The Russian Criminal Code provides for special articles for unauthorized storage of psychotropic drugs. They determine the types of punishments and the degree of responsibility of a citizen for such criminal crimes.
In the world there are a number of international conventions, many legislative acts, many instructions and various rules that relate to drug manipulation. The circulation of such substances, storage and transportation - everything occurs in accordance with the rules prescribed by law. And if a citizen violates these rules, he faces imprisonment.
The most common offense related to narcotic substances is their possession.
Liability for drug possession usually occurs for people who either use drugs periodically or are already addicted to the drug. In addition, such liability is provided for those who have established the sale of these substances or are in any way connected with the distribution of psychotropic drugs.
Possession of drugs, Article 228 of the Criminal Code of Russia
This document, as well as comments to it, together with the state Resolution of the Supreme Court numbered 14, determines the type and degree of liability for possession of narcotic substances.
Punishment for drug possession presupposes that the person also possesses these substances illegally. In addition, no matter how long the drug was kept by the criminal, the classification of the crime will remain unchanged. The offender can store drugs in this way:
- keeping with you;
- hiding in the house or in utility rooms;
- building a hiding place;
- hiding it with friends or loved ones without their knowledge.
The crime will be considered completed from the moment the culprits have hidden the illegal substance. From this moment on, the crime will have a formal structure, and appropriate punishment will be expected for it.
Criminal liability for amphetamine
Let's look at the prison sentence for amphetamine if there is no purpose for sale and the amount of the drug found is significant. The violator can go to jail for up to three years. The court may also choose one of the following sanctions:
- fine up to 40 thousand rubles;
- compulsory work up to 480 hours;
- correctional labor for up to 2 years;
- suspended sentence up to 3 years.
Criminal liability for amphetamine in the production and trade of this prohibited drug is much stricter. This is due to the socially dangerous nature of the act. Criminals can receive from 4 to 8 years in prison.
We list the aggravating circumstances that directly affect the extent of liability for amphetamine:
- committing a crime in places of detention, an administrative building, a school or university, in transport, in entertainment establishments, in military units;
- use of the Internet and the media (meaning placing advertisements for the sale of drugs);
- commission of a crime by a group of persons;
- significant batch size of a prohibited substance.
In the first two cases, criminals can be sentenced to a term of 5 to 12 years with a half-million fine and possible restriction of freedom for up to a year. In the other two - imprisonment from 8 to 15 years with a half-million fine and restriction of freedom for up to 2 years.
Possession of amphetamine
Many people think that sanctions can only be imposed for drug trafficking. This is wrong. According to the Code of Administrative Offenses of the Russian Federation, it is punishable for use and illegal trafficking, and according to the Criminal Code of the Russian Federation, they can determine the extent of liability for possession of amphetamine, its acquisition, transportation, production, processing and sales.
Caught with amphetamine
It is difficult to definitively answer the question of how much they charge for amphetamine. This depends on the amount of the drug found, as well as the purpose for which it was purchased.
Note!
If the police prove that the purpose of the detainee was to sell amphetamine, the punishment will be more severe. The crime in this case will be qualified under Article 228.1 of the Criminal Code of the Russian Federation.
Let's give an example. During the search, drugs were found on the citizen - 1 g of amphetamine. If the purpose of the sale is not proven, he faces a sentence of up to 3 years and a fine of up to 40 thousand rubles. If a citizen intended to sell a drug, a sanction of up to 15 years and a fine of up to half a million may be imposed.
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Amphetamines: large size
Amphetamine is prohibited by law. Punishment is imposed for any manipulation with the drug. Determining the type of prohibited substance found and the quantity is the primary task of law enforcement officers. The punishment for criminals will depend on this. The sanctions for 2 grams of amphetamine and for 6 grams will be different.
There are three categories in total: significant, large and extra large size. Next, we will consider what criminal liability for amphetamine is provided for in the last two cases.
According to Article 228 of the Criminal Code of the Russian Federation, a large amount of a prohibited substance is punishable by a prison sentence of up to 10 years with a possible fine of half a million and restriction of freedom for a year. For a particularly large amount, the sanction is harsher - up to 15 years in prison, the amount of the fine can also be up to half a million rubles.
If the attacker’s goal was to sell a large batch of drugs, he faces a sentence of 10 to 20 years and a fine of up to a million rubles. The same punishment will be imposed if an organized group was involved in the sale or manufacture of a prohibited substance, it was sold in the workplace, or it was sold to minors.
In case of sale on an especially large scale, a punishment of 15 to 20 years in prison with a fine of millions may be imposed.
The sizes of prohibited substances, related to significant, large and especially large, are regulated by Government Decree of the Russian Federation of October 1, 2012 N 1002. For amphetamine, these indicators are 0.6, 3 and 600 grams, respectively.
Differences in types of drugs and their storage methods
Several years ago, a separate part of Article 228 of the Criminal Code was devoted to the specifics of storing a narcotic substance for subsequent sale. Today, in court, it is only possible to prove that the person did not intend to sell the substance, but kept it for personal use. Now, only the quantity of the drug stored is distinguished, and the degree of subsequent punishment is determined in accordance with its scale.
In 2012, the Russian government published a decree on how the amount of drugs stored affects the amount of the expected punishment. This document has had several editions.
So, the resolution states: if a small amount of a drug is found on a citizen (there is a concept of “less than significant”), then the crime will be considered administrative and qualified under Article 6.8 of the Code of Administrative Offenses as drug possession.
According to this document, the weight of a psychotropic substance for which there is no crime can be very small. Namely:
- the weight of LSD will be “criminal”, amounting to one ten-thousandth of a gram;
- for 20 grams of poppy straws it is quite possible to get a prison sentence;
- Four tenths of a gram of hashish oil is considered significant.
When storing narcotic drugs, a person must understand for himself: a small amount of a psychotropic substance can forever include a criminal conviction in his biography.
Administrative punishment for drugs
Russian legislation provides for administrative and criminal liability for offenses related to the illegal trafficking of narcotic drugs and psychotropic substances.
Administrative responsibility for drug use and possession
The Code of Administrative Offenses of the Russian Federation contains two articles
Article 6.8 of the Code of Administrative Offenses of the Russian Federation
Code of Administrative Offenses of the Russian Federation Article 6.8. Illegal trafficking of narcotic drugs, psychotropic substances or their analogues and illegal acquisition, storage, transportation of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances
Part 1 Article 6.8 Code of Administrative Offenses of the Russian Federation
Illegal acquisition, storage, transportation, production, processing without the purpose of sale of “narcotic drugs, psychotropic substances” or their analogues, as well as illegal acquisition, storage, transportation without the purpose of sale of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs drugs or psychotropic substances, -
shall entail the imposition of an administrative fine in the amount of four thousand to five thousand rubles or administrative arrest for a term of up to fifteen days.
Part 2 Article 6.8 Code of Administrative Offenses of the Russian Federation
The same actions committed by a foreign citizen or stateless person -
shall entail the imposition of an administrative fine in the amount of four thousand to five thousand rubles with administrative deportation from the Russian Federation, or administrative arrest for a term of up to fifteen days with administrative deportation from the Russian Federation.
Note to Article 6.8 of the Code of Administrative Offenses of the Russian Federation.
A person who voluntarily handed over narcotic drugs, psychotropic substances, their analogues or plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances, acquired without the purpose of sale, shall be exempt from administrative liability for this administrative offense.
Thus, Art. 6.8 of the Code of Administrative Offenses of the Russian Federation provides for punishment for the acquisition, storage, transportation of narcotic drugs and psychotropic substances WITHOUT THE PURPOSE OF SALE and in quantities less than a SIGNIFICANT amount.
For example:
Responsibility for storing 1 gram of Hashish (without the purpose of sale) falls under Art. 6.8 of the Code of Administrative Offenses of the Russian Federation, however, possession (without the purpose of sale) of Hashish weighing more than 2 grams will form a crime, liability for which is provided for in Art. 228 of the Criminal Code of the Russian Federation.
Responsibility for storing 0.1 grams of Amphetamine (without the purpose of sale) falls under Art. 6.8 of the Code of Administrative Offenses of the Russian Federation, however, possession (without the purpose of sale) of Amphetamine weighing more than 0.2 grams will form a crime, liability for which is provided for in Art. 228 of the Criminal Code of the Russian Federation.
The list of prohibited substances indicating the size is contained in the Decree of the Government of the Russian Federation dated October 1, 2012 N 1002 “On approval of significant, large and especially large sizes of narcotic drugs and psychotropic substances, as well as significant, large and especially large sizes for plants containing narcotic drugs or psychotropic substances substances, or their parts containing narcotic drugs or psychotropic substances, for the purposes of Articles 228, 228.1, 229 and 229.1 of the Criminal Code of the Russian Federation"
Article 6.9 of the Code of Administrative Offenses of the Russian Federation
Consumption of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances
Part 1 Art. 6.9 Code of Administrative Offenses of the Russian Federation
Consumption of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances, except for the cases provided for in Part 2 of Article 20.20, Article 20.22 of this Code, or failure to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication by a citizen in respect of whom there are sufficient grounds to believe that he consumed narcotic drugs or psychotropic substances without a doctor’s prescription, or new potentially dangerous psychoactive substances, -
shall entail the imposition of an administrative fine in the amount of four thousand to five thousand rubles or administrative arrest for a term of up to fifteen days.
Part 2 Art. 6.9 Code of Administrative Offenses of the Russian Federation
The same action committed by a foreign citizen or stateless person -
shall entail the imposition of an administrative fine in the amount of four thousand to five thousand rubles with administrative deportation from the Russian Federation, or administrative arrest for a term of up to fifteen days with administrative deportation from the Russian Federation.
Note to Article 6.9 of the Code of Administrative Offenses of the Russian Federation
A person who voluntarily applies to a medical organization for treatment in connection with the consumption of narcotic drugs or psychotropic substances without a doctor’s prescription is exempt from administrative liability for this offense. A person duly recognized as a drug addict may, with his consent, be sent to medical and (or) social rehabilitation and, in connection with this, be exempted from administrative liability for committing offenses related to the consumption of narcotic drugs or psychotropic substances. This note applies to administrative offenses provided for in Part 2 of Article 20.20 of this Code.
It is very important to pay attention to the note to this article! If it is possible to contact a medical organization (preferably a private one), then the person is exempt from administrative liability for drug use.
It is also worth paying attention to the fact that in addition to a fine or administrative arrest, other negative consequences may occur that are not directly described in the article of the Code of Administrative Offenses of the Russian Federation.
According to Part 2.1 of Art. 4.1 of the Code of Administrative Offenses of the Russian Federation, when imposing an administrative penalty for committing administrative offenses in the field of legislation on narcotic drugs, psychotropic substances and their precursors, a person recognized as a drug addict or consuming narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances, the judge may impose such a person is obliged to undergo diagnostics, preventive measures, treatment for drug addiction and (or) medical and (or) social rehabilitation in connection with the use of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances. Control over the fulfillment of such duties is carried out by authorized federal executive authorities in the manner established by the Government of the Russian Federation.
Consequences of bringing a person to administrative responsibility under Art. 6.9 Code of Administrative Offenses of the Russian Federation:
— the database of law enforcement agencies will contain information about prosecution under Art. 6.9 Code of Administrative Offenses
- message to work
- the judge, when making a decision, may oblige the person involved to contact a medical organization (drug dispensary) in connection with drug use, in which, with a high probability, the person will be registered and reported to law enforcement agencies, including the prosecutor’s office.
The prosecutor, in turn, can go to court with a statement of claim to deprive you of a special right to drive vehicles.
As can be seen from the above material, successful defense in drug cases requires professional defense.
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What will be the penalty for storing a traumatic weapon without a permit?
Author of the question: Ignatiev V. Created: 12/05/21
Administrative liability is provided for in Article 20.8 for storing a traumatic weapon without obtaining a license for this. Until Federal Law No. 398-FZ of December 28, 2010 came into force, criminal liability was provided for such storage. If there is an unreasonable sale, storage or carrying of traumatic weapons, and there was also a threat of its use in relation to other persons, then penalties may be applied to the owner of this type of weapon. The basis for this will be Art. 119 and art. 222 of the Criminal Code of Russia.
Answered by: Khokhlov G. 12/07/21
Drug storage concept
Possession means any possession of prohibited substances and drugs. Examples of offenses include:
- placing drugs in a hiding place;
- having them on you (in your bag, car, pockets and other places);
- presence of prohibited substances in any premises (in an apartment, office or other premises to which a citizen has access).
A mandatory condition for bringing to justice is the inclusion of discovered plants (their seeds) or drugs in the register of narcotic substances. This document was approved by Government Decree No. 681 of June 30, 1998, taking into account amendments adopted on July 12, 2021.
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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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.
