Use and Possession
Use of drugs in public is punishable with a fine. If the offender is a drug addict committing offences due to their addiction, the court shall sentence them to obligatory addiction treatment precautionary measure.
Illegal possession of drugs is prohibited with a maximum penalty of one year in prison and/or as an administrative offence, punishable by a fine from €140–14,000.
Inappropriate disposal of used syringes and needles is punishable with a fine.
Trafficking and drug-related crime
The basic penalty for possession with the aim to sell is a prison sentence from 1-12 years. Any form of actual supply (production, sale, distribution) is punished by 3-15 years imprisonment. When the offender is part of a group or criminal organization, the maximum punishment rises to life.
Drug cultivation, possession, trade, production are also administrative offences, punishable by a fine from €140-14,000. It also defines offences whereby a drug is put in another person’s food or drink, and where medications containing drugs are carried across a country’s border without a doctor’s prescription. Offenders should be fined, and in case they are a drug addict or user, the court shall also sentence them to obligatory treatment precautionary measure in a medical institution or any other institution for a period lasting from three months to one year.
Prosecution and Practice
A criminal prosecution can be postponed for an offence that is punishable by a fine or imprisonment of up to 5 years. This requires the offender's consent and readiness to undergo drug rehabilitation or other activities. If the treatment program is attended as agreed, no entry is made in the criminal record.
In all the cases in which offenders are convicted and the expert evaluation determines that the offender is addicted to drugs, they are sentenced to the ‘addiction treatment precautionary measure’.
According to the Law on Combating Drugs Abuse, as well as the fine, an offender who is addicted to drugs or is an experimental drug user will be given a safeguard measure of obligatory treatment in a medical institution or a safeguard measure of drug rehabilitation in an institution for social care (usually a non-governmental organization), lasting from three months up to one year. If the offender successfully completes the rehabilitation process, the fine shall not be imposed.
Trade in drug-manufacturing equipment or precursors is punishable by 3 months to 5 years in prison. Unauthorized manufacturing, possession, acquiring, trading, export, import of precursors can also be administrative offences punishable by fine.