction, and users sharing drugs: up to 3 years imprisonment. Recidivists, cases involving public or medical officials or designated places such as schools, military bases or prison, drink spiking: at least 10 years. Professional drug trafficking with profit over EUR 75,000, when causing severe harm or death, or when use of weapons is involved: up to lifetime imprisonment. Code of Laws on Drugs no 3459/2006 (with amendments), art. 20 (1), 21 (1), 22, 23 (2). The prosecution or trial may be suspended for dependent offenders who request to go to treatment. Code of Laws on Drugs no 3459/2006 (with amendments), arts. 31-33. Trafficking of drugs which can cause serious injury: at least 10 years imprisonment or lifetime. Code of Laws on Drugs no 3459/2006 (with amendments), art. 23 (1)(a). Sentence for supply may be up to three years, rather than minimum 8 years, if a small quantity of drugs sold to fund addiction. Code of Laws on Drugs no 3459/2006 (with amendments), art. 21. Punishment for addicts supplying drugs is lowered from min. 8 years imprisonment to min. 1 year imprisonment; in minor cases it is maximum 1 year imprisonment. Code of Laws on Drugs no 3459/2006 (with amendments), art. 30 (4). Penalty for recidivist is higher than in the case of basic form of the offence: minimum 10 years imprisonment. Code of Laws on Drugs no 3459/2006 (with amendments), art. 22 (2)c.
Hungary Drug supply is punished by 2-8 years of imprisonment. If committed by a public official, or as a part of criminal conspiracy, or in military/ police/ prison premises: 5-10 years imprisonment. If a substantial quantity of drugs is involved: 5-20 years imprisonment or life. If a smaller quantity is involved: up to 2 years (lower degree crime). These penalties are increased if involving minors or educational or child welfare premises. Penal Code s.176, 177. No alternative to punishment for drug supply offences. Criminal Code, s. 180. Penalty does not vary by drug. Penal Code, s. 176. Drug supply is punished by min. 2 max. 8 years of imprisonment. If a substantial quantity is involved: min. 5 max. 15 years imprisonment or life sentence. If a smaller quantity is involved: up to 2 years. Penal Code s.176. Penalty does not vary by addiction factor. Penal Code s.176. Penalty does not vary by recidivism factor. Penal Code s.176.
Ireland Supply of drugs is punished by up to 1 year imprisonment on summary conviction; up to imprisonment for 14 years on conviction on indictment. Minimum punishment of 10 years imprisonment, and maximum of life, is set for when the value of drugs exceeds EUR 13,000. (Misuse of Drugs Act, s. 27(3A) - as amended by 1999 Criminal Justice Act). Misuse of Drugs Act 1977 s.15, s.27(3) Following conviction, the court has the option to send an offender to medical treatment or educational measures etc instead of imposing penalty (decision is based on a medical report preapred by a health board or court welfare officer). 1977 Misuse of Drugs Act, ss. 28. Penalty does not vary by drug. 1977 Misuse of Drugs Act, s. 27. Minimum of 10 years imprisonment for more serious offences, when the value of drugs exceeds EUR 13,000. 1977 Misuse of Drugs Act, ss. 15A, ss. 27(3A) (as amended by the Criminal Justice Act of 1999). Penalty range does not vary for addiction, but the court has an option to send an offender to medical treatment instead of imposing penalty (decision is based on a medical report prepared by a health board, court welfare officer). 1977 Misuse of Drugs Act, s. 28 The law does not differentiate penalty by recidivism factor.
Italy Drug supply is punished by 6 to 20 years imprisonment and a fine from €26 000 to €260 000. In minor cases (quality and quantity of substances shall be considered): from 6 months to 4 years imprisonment and a fine from €1032 and €10 329. DPR 309/90, art. 73(1), 73(5). For conviction for misdemeanours, for addicts or users, the judge may order, no more than twice, a community service (work) which can include treatment (article 73 (5), DPR 309/90). For addicts or users, the judge can suspend the execution of the sentence to detention when, after positive report in terms of article 123, the person has undertaken or is undertaking a therapeutic and social rehabilitation programme. Limited to prison sentences up to six years, or to four years in case of more serious crimes. Sentence cannot be suspended more than once (article 90 DPR 309/90). “Therapeutic assignment” to probation service is again limited to prison sentences up to six years, or to four years in case of more serious crimes. It can now be granted on a temporary basis, as a trial, before final decision, and it may be granted more than twice. The offence may be considered minor based on factors including the 'quality' of the substances. In such case the punishment is lowered from 6-20 years of imprisonment to 6 months to 4 years imprisonment. DPR 309/90 Art 73(5). The offence may be considered minor due to the 'quantity' of the substances. In such case the punishment is lowered from 6-20 years of imprisonment to 6 months to 4 years imprisonment. DPR 309/90 Art73(5). A drug dependent offender sentenced to prison for no more than 6 years may have that sentence suspended if they have successfully undergone a treatment programme. Substitution of prison by 'community work' (which can include treatment) for addicts or users is also possible. DPR 309/90, art. 73 (5-bis), art.90. Penalty does not vary by recidivism factor. DPR 309/90, Art 73. Judge cannot suspend the execution of the sentence more than once (article 90 DPR 309/90). Judge may order, no more than twice, a community service (work) which can include treatment (article 73-5 DPR 309/90).
Latvia Supply of drugs is punished by 2-8 years imprisonment. If performed by a group: 3-10 years. If in large amounts or by an organised group: 5-15 years. Penal Code, art. 2531. There is conditional release from criminal liability for those committing a 'less serious crime' who agree to undergo treatment. Penal Code Art.58.(1). Penalty does not vary by drug. Penal Code, art.2531. Supply of drugs is punished by 2-8 years imprisonment. If in large amounts: 5-15 years. Penal Code, art.2531. Penalty range does not vary for addiction but drug using offenders may be released from serving the sentence if they if voluntarily agree to undergo treatment. Penal Code 59.(4). Penalty does not vary by recidivism factor. Penal Code, art.2531.
Lithuania Drug supply is punished by 2-8 years imprisonment. When large amount of drugs is involved: 8-10 years. When very large amount of drugs is involved: 10-15 years. Penal Code, art. 260. No alternatives to punishment specifically related to drug supply offences. Penalty does not vary by drug. Penal Code, Art.260. Drug supply is punished by 2-8 years imprisonment. When large amount of drugs is involved: 8-10 years. When very large amount of drugs is involved: 10-15 years. Penal Code, Art.260. Penalty does not vary by addiction factor. Penal Code, Art.260. Penalty does not vary for recidivism. Penal Code, Art.260.
Luxembourg Drug supply is punished by 1 - 5 years imprisonment and/or a fine of €500 - €1 250 000. If with respect to minors, or causing serious injury: fine and/or 5-10 years. If in association, or causing death: 15-20 years (or lifetime imprisonment if a minor is involved). Law of 19 February 1973, arts. 8-10. No alternative to punishment for drug supply offences. Law of 19 February 1973, art. 23. Penalty does not vary by drug. Law of 19 February 1973, art. 8. Penalty does not vary by quantity. Law of 19 February 1973, art. 8. Penalty does not vary by addiction factor. Law of 19 February 1973, art. 8. The penalty can be doubled in case of recidivism within 5 years. Law of 19 February 1973, art. 12.
Malta Drug supply is punishable by 6 months – 10 years imprisonment if tried in the Court of Magistrates, and up to life imprisonment, with discretion to award a sentence of 4-30 years, if tried in the Criminal Court. Quantity of drugs, and since 2014 the role of the offender, determines prosecution in a given court. From 2006, the mandatory minimum prison term of 6 months need not apply if the offender intended to consume on the spot with others. Dangerous Drugs Ordinance, s.22. Offenders accused of crimes 'substantially attributed to drug dependence' may be referred to the Drug Offenders Rehabilitation Board. Dangerous Drugs Ordinance, (art. 6(f), art. 22(8)). Drug Dependence (Treatment not Imprisonment) Act 2015, art.8. Selling or dealing of drugs listed in Part A of Third Schedule of the Medical and Kindred Professions Ordinance is punished by life imprisonment or 4 years -30 years imprisonment and a fine (when prosecuted in Criminal Court) or 6 months-10 years imprisonment and a fine (Court of Magistrates), in case of other drugs: 12 months-10 years imprisonment and a fine (Criminal Court) or 3 months-12 months (Court of Magistrate). Medical and Kindred Professions Ordinance, art. 120A(2). Drug supply is a criminal offence, with punishment dependent on court. Court of Magistrates: 6 months – 10 years, Criminal Court: life, with discretion to award a sentence of 4-30 years. Quantity will determine prosecution of an offence in a given court; some quantities were specified in the DDO in 2014. Dangerous Drugs Ordinance, art. 22. Offenders accused of crimes 'substantially attributed to drug dependence' may be referred to the Drug Offenders Rehabilitation Board. Penalty does not vary by addiction. Drug Dependence (Treatment not Imprisonment) Act 2015, art.8. Dangerous Drugs Ordinance, art. 22. Penalty does not vary by recidivism. Dangerous Drugs Ordinance, art. 22.
Netherlands Drug supply is punished by up to 8 years imprisonment, with up to 12 years for importing (List I drugs), and up to 2 years rising to 6 years if a large quantity is involved (List II drugs). However the Opium Act Directive tolerates the sale of cannabis in 'coffeeshops' provided the detailed guidelines are strictly followed. Opium Act, art. 2B, 3B. No alternatives to punishment specifically for supply offences. However, general alternatives may also be given for supply offences if suitable. Opium Act, art. 10, 11; Criminal Code arts. 9 and 38m Penalties depend on List I or List II. Drug supply is punished by: up to 8 years imprisonment or a fine (List I drugs), up to 2 years or a fine (List II drugs). Opium Act, art. 10, 11. Supply of large amount of List II drugs is punished by up to 6 years imprisonment or a fine. Basic form of the offence: up to 2 years or a fine. Opium Act, art. 11(5). Penalty does not vary for addiction. Opium Act, art. 10, 11. Penalty does not vary for recidivism in law. However, guidelines to public prosecutor set out detailed penalty increases. Opium Act, art. 10, 11.
Norway Drug supply is punishable by up to 2 years imprisonment. If aggravated (considering the type and quantity of drug): up to 10 years. If the offence involves supply of a considerable quantity of drugs: 3-15 years imprisonment. If 'especially aggravating circumstances' occur: up to 21 years imprisonment. Civil Penal Code, s. 162. Execution of sentence may be in an institution under supervision if necessary. There is a drug court programme running in two cities for those convicted of minor crimes. Corrections / Execution of Sentence Act s.12 Drug supply is punishable by up to 2 years imprisonment, but an aggravated offence (for which the type of drug is named as one factor) may be punishable by up to 10 years. Civil Penal Code, s. 162. Drug supply is punishable by up to 2 years imprisonment, but an aggravated offence (for which the quantity is named as one factor) may be punishable by up to 10 years. If the offence involves supply of a considerable quantity of drugs, the penalty range is 3-15 years imprisonment. Civil Penal Code, s. 162. Penalty does not vary for addiction. Civil Penal Code, s. 162. Penalty does not vary for recidivism. Civil Penal Code, s. 162.
Poland The law defines supply offences according to motive and scale. Cultivation of poppy, cannabis or coca, or drug production, is punishable by up to 3 years. Cultivation in large quantities: 6 months-8 years. If a production offence involves a substantial amount of drugs or was committed in order to receive benefit: minimum 3 years. Import, export or transit of drugs is punished by up to 5 years imprisonment. In cases of lesser gravity: up to 1 year. If the offence involves a substantial amount of drugs or was committed in order to receive benefit: minimum 3 years. Introduction of drugs into circulation (wholesale supply) is punishable by 6 months-8 years imprisonment. In cases of lesser gravity: up to 1 year. If involving a considerable quantity: 2-12 years. Supply (giving or sharing): up to 3 years imprisonment. If adressed to a minor, or involving a considerable quantity: 6 months-8 years. Supply with the objective of obtaining benefit (dealing): 1-10 years imprisonment. If adressed to a minor: minimum 3 years. In cases of lesser gravity: up to 2 years. Act on Counteracting Drug Addiction, s. 53-59, 63. In cases of crimes punishable by not more than 5 years imprisonment, the public prosecutor can suspend investigation against the offender who is addicted or using drugs in a harmful way if he/she voluntarily agrees to participate in a treatment or a prevention programme. Successful completion of the programme results in a 'conditional discontinuance of proceedings', which leads to imposition of a probation period and no sentencing. The same procedure can be applied during court phase of proceedings. Act on Counteracting Drug Addiction, art. 72, 73. No differention of penalty by drug. Act on Counteracting Drug Addiction, s. 55-59. Penalty varies by quantity. A significant quantity will lead to a higher penalty range for the offences of cultivation, production, import, export or transit of drugs, Introduction of drugs into circulation, Supply with intent to obtain benefit. Act on Counteracting Drug Addiction, s. 53-59, 63. Penalty ranges do not vary for addiction; both addicted and non-addicted users may benefit from the possibility of suspension of proceedings. Act on Counteracting Drug Addiction, art. 72. Drug law does not differentiate penalties by recidivism factor. Act on Counteracting Drug Addiction, s. 61.
Portugal Punishment for trafficking of drugs depends on the classification (list) of the drugs involved. Supply is punished by 4-12 years of imprisonment (lists I to III), or 1-5 years imprisonment (list IV). Minimum and maximum penalties for trafficking are increased by one-quarter in various defined aggravating circumstances, including involvement of minors, large benefit, abuse of position, involvement in an international criminal group, and in designated locations. Minor trafficking offences are punishable by 1-5 years imprisonment (lists I-III and V-VI) or up to 2 years imprisonment (list IV). If organising or financing a criminal group the punishment is 10-25 years of imprisonment, while leading a criminal group is punished by 12-25 years imprisonment. Decree-Law 15/93, art. 21, 24, 25, 28. The court can suspend execution of punishment if the offender is considered drug dependent and he agrees to undergo voluntary treatment, under general conditions defined in the Criminal Code. Decree-Law 15/93, art 44. Punishment varies depending on the drug. For drugs in lists I-III: 4-12 years of imprisonment. For drugs in list IV: 1-5 years of imprisonment. For minor trafficking of drugs in lists I-III and V-VI: 1-5 years of imprisonment, for minor trafficking of drugs in list IV: up to 2 years. Decree-Law 15/93, art. 21, 25. May be considered a minor offence, leading to lower sentencing range, according to the quantity of drugs supplied. Decree-Law 15/93, Art.25. The penalty range is not differentiated by the addiction factor. However, the execution of the sentence may be suspended for dependent offenders. Decree-Law 15/93, art. 25. Drug law does not differentiate penalty by recidivism factor. Decree-Law 15/93, art. 24.
Romania The penalty range for supply offences depends on the classification of the drugs involved. Supply of 'risk' drugs is punished by 2-7 years imprisonment, while supply of 'high risk' drugs is punished by 5-12 years imprisonment. Import or export of 'risk' drugs is punishable by 3-10 years, while for 'high risk' drugs the range is 7-15 years. Intentional prescription of 'high-risk' drugs by a doctor without objective justification is punishable by 1-5 years. Law no 143/2000. Art.2, Art.3 and Art.6(1) No alternatives to punishment for drug supply offences. Law 143/2000, Art. 19 Supply of risk drugs is punished by 2-7 years imprisonment, while supply of high risk drugs is punished by 5-12 years imprisonment. Law no 143/2000. Art. 2 Penalty does not differ depending on the amount of drugs involved. Law no 143/2000. Art. 2 Penalty is not differentiated by the addiction factor. Law no 143/2000. Art. 2 Penalty is not differentiated by the recidivism factor. Law no 143/2000. Art. 2
Slovakia Drug supply is punishable by 3-10 years imprisonment. If a larger amount of drugs is involved (with a street value of over 10 times the 'baseline' amount of €266), or in case of recidivism, or against a protected person, or by a person in addiction treatment: the penalty range is 10-15 years. If supply is on a considerable scale (more than 100 times the 'baseline'), or causing serious harm or death, or against a person aged under 15: 15-20 years imprisonment. If on a large scale (more than 500 times the 'baseline'), causing multiple harm/deaths, or as a criminal group: 20-25 years, or life imprisonment. Penal Code, art. 172. As supply is not likely to be judged as a minor offence, 'protective treatment' would be ordered in addition to punishment, rather than as an alternative. Penal Code, art. 73, 74. Penalty does not vary for different drugs. Penal Code, art. 172. Penalties increase according to scale of offence. For basic form of supply offences: min. 3 years max. 10 years imprisonment. If larger amount (with a street value of over 10 times the 'baseline' amount of €266: 10-15 years. If on a considerable scale (more than 100 times): 15-20 years. If on a large scale (more than 500 times): 20-25 years, or life imprisonment. Penal Code, art .172. When supply offence is committed by the person receiving treatment for drug addiction the penalty range is higher i.e. min. 10 max. 15 years imprisonment (compared to 3-10 years for basic form of the offence). Penal Code, art. 172 (2)b. Drug supply is punished by 3-10 years imprisonment. For recidivists, penalty range is higher: 10-15 years imprisonment. Penal Code, art. 172.
Slovenia Drug supply is punishable by 1-10 years imprisonment. It may be punished by 3-15 years with aggravating circumstances, which include supply to minor, mentally ill, person with a temporary mental disorder, drug dependent person, or when it is committed in educational or training institution, in prison or at public events, as well as when it is committed by a teacher, educator or civil servant. When performed by a member of criminal organisation: 5-15 years imprisonment. Criminal Code, art. 186. The law provides the possibility of suspending a prison sentence with imposition of probationary measures which include participation in treatment (if a prison sentence imposed by the court does not exceed two years of imprisonment or a fine, and the minimum punishment set in the law does not exceed 3 years). Criminal Code, art. 57, 58, 65. Penalty does not vary for different drugs. Criminal Code, art. 186. Penalty does not vary by quantity. Criminal Code, art. 186. Penalty does not vary for addiction. Criminal Code, art. 186. Penalty does not vary by recidivism factor. Criminal Code, art. 186.
Spain Supply of drugs causing serious damage to health is punishable by 3-6 years imprisonment, and in cases of other drugs: 1-3 years. There is the possibility to impose lower penalties on the basis of 'personal circumstances and severity of the offence'. More serious penalties can be awarded in a number of aggravating circumstances, including for certain professions, against vulnerable people, in large quantities, in defined locations, or involving organised crime. The general system of extenuating and aggravating circumstances is applicable as well. Penal Code, art. 368-370. Punishment of up to 5 years prison for a crime committed due to drug addiction could be suspended if the prisoner willingly takes a detoxication treatment and does not abandon it. Penal Code Arts. 80.5, 87.2 Higher penalties for drugs causing serious damage to health. Penal Code, art. 368. Higher penalties for supply of larger quantities of drugs. Penal Code, art 369(5). The judge could reduce the prison punishment taking into consideration the personal and crime circumstances, and provided there are no specific aggravating circumstances foreseen in art. 369bis and 370 of the Penal Code Recidivism is not mentioned in the drug-specific sections of the Penal Code, but it is one of the generic aggravating circumstances foreseen in the Penal Code art. 22.8.
Sweden Drug supply is punished by up to 3 years imprisonment. If the type of drug, quantity and other circumstances are minor (petty offence), supply is punished by imprisonment for up to 6 months. A grave narcotic offence (part of a large-scale or professional activities, involving especially large quantities of narcotics or of particularly dangerous or unscrupulous nature) is punished by 2-10 years imprisonment. Act on Penal Law on Narcotics (1968:64), s. 1, s. 2, s. 3. Some treatment measures may be given as part of the sentence. Penal Code Chapter 28, 30. The type of drug is one factor that should be considered when choosing to charge the offender with a 'narcotic drug offence' or 'petty offence'. Act on Penal Law on Narcotics (1968:64), s. 1-3. Quantity is a factor in determining 'narcotic drug offence', 'petty offence' or 'grave offence'. Act on Penal Law on Narcotics (1968:64), s. 1-3. Penalty does not vary for addiction. Act on Penal Law on Narcotics (1968:64), s. 1-3. Penalty does not vary for recidivism. Act on Penal Law on Narcotics (1968:64), s. 1-3.
United Kingdom Punishment for supply offences is linked to the class of drugs involved (A, B, C, with A being the most harmful). Class A: up to life imprisonment; Class B drugs: up to 14 years; Class C: up to 14 years. Misuse of Drugs Act, Schedule IV. Drug Intervention Programmes as alternatives to punishment. Criminal Justice And Court Services Act 2000, Criminal Justice Act 2003. Punishment is linked to the class of drugs involved (A, B, C, with A being the most harmful). Misuse of Drugs Act s. 4, Schedule 4. Punishment is linked to the class of drugs involved (A, B, C, with A being the most harmful) but not to the quantity. Misuse of Drugs Act s. 4, Schedule 4. Penalty does not vary by addiction factor. Misuse of Drugs Act 1971. Penalty is influenced by recidivism factor only for a third act of trafficking class A drugs, which should receive minimum sentence of 7 years imprisonment. Misuse of Drugs Act 1971; Powers of Criminal Courts (Sentencing) Act 2000, s. 110.
Country Classification system
Austria Penalty varies by drug only for supply offences (narcotic vs. psychotropic drugs). All substances as defined by law are listed in several schedules introduced by three decrees covering respectively: narcotics (5 schedules); psychotropic substances (1 schedule); precursors (2 schedules). Any substance to be officially designated as a controlled drug must be included in one of the relevant decrees (Suchtgiftverordnung 374/1997, Psychotropenverordnung 375/1997, Vorläuferstoffeverordnung 376/1997).
Belgium Penalty varies by drug for personal possession offences, and is linked to drug type only for cannabis (Narcotic Drug Act of 24 February 1921, art. 11). There are two lists of drugs, in the Royal Decree of 31 December 1930 on narcotic substances (including cannabis, heroin, cocaine, codeine, methadone), and the Royal Decree of 22 January 1998 on psychotropic substances (including some amphetamines, buprenorphine, hallucinogens, MDMA).
Bulgaria Penalty varies by drug for all type of offences: use (only punished when refers to 'high-risk and especially harmful substances'), possession and supply (different penalties for 'high-risk' and 'risk substances'). Controlled substances are listed in the Annexes to the Law for the control over the narcotic substances and precursors of 3 Oct 1999 and defined in the Regulation for classification of plants and substances as drugs (Approved by Decree _ 293 of 27.10.2011). There are three Schedules. Schedule 1 (Enclosure 1) lists substances of high risk with no medical or veterinary use, Schedule 2 lists those of high risk but with medical or veterinary use, Schedule 3 lists what are called 'risk' substances (Law for the control over the narcotic substances and precursors of 3 Oct 1999, art. 3(2)).
Croatia Penalty does not vary for different drugs. Croatia controls substances in the List of drugs, psychotropic substances and plants from which drugs can be extracted, and Precursors, which is is established, and amended, by the Minister of Health. This contains three groups: Group 1 (narcotic drugs and plants from which drugs can be extracted, subdivided into parts 1-3); Group 2 (psychotropic substances and plants, subdivided into parts 1-4); Group 3 (precursors, subdivided into categories 1, 2 and 3).
Cyprus Penalty varies by drug for both personal possession and supply offences. The Narcotic Drugs and Psychotropic Substances Law of 1977 lists three classes of drugs according to harm and level of abuse potential: Class A (methadone, morphine, MDMA, LSD, heroin), Class B (cannabis, codeine, some amphetamines),Class C (amphetamines, sedatives, benzodiazepines, buprenorphine).
Czechia Penalty varies by drug for personal possession offences, and is linked to drug type only for cannabis and other substances containing THC. As of Jan 2014, Govt Regulation 463/2013 Coll divides drugs and precursors according to the UN Conventions of 1961, 1971, 1988. The controlled substances are divided into 8 lists/schedules. Schedules 1 – 7 list narcotic and psychotropic substances, Schedule 8 covers preparations containing these drugs. Schedules are updated by the Parliament when it is necessary.
Denmark Penalty varies by drug for supply offences. The Executive Order no. 557 of 31 May 2011 (issued accordingly to the delegation precised in the Euphoriants Act ) lists 5 schedules: A, B, C, D and E. Schedule A includes substances such as: cannabis, heroin, prepared opium, etc. Schedule B includes substances such as: cocaine, MDMA, amphetamines, methadone. Schedule C includes substances such as codeine, while schedule D contains barbiturates and schedule E contains tranquillisers.
Estonia Penalty does not vary for different drugs. Act on Narcotic Drugs and Psychotropic Substances and Precursors thereof, specifies that drugs are to be classified by decrees of the Minister of Social Affairs. Decree No 73 on the procedure for handling of narcotic drugs and psychotropic substances (adopted 18.05.2005, entered into force 5.06.2005) contains an annex dividing narcotic drugs into 5 Schedules. Based on the nature of the controls required schedules include (among others): (1) amphetamine, opium, cannabis, MDMA , (2) cocaine, methadone, morphine, (3) codeine, tramadol, (4) diazepam, (5) GBL.
Finland Penalty varies by drug only for supply offences (supply of 'very dangerous drug' aggravates punishment), though the type of drug may also influence the decision to waive charges for a petty personal use offence. Legal definition of a narcotic substance refers to the substances and preparations mentioned in the 1961 UN Single Convention on Narcotic Drugs and the 1971 UN Convention on Psychotropic Substances (Narcotics Act 373/2008, s. 3(5)). The law also acknowledges an obligation to monitor certain precursors. The Finnish legal system introduces the concept of very dangerous substances as aggravating circumstances, but no distinction is actually made in law between substances.Pursuant to the Narcotics Act 11289/1993, the Ministry of Social Services and Health shall give decrees on including new substances to the list of controlled substances and their precursors.
France Penalty varies depending on whether the substance is classed as 'narcotic' or 'psychotropic'. Illicit substances are annexed to two legal acts, both Decree-Laws dated 22 February 1990: 'Arrêté du 22 février 1990 fixant la liste des substances classées comme stupéfiant' (narcotic drugs) and 'Arrêté du 22 février 1990 fixant la liste des substances psychotropes' (psychotropic drugs). The first act includes 4 lists: List I - narcotic substances such as heroin, cocaine, cannabis, methadone, opium, etc., List II - substances like codeine, propiram, etc.; (Lists I and II correspond to those in the Single Convention of 1961);List III - psychotropic substances of the 1971 Vienna Convention, such as: amphetamines, ecstasy (MDMA), LSD, etc; List IV - substances not controlled at the international level, such as: MBDB, 4-MTA, Ketamine, Nabilone, THC, etc. The second act includes 3 lists: List I - UN71 Schedule III (buprenorphine, cathine) and IV (barbital, diazepam), List II - Preparations (not injectable) containing benzphetamine /mefenorex/ phentermine. Preparations (injectable) containing gamma-hydroxybutyric acid; List III - Zaleplone, zopiclone, buthorphanol, all the preparations containing these substances. Precursors are listed and controlled under Decree Law of 5 December 1996 (Décret n°96-1061 du 5 décembre 1996).
Germany Penalty does not vary for different drugs. Controlled substances are listed in the Act to Regulate the Trade in Narcotics (BtMG). There are three Schedules. Schedule I contains 'non-marketable narcotics': these are illicit narcotics without current evidence-based medical benefit, e.g. heroin and all ecstasy-type drugs. Schedule II includes 'marketable narcotics, but not available as such on special prescription', e.g. narcotics which are used commercially for the manufacture of other products, particularly pharmaceuticals. These include, inter alia, delta-9-tetrahydrocannabinol (THC) and dexamphetamin. Schedule III contains 'marketable narcotics, which are approved for medical use and available on special prescription', these are all narcotic drugs which may be prescribed by physicians, dental surgeons and veterinary surgeons for medical purposes (e.g. opium, morphine and methadone).
Greece Penalty varies by drug for supply offences, minimum penalty for 'trafficking of drugs which can cause serious injury' is elevated compared to trafficking of other drugs. Code of Laws on Drugs no 3459/2006 (with amendments) contains four lists according to the level of control: (A) handling is the exclusive right of the State (cannabis, heroin, LSD, MDMA);(B) handling is the right of the State Drugs Monopoly (cocaine, methadone, morphine);(C) handling may be by licensed individuals (amphetamines, codeine); (D) distribution may be by pharmacies (barbiturates, tranquillisers, buprenorphine).
Hungary Penalty does not vary by drug. For regulatory purposes, the Governmental Order 142/2004 contains 2 lists of narcotic drugs following Sch.I and II of UN61 (and a third list about medicines not considered as drugs but their trade is subject to a drug activity permission), and 4 lists of psycotropic substances, following Schs. I-IV of UN71.
Ireland Penalty varies by drug for personal possession offences, and is linked to drug type only for cannabis. The Misuse of Drugs Regulations1988 lists five schedules of drugs, based on the nature of the controls required and the usefulness of the drugs, including: (1) cannabis, LSD, MDMA, (2) cocaine, heroin, methadone, morphine, (3) other psychotropic substances, (phentermine), (4) medicaments (diazepam), (5) specific preparations.
Italy Controlled substances in Italy are classified in lists attached to the DPR 309/90. Law by decree 20th March 2014, nr. 36 (converted into law by Law 16 May 2014, nr. 79) defines the system of classification of drugs in four Lists (lists I and III establishing more serious sanctions for substances with higher impact); (lists II and IV establishing less serious sanctions for substances with lower impact, including cannabis) and a new separate list for medicines including those for pain management and detoxification. List I includes opiates, cocaine, amphetamines, hallucinogens, and synthetic drugs which can be linked to cannabis. List II includes all kinds of cannabis. List III includes Barbiturates, List IV incudes Benzodiazepines.
Latvia Penalty does not vary by drug. Cabinet Regulations No 847 adopted 08.11.2005 'Regulations regarding narcotic substances, psychotropic substances and precursors to be controlled in Latvia' (Noteikumi par Latvijā kontrolējamajām narkotiskajām vielām, psihotropajām vielām un prekursoriem) establishes three lists of drugs: Schedule I - prohibited especially dangerous substances and plants (cannabis, amphetamines, heroin, LSD, MDMA); Schedule II - very dangerous substances permitted for medical and scientific use (cocaine, buprenorphine, methadone, morphine); Schedule III - dangerous psychotropic substances that can be abused (diazepam, barbital). Controlled substances are also scheduled in the annex 2 of the Law 'On the Procedures for the Coming into Force and Application of the Criminal Law' (contains four Schedules) that define the maximum amount recognised as small and the minimum amount recognised as large.
Lithuania Penalty does not vary by drug. The Law on the Control of Narcotic and Psychotropic Substances (January 8, 1998 No. VIII – 602 as amended) and the Order of the Minister of Healthcare of the Republic of Lithuania regarding the approval of list of narcotic and psychotropic substances (January 6, 2000 No 5 as amended) list drugs in three Schedules: 1. Plants, narcotic and psychotropic substances prohibited for medical use, because they bring about harmful consequences to human health, when they are being misused (amphetamine, cannabis, heroin, LSD, MDMA, psilocybin); 2. Plants, narcotic and psychotropic substances, used for health care purposes, which are very dangerous to human health due to the harmful consequences when these substances are misused (buprenorphine, cocaine, codeine, methadone, morphine); 3. Plants and psychotropic substances used for health care purposes, which are dangerous to human health due to the harmful consequences of the misuse of these substances (diazepam, ketamine, phenazepam).
Luxembourg Penalty varies by drug for personal possesion offences, and is linked to drug type for cannabis. Classification of drugs is regulated by the Grand Ducal decrees, which cover narcotic drugs, toxic and psychotropic substances and precursors. These are primarily the decree of 4 March 1974 and amendments concerning toxic substances; the decree of 20 March 1974 and amendments concerning psychotropic substances; the decree of 26 March 1974 and amendments concerning narcotic substances and the decrees of 8 May 1993 and 30 January 2004 and amendments concerning precursors, in addition to several laws adopting the UN conventions.
Malta Penalty varies by drug for use offences (only use of prepared opium is punished) and supply offences. The Dangerous Drugs Ordinance deals with narcotic drugs. The drugs: opium, coca leaves and cannabis are specifically mentioned in the substantive provisions. Following this, provisions covering all other dangerous drugs including cocaine and morphine follow. The first schedule of this Ordinance applies to preparations containing any of the drugs listed within the Schedule. It is separated into three Parts, effectively the same as Schedules 1-3 of the 1961 UN Convention. The third Schedule lists precursors under international control, divided into Tables I and II appropriately. Additionally, the Medical and Kindred Professions Ordinance in the Third Schedule deals with psychotropic drugs, it is divided into Parts A and B; respectively, those substances which do not have recognized medical usage, and those which do.
Netherlands Penalty varies by drug for personal possession offences and supply offences. Illegal substances are annexed to the Opium Act and divided in two schedules: substances presenting unacceptable risks and other substances. Schedule I, 'drugs presenting unacceptable risks', includes, among others, opiates, cocaine, cannabis oil, codeine, amphetamines and LSD. Schedule II includes tranquillizers and barbiturates as well as cannabis (without the qualification of unacceptability).
Norway Penalty only varies by drug for supply offences, it may be aggravated according to what substance is involved. The Civil Penal Code and the Act relating to Medicines (no. 132 of 4. December 1992) do not define the term 'drugs'. The Act relating to Medicines, in § 22, empowers the King to determine what substances shall be deemed to be narcotic drugs. The King has then empowered the Director of Health (as from 1 January 2001, the Norwegian Medicines Agency) who has laid down a detailed list of narcotics, cf. the Regulation relating to narcotics etc. (The Narcotics' List of 30. June 1978, no 8). Included in the national narcotic drug list are all the psychotropic substances (cf. Convention on Psychotropic Substances) and narcotic drugs (cf. Single Convention on Narcotic Drugs). The Regulation of 1978 gives one alphabetical list in table format, showing the import/export requirements, whether or not the drug is banned, and any special exemptions or provisions.
Poland Penalty does not vary by drug. The Act of 29 July 2005 on counteracting drug addiction includes two appendices. The first one covers the list list of narcotic substances that are divided into following groups: I-N, II-N, III-N and IV-N. The seond one covers the list of psychotropic substances that are divided into following groups: I-P, II-P, III-P and IV-P. All the lists and relevant groups follow the pattern used in the international agreements. The Act refers directly to the Regulation 273/2004/EC as regards precursors.
Portugal Penalty varies by drug for all types of offences: use, personal possession and supply. Controlled substances are annexed to the main drug law Decree Law 15/93 included in 6 lists, regularly updated by decree laws. List 1 is divided into opiates; coca derivatives; Cannabis and derivatives. List 2 is divided into Hallucinogenic; Amphetamines; Barbiturates. List 3 contains preparations with controlled substances; List 4 tranquillisers and analgesics and lists 5 and 6 contain precursors.
Romania Penalty varies for both personal possession and supply offences ('risk' vs 'high risk' drugs). The Law no. 143/2000 as amended lists the illicit substances under control, in Art. 1, as follows: (1) High risk drugs – Schedules I and II; (2) Risk drugs – Schedule III; (3) Precursors/substances frequently used in drugs manufacturing – Schedule IV. Consequently, the Law is accompanied by 4 Schedules. Additionally, the Law no. 339/2005 sets up the judicial regime regarding the cultivation, production, manufacture, storage, trade, distribution, transportation, possession, provision, transmitting, mediation, purchase, use and transiting the national territory of the plants (wild or cultivated), substances and preparations listed in Schedules I, II and III in the annex of the law. Substances from the licit circuit are classified according to the recognized value for medicine, as follows: (1) Schedule I – plants, substances and preparations containing forbidden psychotropic and narcotic substances, without any recognized interest for medicine; (2) Schedule II – plants, substances and preparations containing forbidden psychotropic and narcotic substances with a recognized interest for medicine, subject to a strict control; (3) Schedule III – plants, substances and preparations containing forbidden psychotropic and narcotic substances with a recognized interest for medicine, subject to control.
Slovakia Penalty does not vary by drug. Controlled substances are listed in the Act No. 139/1998 'Collection of laws on Narcotic Drugs, Psychotropic Matters and Substances' (ZÁKON o omamných látkach, psychotropných látkach a prípravkoch) that came into effect on June 1st 1999. The general criterion for classification is the health impact of a particular substance. Substances are grouped in three categories, which include salts of narcotic drugs whenever they exist. First Group includes cannabis, heroin, LSD, MDMA. Second Group includes cocaine, amphetamine, methadone. Third Group includes buprenorphine, codeine.
Slovenia Penalty does not vary by drug. On the basis of the Production of and Trade in Illicit Drugs Act 108/1999, the Decree on the Classification of Illicit Drugs was adopted in 2000 (uredbo o razvrstitvi prepovedanih drog, decree No. 49/2000, with further amendments). The Decree divides drugs into groups I, II, and III according to their medicinal use and according to the level of risk to human health as a possible result of their abuse. The list of groups of drugs is a component part of the Decree and is updated with new drugs as required. Group I: plants and substances which are very dangerous to human health due to the severe consequences which can result from their abuse and which are not used in medicine (heroin, cocaine, opium poppy concentrate, cannabis/THC, PCP, MDMA, MDA, MDE, khat, mescaline, psilocybin, etc); Group II: plants and substances considered highly dangerous, due to the severe consequences which can result from their abuse, and which can be used in medicine (cocaine, amphetamine, methamphetamine, opium, morphine, codeine, methadone, buprenorphine, etc.); Group III: plants and substances of medium danger, due to the consequences which can result from their abuse, and which can be used in medicine (mostly barbiturate and non-barbiturate hypnotics and anti-epileptics, benzodiazepine anxyolitics and hypnotics, and stimulants and anorectics /arylalkylamin and others/ such as: GHB and 2 C-B).
Spain Penalty varies by drug for supply offences, higher penalty for supply of drugs causing serious damage to health. There is no specific list or schedule where the controlled drugs are classified. Judicial authorities refer directly - for the interpretation and application of the laws in accordance with the art. 2 of the Order of 8th July 1967 (no 17/1967) and art. 1 of the Royal Decree 2829/1977 - to the schedules of narcotics drugs and psychotropic substances included, respectively, in the 1961 Single Convention and in the 1971 Convention on Psychotropic Substances.
Sweden Penalty does not vary by drug. The term 'narcotic drugs' is defined in Section 8 of the Act on Penal Law on Narcotics (1968:64): narcotic drugs are considered to be medicines or substances hazardous to health with addictive properties, or inducing a state of euphoria, which the Government has declared to be 'narcotic drugs' within the meaning of the Act. The Ordinance on Prohibition of Certain Goods Dangerous to Health (1999:58) lists substances under control but which are not classified as narcotics. It is common that those substances become classified as narcotic drugs after further investigation. For substances already classified as narcotic drugs, the Medical Products Agency Regulation 2000:7 (amending Ministry of Health Regulation 1997:12) has five lists.I: drugs without medicinal use (cannabis, heroin, MDMA, LSD); II: drugs with a limited medicinal use and a high risk of addiction (amphetamines, cocaine, methadone); III: drugs with medicinal use and a risk of addiction (codeine); IV: drugs with medicinal use and a low risk of addiction (barbiturates, benzodiazepines, buprenorphine); V: drugs prohibited in Sweden but not internationally.
United Kingdom Penalty varies by drug for all types of offences: use (only use of prepared opium is punished), personal possession and supply (penalty depends on the class of drug: A, B, C). The Misuse of Drugs Act 1971 determines three classes for misuse, based on the level of harm caused:Class A (cocaine, methadone, morphine, MDMA, LSD, heroin), Class B (cannabis, codeine, some amphetamines, mephedrone, synthetic cannabinoids), Class C (amphetamines, benzodiazepines, buprenorphine, GHB/GBL, BZP, anabolic steroids). Additionally, the Misuse of Drugs Regulations 2001 denote five schedules for regulatory purposes: I: including cannabis, hallucinogens; II: including most opiates, cocaine; III: including some barbiturates, some stimulants; IV: benzodiazepines and anabolic steroids; V: preparations.
Loading