Drug Use and Possession
Drug use is not regarded as a criminal offence. If anyone is caught with a small quantity of drugs without intention to supply, the police/prosecutors will deliver the case to the specialised local police units that are competent to impose an administrative sanction to the offender (a fine, community service or warning). Since 2011, police officers are allowed to issue fines on the spot for drug use. Possession of a quantity greater than small is a criminal offence and the case is forwarded to the court.
The “quantity greater than small” for different types of drugs is as follows:
- Heroin: 1.5g
- Cocaine: 1g
- MDMA (ecstasy): 4 tablets
- Cannabis: 15g
- Hallucinogenic mushrooms: 40 pieces
Trafficking and Drug-Related Crimes
Unauthorized production, supply, acquiring, storing, import, export, transporting of controlled substances (drug trafficking) is a criminal offence. Distribution of drugs is regarded as a serious offence. Nevertheless, the court takes into account whether the person dealt drugs in order to finance his/her addiction or with an intention to gain profit. The latter is usually sentenced to a higher penalty. In addition, the court also considers the number of lethal doses that could be made of the seized drug.
The penalty can be up to 10 to 15 years of imprisonment if illicit traffic is carried out within the framework of an international criminal organization, or benefit from the committed crime is 5,000,000 CZK (c. €185,000) at least, or it caused death.
Production, storage, possession of instruments that serve for production of controlled drugs, and propagation of drug addiction are specific drug-related crimes. In this context, we should mention that growing of cannabis is not a criminal offence. Propagation of addiction means supporting or inciting abuse of drugs in another person with a maximum penalty of 5 years of imprisonment when the person is under eighteen.