Drugs Use and Possession

Law punishes possession of up to 3 grams of cannabis or cannabis resin with a police fine of €75-125. The same applies for possession of one cannabis plant in cultivation. If the offender is found with cannabis again within one year, there will be a fine of €130-250, and a third offence within a year of the second may result in imprisonment for 8-30 days and a fine of €250-500. Cannabis oil or cake cannot be interpreted as for personal use, no matter how small the amount.

If there is an element of public nuisance, such as smoking in the presence of minors, near schools or army barracks, the penalty will be from 3 months to 1 year in prison and/or a fine of €5,000–500,000. If there is evidence of problematic use, the offender will be assigned a case manager by the prosecutor to receive appropriate therapeutic counselling.

Law punishes possession of drugs other than cannabis by imprisonment for between three months and five years, and/or a fine. The term of imprisonment may be increased to fifteen or even twenty years in the event of specified aggravating circumstances (drug offences in relation to minors aged less than twelve, or committed in the course of a criminal organisation such as manager of a criminal organisation). Possession for personal use can give rise to a suspended sentence, either with a probation order or not. A case for possession of drugs other than cannabis may be closed by the prosecutor with referral to a service for assistance of addicts.

Trafficking and drug related crime

The law prohibits the production, import, export, manufacture, transport, possession, sale etc., and the basic penalties include imprisonment for a period of three months to five years and/or a fine. Depending on the gravity of these crimes penalties can be increased up to 10, 15-20 years in case of involvement of minors; up to 15 in relation to the consequences of the crime for third persons: an incurable disease or death; and up to 20 in relation to large scale trafficking implications.

Precursors

Regarding intra-community trade, non-compliance with documentation rules will be subject to a fine of €1,000-5,000 and/or 8-90 days in prison, and crimes regarding import, export, possession, manufacture, sale or offering may result in imprisonment for 2-5 years and/or a fine of €3,000–10,000. Penalties for improper trade outside the community may be punished by a fine to the value of the goods concerned, and they shall be confiscated. General breaches of the Council Regulation, and the General Law on Customs, if not covered by another sanctions, may be subject to a fine of €125–1,250 and confiscation of the goods.