| Algeria | The possession of narcotics and psychotropic substances for personal use is punishable by a sentence of 2 months to 2 years’ imprisonment, and/or a fine of 5 000 DA to 50 000 DA. Law 18/04 of 25 Dec 2004, art.12 | There is an alternative measure to prosecution and sentencing if the person agrees to undergo detoxification in a specialised health centre on the order of the judge. Law 18/04 of 25 Dec 2004, art. 6 to 8 | Penalty does not vary by drug. | Penalty does not vary by quantity of drugs possessed. | Penalty range does not vary for addiction. | Not specific for drug offences, but the sentence is doubled in case of recidivism within five years as any other crime. Penal Code, art. 54 bis3 |
| Armenia | Illegal possession of small quantities of drugs (up to 5 doses) without the purpose of sale is punished by an administrative fine of 200 to 400 times the minimum wage, unless they are voluntarily surrendered. Code on Administrative Offences, art. 441 Possession-related offences with largeramounts (5-25 doses)of drugs without the purpose of sale is punishable by penalties up to 1 year imprisonment, 1 month short-term imprisonment,or 1 year restriction of freedom, or 100 hours public works, or fine of 10x minimum wage. Criminal Code, art. 393, 396 | There are voluntary, mandatory and compulsory medical measures for persons addicted to drugs. Law on Narcotic Drugs and Psychotropic Substances2002 arts.46-49, Criminal Code (Articles 114-118) Compliance procedure: Criminal Procedure Code (Arts420-430) | Penalty does not vary by drug. | Illegal possession of small quantities of drugs (up to 5 doses) without the purpose of sale is punished by an administrative fine of 200 to 400 times the minimum wage. Code on Administrative Offenses, art. 441. Possession-related offences with larger amounts (5-25 doses)of drugs without the purpose of sale is punishable by penalties up to 1 year imprisonment or 1 month short-term imprisonment, or 1 year restriction of freedom, or 100 hours' public works, or fine of 10 times minimum wage. Criminal Code, arts. 393, 396 | There are voluntary, mandatory and compulsory medical measures for a person addicted to drugs. Law on Narcotic Drugs and Psychotropic Substances2002, arts.46-49). | A repeat possession-related offence within a year is punishable by a fine of 400 to 800 times the minimum wage. Code on Administrative Offenses, art. 441, part 2. |
| 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 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 120-200 EUR for the first offence; 208-400 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 x8. | Cases of problem drug users may be settled with therapeutic counselling (avis thérapeutique). Royal Decree of 31 December 1930, art. 26quater. | Possession of cannabis for personal use 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 cannabis possession for personal use 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 for personal use is forwarded to the prosecutor who may decide to impose a fine of: (1) 120-200 EUR for the first offence, (2) 208-400 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). When a specific repetition (repetition within 5 years since the conviction from the violation of this law) for any illicit drug is identified: criminal sentences will be doubled and in case of a crime, the maximum period of imprisonment of the first conviction (e.g. 5 to 10 years) becomes the minimum sentence (e.g. 10 to 15 years). In situations like this, the fine of EUR 8,000 to 800,000 is optional (except for the specific repetition). |
| 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. However, 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) or by imprisonment up to 90 days. (Art. 27 of the Law on combating drugs abuse - amendments from 2019.) | As well as the fine or imprisonment up to 90 days, an offender who is addicted to drugs 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 offender is an experimental drug user, with a fine or imprisonment up to 90 days, will be given measure of compulsory psychosocial treatment in institutions lasting from one month to two years. (Art. 32. Amendments of the Law on combating drugs abuse from 2019.) | Possession of drugs for personal use is an administrative offence punished by a fine (EUR 650 - 2 600) or by imprisonment up to 90 days, which does not vary depending on the type of drug possessed (Art. 27. Amendments of the Law on combating drugs abuse from 2019.) | Possession of drugs for personal use is an administrative offence punished by a fine (EUR 650 - 2 600) or by imprisonment up to 90 days. Penalty does not vary by quantity of drugs possessed. (Art. 27. Amendments of the Law on combating drugs abuse from 2019.) | Penalty (response) varies for addiction. If an offender is addict, with a fine or imprisonment up to 90 days, 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 offender is an experimental drug user, with a fine or imprisonment up to 90 days, will be given measure of compulsory psychosocial treatment in institutions lasting from one month to two years. ( Art. 32. Amendments of the Law on combating drugs abuse from 2019.) | 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 can be given a measure of obligatory treatment or compulsory psychosocial treatment without fine or imprisonment up to 90 days. ( Art. 32. Amendments of the Law on combating drugs abuse from 2019.) |
| 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. | An Advisory Committee of representatives from the Attorney General, Ministry of Health and NAAC may recommend a 3-24 month treatment program to be decreed by the court. Also the "Protocol of Cooperation for the Referral of Young Offenders to the Treatment Centres" allows to refer first-time arrestees aged 14-24 to a treatment program. If this is certified as completed within two years, the case will be closed.Law for the Treatment of Accused Drug Users or Drug Dependent Individuals (2016) | 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 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. 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'. Prosecutor probation 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 circ*mstances. 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 successfully 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 |
| Georgia | Possession (“storage”) of narcotic drugs in small quantities is punishable by a fine of 500 GEL, or administrative detention for up to 15 days. Administrative Offences Code, art. 45(2). Possession of a small amount of herbal cannabis may be fined 500 GEL. Administrative Offences Code, art. 451. Narcotics: Possession of an amount larger than “small” is punishable by imprisonment for up to 6 years. Greater penalty ranges up to life imprisonment are given for various aggravating circ*mstances. Criminal Code, art. 260 (paras. 1, 3, 6). Psychotropic substances: Possession (“storage”) of an amount larger than small is subject to a fine or corrective labour for up to 2 years, or up to 3 years imprisonment. Greater penalty ranges up to 12 years are given for various aggravating circ*mstances. Criminal Code, art. 261 (paras. 1, 3, 7) | There are no alternatives to punishment for the offence. | For herbal cannabis – Administrative Offences Code, art.451 or Criminal Code 2731 Any other form of cannabis or narcotic drugs in small amount - Administrative Offences Code, art.45 (2). Different penalty ranges are given for narcotic or psychotropic substances. Criminal Code, Art.260-261 | Herbal cannabis – Administrative Offences Code, 451 in small amounts. Criminal Code 2731 in large or particularly large amount. Other forms of cannabis or narcotic drugs – Administrative Offences Code, art 45 (2). Narcotics: larger than “small”, imprisonment for up to 6 years; for large amounts, 5-8 years; and for particularly large amounts, 8-20 years or life. Criminal Code, art. 260 (paras. 1, 3, 6). Psychotropic substances: fine or corrective labour for up to 2 years, or up to 3 years imprisonment; large amount, 3-7 years; particularly large amount, 7-12 years. Criminal Code, art. 261 (paras. 1, 3, 7) Storing herbal cannabis in large or particularly large amounts: a fine or 300-400 hours community service, to imprisonment for up to 6 years. Criminal Code, art. 2731. This article does not distinguish between motives for storing them. | The penalty for the offence does not vary for addiction. | Possession of any type of drug in small quantities, by a person who has previously been convicted of any drug related offences, is punishable by imprisonment for up to 1 year or a fine or 120 to 180 hours community service. Criminal Code, art. 273. Repeated possession of herbal cannabis in small amounts is punished by a fine or community service from 100 to 160 hours. Criminal Code, art. 273(1) Repeated possession of narcotics or psychotropics, in larger quantities, increases the penalty range, in increments. Criminal Code, Art.260-261 |
| 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 circ*mstances 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 account 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 prepared 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). |
| Jordan | The penalty for possession of drugs for personal use varies according to the classification of the substance: 1-3 years prison and a finefor Tables 1, 2, 4, 5, 6; 6 months-1 year prison and a fine for Tables 7, 8; 1-6 months prison for Table 3. There will be no criminal record for the first offence. The court may sentence the offender to treatment instead; dependent users must be referred to treatment. Users referring to treatment before arrest can not be prosecuted. Narcotics and Psychotropic Substances Law 2016, Art.9. | The court may sentence the offender to treatment based on their health situation instead of punishment; dependent users must be referred to treatment. Users referring to treatment before arrest can not be prosecuted. Narcotics and Psychotropic Substances Law 2016, Art.9. | The penalty for personal possession of drugs varies according to the substance: 1-3 years prison for Tables 1, 2, 4, 5, 6; 6 months – 1 year for Tables 7, 8; 1-6 months for Table 3. Narcotics and Psychotropic Substances Law 2016, Art.9. | There is no variation by quantity in the penalty for this offence. | The court may sentence the offender to treatment instead of punishment; dependent users must be referred to treatment based on their health situation. Narcotics and Psychotropic Substances Law 2016, Art.9 | There will be no criminal record only for the first offence. Narcotics and Psychotropic Substances Law 2016, Art.9. |
| Kosovo* | The penalty for drug possession, without intent to sell, is a fine and 1-3 years imprisonment. If the offender is a first time offender and possesses less than threegrams of narcotics the punishment is up to one year in prison or a fine. Criminal Code, Article 269. The penalty may be 3-15 years imprisonment in various circ*mstances, such as being committed in a school or prison. Criminal Code, Article 275. | The Court may impose a suspended sentence with mandatory treatment if the offender is an addict, a first-time offender, when the crime was motivated by addiction and that the successful treatment would reduce the risk of reoffending. Criminal Code, art. 54 | In the Albanian version of the Criminal Code, penalties do not vary by drug. (In the English translation the reduced penalty for a first time offender is specified for cannabis, but the Albanian version has priority.) Criminal Code art. 269.2 | A first-time offender possessing less than threegrams of narcotics may be punished by a fine or imprisonment up to one year. Criminal Code, art. 269.2 Sentencing Guidelines (p160) disallow mitigation for quantities over 3 or 5 grams. | The Court may impose a suspended sentence with mandatory treatment if the offender is an addict, a first-time offender, when the crime was motivated by addiction and that the successful treatment would reduce the risk of reoffending. Criminal Code, art. 54 Various signs of addiction might be treated as a mitigating or aggravating circ*mstance by the judge. Sentencing Guidelines p. 42, 110. | Any relevant prior criminal conviction is considered as an aggravating circ*mstance. Criminal Code, art. 70. A more severe sentence is possible when the perpetrator has been sentenced twice or more to at least one year imprisonment, within five years of the end of the previous punishment. Criminal Code, art.75 |
| 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 (applicable 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 irrespective of the amount of drugs possessed is prosecuted under provisions of the Penal Code. Administrative Violations Code, art.46. |
| Lebanon | For personal possession of very dangerous plants and substances with or without medical purpose: 3 mths – 3 years imprisonment and a fine of 2 - 5 million LBP. For plants and substances that are dangerous and have a medicinal purpose: 2 mths – 2 years’ imprisonment and a fine of 1 - 3 million LBP. Law on Drugs and Psychotropic Substances #673 (1998), arts. 127, 130. | Diversion to treatment is possible at all stages after arrest. Treatment may ultimately lead to acquittal before conviction (if completed), suspension of the sentence after conviction pending completion, or a deduction of the period of treatment from the total sentence. Law on Drugs and Psychotropic Substances #673 (1998), art 193 to 198. | For personal possession of very dangerous plants and substances with or without medical purpose: 3 mths – 3 years imprisonment and a fine of 2 - 5 million LBP. For plants and substances that are dangerous and have a medicinal purpose: 2 mths – 2 years’ imprisonment and a fine of 1 - 3 million LBP. Law on Drugs and Psychotropic Substances #673 (1998), arts. 127, 130. | The quantity is irrelevant as long as it is considered for personal use (the law does not specify a criteria). | An official certificate of treatment and recovery from the Drug Addiction Committee exempts the offender from punishment. If the addict does not commit to treatment as specified by the committee, they will be prosecuted, without losing that right to treatment. Law on Drugs and Psychotropic Substances #673 (1998), articles 183 and 193. The Court can only suspend the sentence for a first offence. Law on Drugs and Psychotropic Substances #673 (1998), art 160. | In case of recidivism, the maximum penalty is doubled. Law on Drugs and Psychotropic Substances #673 (1998), art 150. |
| Lithuania | Possession of drugs without intent to sell or otherwise distribute (when the quantity is more than small) is punished by a fine of EUR 1 900-76 000, arrest (from 15 to 90 days) or imprisonment up to 2 years. Penal Code, art. 259(1). Possession of small quantities may be punished by community service (up to 240 hours) or by restriction of liberty (from 3 months to 2 years) or by a fine (570-19 000 EUR) or 10-45 days of arrest (detention). Penal Code, art. 259(2). | An offender who applies for drug treatment shall be released from criminal liability for production, acquisition and storage of the consumed 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 prison sentence may be suspended for addicted offenders if they follow treatment. Penal Code, arts. 259, 75. | 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 up to 7g cannabis is not an offence, and possession of up to 50g dried cannabis and cultivation of up to 4 plants is not an offence if at home. Possession of a defined quantity of drugs for personal use is an administrative offence, punishable by a police fine of €50-100 for possession of 7-28g cannabis in public 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 a defined quantity of drugs for personal use is an administrative offence, punishable by a police fine of €50-100 for possession of cannabis in public or €75-125 for other drugs. Above defined 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 between 7g and 28g cannabis in public 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). |
| Moldova | The procurement or illegal possession of drugs, precursors, ethnobotanicals and their analogues in small quantities without a doctor's prescription is punished with a fine from 30 to 60 units or with unpaid community work for up to 72 hours. Contravention Code, art. 85. | Liability is removed for a person who voluntarily goes to a medical institution for assistance due to their drug consumption. Contravention Code, art. 85, part 2. | There is no variation by drug in the penalty for this offence. | There is no variation by quantity in the penalty for this offence. | Liability is removed for a person who voluntarily goes to a medical institution for assistance due to their drug consumption. Contravention Code, art. 85, part 2. | There is no variation for recidivism in the penalty for this offence. |
| Montenegro | The illegal possession of drugs for personal use, and medicines without prescription, are misdemeanours punished with a fine of 100 EUR to 2,000 EUR. Law on Prevention of Drug Abuse, art. 42a, 45(1) and 52. | The Law does not offer any alternatives to punishment for the offence. | Penalty does not vary by drug. | Penalty does not vary by quantity of the drug. | Penalty does not vary according to whether the offender is addicted or dependent. | Penalty does not vary for recidivism. |
| 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, §231. | Execution of sentence may be in an institution under supervision if necessary. There is a drug court programme running 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 §231 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. 231. | Penalty does not vary for addiction. | Penalty does not vary for recidivism. |
| Palestine** | The penalty for possession of drugs for personal use is 6 months - 2 years’ imprisonment, and/ or a fine of 1 000 – 5 000 Jordanian dinars. Decision by Law No. 18/2015 (as amended) art. 17 | If self-referred (or referred by family) before arrest to a specialised or designated treatment centre or Narcotics Control Department office, or if arrested for the first time and referred to treatment, there will be no processing of criminal charges. Decision by Law No. 18/2015, Art 17. The Court may suspend the penalty and order that the offender follow an appropriate treatment program. The court may revert to the punishment if the offender does not follow or complete it or commits other crimes. Decision by Law 18/2015, arts 18-19. | The penalty for drug possession for personal use does not vary by drug. | The penalty does not vary by quantity. | If arrested for the first time and referred to addiction treatment, there will be no processing of criminal charges. Decision by Law No. 18/2015, Art 17. | In case of recurrence, drug possession for personal use is punished by imprisonment for a period of no less than 2 years, or by a fine of 2 000 – 5 000 Jordanian dinars, or both. Decision by Law No. 18/2015 (as amended) art. 17 |
| 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, punished by administrative measures (no detention). It may be punished with a fine (only for non addicted users), or non-pecuniary sanctions. However, if the quantity of drugs exceeds the threshold quantity of 10 daily doses and is for personal consumption, the competent judicial authority shall, depending on the stage of the process, decide to close the case, not to indict or to acquit, and to refer the person to a Commission for the Dissuasion of Drug Addiction. Law 30/2000, art. 2, art. 15. Decree-Law 15/93, art. 40. | Personal possession is recognized as a health issue and drug dependence as a multi-factorial health disorder, which mostly needs to be treated. For this reason users may be sent to treatment or counselling. Law 30/2000, art.10-14. | Penalties vary depending on which Table of the Decree-Law 15/93 the drug is listed in and on what is defined in Law 30/2000, art. 2 (2), art.15 (4). | For possession of over 10 doses for personal consumption,the competent judicial authority shall, depending on the stage of the process, decide to close the case, not to indict or to acquit, and to refer the person to a Commission for the Dissuasion of Drug Addiction. Law 30/2000, art. 2 (2), Decree-Law 15/93, art. 40. | 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. Unpaid community service, regular reporting to the commission, the withholding of social benefits, or group therapy, are some of the sanctions applied instead of a fine. | 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. In case of recidivism the sanctions will be adjusted, specifically in the case of fines, the amount to be paid is gradually increased. Law 30/2000, art. 11. |
| Romania | Unlawful possession of drugs for personal use is punishable by 3 months to 2 years imprisonment or fine 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, with consent. 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 or fine 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 for own use of a drug or psychotropic from the cannabis plant is punished by up to 1 year (up to 3 doses) or up to 2 years (4-10 doses). Possession of other drugs for own use is punished by up to 3 years imprisonment (up to 3 doses), or up to 5 years for a larger amount (4-10 doses). Criminal Code, s. 171, 135. | Court may conditionally waive the sentence if imposing ‘protective treatment’ for cannabis possession. Court may order “protective treatment†in the case of conditional suspension of sentence of imprisonment. Criminal Code, s. 73, 74. | Possession for own use of a drug or psychotropic from the cannabis plant is punished by up to 1 year (up to 3 doses) or up to 2 years (4-10 doses). Possession of other drugs for own use is punished by up to 3 years imprisonment (up to 3 doses), or up to 5 years for a larger amount (4-10 doses). Criminal Code, s. 171, 135. | Possession for own use of a drug or psychotropic from the cannabis plant is punished by up to 1 year (up to 3 doses) or up to 2 years (4-10 doses). Possession of other drugs for own use is punished by up to 3 years imprisonment (up to 3 doses), or up to 5 years for a larger amount (4-10 doses). Criminal Code, s. 171, 135. | Penalty range is not influenced by addiction factor. Addicted offenders may benefit from mechanism of 'protective treatment'. Criminal Code, s. 171, 73. | Penalty does not vary for recidivism according to this section. Criminal Code, s. 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 for own consumption in public spaces (streets, establishments or conveyances), provided no criminal offence is involved (ie not for purpose of trafficking), is a serious infraction (an administrative offence) which is punished with a fine between EUR 601 and 30,000. Organic Law 4/2015 on the Protection of Citizens’ Security arts. 36 (16), 39(1)(b) | The fine may be suspended if the offender is between 14 and 18 years old and submits to a treatment re-education programme, which must be followed, in accordance with the procedure regulated in the Royal Decree 1079/1993, of 2 July 1993. Organic Law 4/2015 on the Protection of Citizens’ Security, Additional provision 5. | The fine for possession of drugs in public spaces (streets, establishments or conveyances) does not vary by drug. Organic Law 4/2015 on the Protection of Citizens’ Security, art. 39(1)(b). | Personal possession beyond the amount defined as usual consumption for 3-5 days may become a crime (these amounts were defined for each drug by the National Institute of Toxicology, are used by the Courts as reference, and are public). Organic Law 4/2015 on the Protection of Citizens’ Security, art.33(2). | The fine for possession of drugs for own consumption in public spaces does not vary by addiction factor. Organic Law 4/2015 on the Protection of Citizens’ Security, art.39(1)(b). | No specific variation of the penalty 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 above the minimum (601€) but always under the maximum of 30.000€. Organic Law 4/2015 on the Protection of Citizens’ Security (Art.33.2) and Law 40/2015 on the Legal Regimen of the Public Sector (Art.29.3). |
| Sweden | Possession of drugs is punishable by up to 3 years imprisonment. If the type of drug, quantity and other circ*mstances 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 behaviour shall be qualified as a basic 'narcotic drug offence' or 'petty offence'. 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. |
| Switzerland | Preparation for consumption, which includes possession of a negligible quantity of a narcotic for his or her own consumption, is not an offence. Narcotics Act, Art. 19b In case of “non-negligible” quantity, cultivation and possession are punishable by up to 3 years prison Narcotics Act, Art.19 | In case of possession of “non-negligible” quantity for own consumption, prosecution may be waived if the offender submits to treatment. Narcotics Act, Art.19a | The penalty for personal possession does not vary by drug. However, Art. 19b NarcA set a maximum of 10 grams of cannabis as the limit of the negligible quantity. For the other substances this limit is set by the jurisprudence. | Possession of a negligible quantity of a narcotic for his or her own consumption, is not an offence. Narcotics Act, Art. 19b In case of “non-negligible” quantity, possession is subjected to a penalty in accordance with Art. 19. This notion of negligible quantity is defined by the jurisprudence, with an exception for cannabis, where the limit is set to 10 grams. | In case of possession of “non-negligible” quantity for own consumption, prosecution may be waived if the offender submits to treatment. Narcotics Act, Art.19a | The penalty for personal possession does not vary by recidivism. |
| Türkiye | Possession of narcotics or psychotropic substances for personal use is punishable by two to five years imprisonment. Prosecution is suspended for five years with conditions; breach of conditions will trigger prosecution. Criminal Code, Art 191 (1) | Suspension of prosecution may include treatment requirements. Probation shall be applied for at least one year, extendable for up to one year in periods of three months by public prosecutor’s decision. Breach of conditions, or possession or use of narcotic or psychotropic substances, will trigger prosecution. Criminal Code, Art 191 (2-7) No punishment is imposed if a drug user requests treatment before commencement of investigation. Criminal Code, art. 192(4). | Penalty does not vary by drug. Criminal Code, art. 191(1). | Penalty does not vary by quantity. Criminal Code, art. 191(1). | Penalty does not vary by addiction. Criminal Code, art. 191(1). | If there is possession or use within the five year suspension of a previous offence, there can be no suspension of the prosecution. Criminal Code, Art 191 (4) |
| Ukraine | Personal possession-related offences with illicit substances in small amounts (defined in Ministry of Health Order 188 of 1/8/2000) are punishable by a fine of 50to 100 tax free minimum incomes, or community service for 20 to 60 hours, or administrative arrest for up to 15 days:Code on Administrative Offences. Art. 44, Paragraph 1 Personal possession-related offences with illicit substances are punishable by a fine of 1000 to 3000 tax free minimum incomes, or correctional labour for up to 2 years, or arrest for up to 6 months, or restraint of liberty for up to 5 years: Criminal Code, Art. 309, Paragraph 1 The same offences, involving a minor, and especially large amounts of substances shall be punishable by 5 to 8 years imprisonment:Criminal Code, Art. 309, Paragraph 3 | A person who voluntarily surrendered illicit substances in small quantities shall be released from the administrative liability for personal possession related offences:Code on Administrative Offences. Art. 44, Paragraph 2 A person, who voluntarily applied to a treatment facility and began a treatment for drug addiction, shall be discharged from criminal liability for use-related offences:Criminal Code, Art. 309, Paragraph 4 | Penalty does not vary by drug. | Amounts are defined in Ministry of Health Order 188 of 1/8/2000. Personal possession related offences involving large amounts shall be punishable by a fine of 2000-5000 tax-free minimum incomes OR up to 3 years imprisonment: Criminal Code, Art. 309, Paragraph 2 The same offences involving especially large amounts are punishable by 5-8 years imprisonment:Criminal Code, Art. 309, Paragraph 3 | There is no variation in penalty for addiction itself, but starting treatment for drug addiction can absolve criminal liability for personal possession-related offences: Criminal Code, Art. 309, Paragraph 4 | Illegal possession-related offences, if repeated, or committed by a group of persons upon their prior conspiracy, or by a person who had previously committed certain other drug-related offences, or if these actions involved gross amounts of substances, is punishable by a fine of 2000-5000 tax-free minimum incomes or up to 3 years imprisonment: Criminal Code, Art. 309, paragraph 2 |
