Amphetamine is a psychotropic substance that stimulates the central nervous system. It is sold in the form of powder, tablets or capsules and is used mainly by clubbers. The drug relieves fatigue, gives a surge of strength and energy, but subsequently leads to mental and physical exhaustion, causing irreparable harm to the psyche and internal organs. Its storage, transportation and use are prohibited by Russian legislation.
What is drug possession?
Possession of amphetamine is the actual possession, possession of this prohibited psychotropic substance. Its duration and location do not matter. Psychotropic drugs may be in the possession of people who regularly or periodically use them, drug couriers, manufacturers or other participants in illicit business.
The elements of the crime and responsibility for it are covered by Article 228 of the Criminal Code of the Russian Federation and decisions of the Supreme Court. Regulatory legal acts cover all possible cases of storage of narcotic drugs:
- on you (in your pocket, bag, etc.);
- indoors (at home, with friends, etc.);
- in a specially created cache.
Once the amphetamine is placed at its intended location, the crime is considered over: i.e. its formal composition takes place.
Conclusion
Amphetamine is a hard drug of synthetic origin, which, like most other psychoactive substances, was synthesized for medical purposes. However, its ability to stimulate the nervous system and change the mental state led to the drug being highly addictive. Over time, amphetamine was banned. However, today there is widespread use of hair dryers produced in shady laboratories with the addition of other toxic components. This not only increases addiction, but also provokes more severe complications. By abusing amphetamine, a drug addict gradually kills himself.
What factors does the court consider?
If you are dealing with a legal case involving the possession and use of amphetamine, remember that each case is unique and individual. In addition to the legislative framework, you need to familiarize yourself with existing judicial practice and take into account all the subtleties and details. A positive outcome depends on many factors.
During the trial, law enforcement officers must determine why the person kept the amphetamine: for personal use or for sale. The following circumstances speak in favor of the second option:
- the defendant does not practice drug use;
- amphetamine was found in large quantities;
- the psychotropic substance was packaged in containers convenient for further resale.
During the trial, the size of the substance found is taken into account. This is the parameter based on which the servants of the law attribute the case to a specific part of Article 228. Three options are possible:
- significant size – more than 0.2 g of the drug was found on the suspect;
- large – a person stored more than 1 gram;
- especially large – we are talking about a mass of 200 g.
Important! The law speaks specifically about the mass of a pure substance. Impurities necessary for storing and transporting the drug (chalk, flour, etc.) do not increase the size.
The second important factor taken into account during judicial review is volume. This is a subjective characteristic that affects the severity of the punishment. Thus, a weight of 0.25 g and 0.99 g belongs to the “significant size” category. However, it would be unfair to assign equal liability for different amounts of prohibited substances. The court will take this factor into account when determining the prison term or fine amount.
Overdose
Exceeding the dose leads a person to excessive stimulation of the cardiovascular system. This causes a risk of increased blood pressure, strokes and heart attacks. Due to the strong effect on the human psyche, psychosis and suicide are often observed. Symptoms of overdose can be recognized by the following manifestations:
- excessive sweating;
- increased body temperature;
- the presence of hallucinations, both visual and tactile;
- convulsions;
- causeless anxiety and panic;
- headaches;
- repeated vomiting, diarrhea;
- increased blood pressure;
- cardiopalmus;
- dilated pupils;
- pain when urinating;
- pallor of the skin.
In cases of overdose, you must immediately call an ambulance: severe cases lead to unpredictable consequences for a person. Cardiac arrest and renal failure are common.
Liability for possession of amphetamine derivatives
The penalties applied for possession and use of a psychotropic substance depend on the amount of the drug found. If it is less than 0.2 g, there is no criminal liability. The provisions of Article 6.8 of the Code of Administrative Offenses of the Russian Federation are used against the accused. This is an administrative arrest (for a maximum of 15 days) or a fine of 4-5 thousand rubles. If prohibited drugs are found on a foreign citizen, he will be expelled from Russia.
The legislation leaves the accused with methods to exclude administrative liability for using a prohibited drug. To do this, he needs to go to a specialized center for drug addiction treatment. If the case is being heard in court, a written request must be submitted.
Possession of the drug in a significant amount carries more severe penalties. This:
- a fine of up to 40 thousand rubles;
- deductions from wages for a three-month period;
- compulsory or correctional labor;
- imprisonment for three years.
If the crime is committed on a large scale, the only possible punishment is imprisonment for a period of 3-10 years. This measure of liability may be supplemented by a fine of up to half a million rubles, deductions from wages for a three-year period, or restriction of freedom for a year. The decision on the need for these “surcharges” is made by the court.
For cases on a particularly large scale, the penalty is imprisonment for 10-15 years. This measure may be supplemented by a fine of up to 500 thousand rubles, deductions from wages for three years, or restriction of freedom for 1.5 years.
Important! Provisions of Art. 228 apply to any activity related to amphetamine. The “article” includes its acquisition (purchase, discovery, receipt as a gift) for the purpose of use or resale, transportation, storage, production.
!! Probation under Part 3 of Article 228.1 of the Criminal Code of the Russian Federation!!! Article 228 1 h 4 p
Avoidance of therapy is also punishable in accordance with paragraph 6.9.1 of the Administrative Code. A fine of 4,000-5,000 rubles or arrest for up to 30 days is provided. It is important to understand that treatment in a specialized center will only be effective if the drug addict has a desire to recover. The person himself is interested in getting rid of the destructive habit as soon as possible.
Novosibirsk drug police detained a deputy of the Kudryashevsky village council of the region, born in 1989, who was in a state of drug intoxication and had with him a package with 2 grams of amphetamine, reports the website of the regional department of the Federal Drug Control Service.
There were 14 bags of amphetamine in the car, weighing a total of 15 kilograms. Based on this fact, the Internal Affairs Directorate for the North-Western Administrative District of the Main Directorate of the Ministry of Internal Affairs of Russia in Moscow opened a criminal case under Part 3 of Art. 30 and part 5 art. 228.1 of the Criminal Code of the Russian Federation. Drug dealers are in custody. Everyone wants to leave “places that are not so remote”, if possible, before the release date stipulated by the court.
How to mitigate the punishment?
Art. 228 of the Criminal Code of the Russian Federation leaves citizens who transport, use, or purchase amphetamine the right to avoid criminal liability. To do this, you need to voluntarily hand over the prohibited powder to the internal affairs authorities. It must be brought to the department of one’s own free will, and not given out at the time of the search or after the start of investigative measures.
Unconditional assistance to the investigation provided by a person guilty of possession of amphetamine is exempt from severe punishment. It must name the accomplices in the illegal actions and indicate the property obtained illegally. This must be done before the arrest, then a criminal case will not be brought against the guilty person.
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Dmitry Leonov
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Useful information on drugs
- Possession of narcotic drugs
- Sale of narcotic drugs
- Term for selling drugs
- Article for drug distribution
- Transportation of drugs
- Drug smuggling
- Punishment for drug use
- Organizing a drug den
- Manufacturing of narcotic drugs
- Punishment for possession of amphetamine
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Effect of use
Amphetamine has a strong stimulating effect on humans, which is caused by an increase in the functioning of neurotransmitters. This is norepinephrine, which mobilizes the body in stressful situations. An increase in its level causes an increase in heart rate and respiration. Metabolism accelerates: a person feels a surge of strength and energy, but eliminates the need for sleep and eating. In addition, the drug enhances the effect of dopamine, which is responsible for mental processes occurring in the body. Dopamine is present in human blood in small doses, but taking Amphetamine stimulates its release. As a result, mental disorders may occur.
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Imprisonment means the isolation of the convicted person from society. That is, he will serve his sentence in specialized institutions. Restriction of freedom does not imply isolation of the offender from society. This measure involves a ban on changing permanent place of residence and place of work, attending certain public events and a number of other prohibitions without permission from government bodies.
Most of the two-two-eight housemates are pawnbrokers. These are people who planted retail quantities of drugs in secluded places. They are the rank and file of the drug business, cannon fodder that no one takes into account. The pawnbroker hides packaged drugs in different places in the city, and then sends the coordinates and photos of these places to his dispatchers or operators.
Amphetamine is a drug that has a stimulating effect on the central nervous system. In everyday vocabulary, this substance is often called “hairdryer” or “speed”. The most common form of amphetamine is tablets. Less commonly, the substance is distributed in powder, and even less often in capsules.
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The qualification of an illegal act is not affected by why a person kept drugs: for his own use or further resale. However, in the first case, the defendant will face a less severe punishment, because further sale of psychotropic drugs is recognized as an aggravating circumstance. I sat with one drug addict who “dried out” only in prison. With all his many years of experience in use, he thinks quite sensibly. He says: “I don’t work anywhere, and in order to consume, I need money, so I constantly steal. I rob large chain stores, take out sportswear and shoes, perfumes and expensive alcohol.
I will be tried under Article 228, part 2, I was caught with 3.5 g of amphetamine, I was put on a special order, they wrote an aggravating circumstance: in a state of intoxication.
According to him, the competent authorities are now studying how to tighten the procedure for serving convicts in places of deprivation of liberty.
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He was taken for a medical examination, and it turned out that the guy was intoxicated.
Even the smallest weight, just a few grams is enough for the 3rd or 4th part. I myself have not seen a single prisoner in the 1st or 2nd part (sale of a small amount of drugs and sale via the Internet, respectively. - Open Russia). As a rule, everyone receives parts 4 or 5, somewhat less often - 3. These terms will shock the pawnbrokers who stop by the prison.
