What to do if you are caught in bookmarks?
If you are under 18 years old, that is, a minor, then judicial practice shows that the maximum terms even under 228.1.4 do not exceed 6 years.
Beginning in 2021, judges began giving shorter sentences to juveniles. The hardest thing here is to fight off 228.1.4 (with a group of people or a large size, or both together).
And if you are over 18, then you need to clearly understand that the sentences for these articles are long, and, most likely, you will be convicted; you should not hope for a suspended sentence. The first thing you should know is that you have the right to take advantage of Article 51 of the Constitution of the Russian Federation, which states: no one is obliged to testify against himself, his spouse and close relatives, whose circle is determined by federal law.
Any information you give to the operatives will be included in the evidence base of your guilt. Give evidence only after consultations with a lawyer, note: not in the presence of a lawyer, but after consultations with him. Because if you testify against it in the presence of a lawyer, it is very difficult to refuse it later.
What is marijuana and what is its effect on the body?
Marijuana is a plant whose stems and flowers contain the substance tetrahydrocannabinol. The concentration of the substance can range from 0.5 to 4% of the total mass of the plant.
This substance causes:
- Changes in mood, sometimes hallucinations, as it affects the brain.
- Increases blood pressure and increases heart rate.
- Affects the respiratory tract and lungs. More precisely, it is not the substance itself that affects, but the most popular method of consuming marijuana – smoking.
- Leads to changes in the level of certain hormones, which affects the reproductive system.
Marijuana is considered a soft drug, however, the law punishes quite severely for the distribution and possession of marijuana.
Worth understanding
Pawnbrokers are consumables for a huge drug business, and operatives and investigators understand this very well, but their hands are tied. They can’t just let you go as if nothing happened; they could be fired for this or even imprisoned themselves. Therefore, you should not transfer personal hatred in their direction, they are not the ones who dragged you into this matter. But the investigator can greatly aggravate your situation, even if you have the best lawyer in the city or district.
And this is done this way: the investigator breaks your actions into episodes. Let’s say that during a personal search they found 2 bags on you and 5 bags in your hiding places, which you naively showed them or they discovered on their own. These are grounds for the investigator to initiate 5 criminal cases against you under Article 228.1.3, this is sale in a significant amount, and Article 228.1 – storage, in total this is from 5-15 years. Of course, for minors Art. 88.6 prohibits giving a term of more than 10 years in total, and for an adult it is scary to think about these terms.
Therefore, do not aggravate your situation by swearing or conflicting with the investigator. Don't give any statements until you've discussed everything with your lawyer. After discussion with a lawyer, you will have two options: either you admit your guilt and hope for leniency and a short sentence, which no one guarantees you, or you rely on your innocence on the basis of Criminal Procedure Code 14 on the presumption of innocence and insist that you are not guilty until the opposite has not been proven.
Probation and real success
The process, which risked lasting for many months, was completed in just a few days. The petition to reclassify the defendant’s act to a more lenient one, filed by a lawyer, was supported by the prosecutor’s office and granted. If, according to Part 4 of Article 228.1 of the Criminal Code of the Russian Federation, Khanty-Mansiysk resident Alexander B. was threatened with a sentence of up to 20 years in prison, then after a review he received a suspended sentence. This was preceded by persistent and painstaking work by the lawyer, the results of which were announced at the very last moment, which left no chance for the investigation to correct the mistakes made.
“During the familiarization of the accused and his lawyer with the materials of the criminal case, we filed a motion to recognize the search report in the defendant’s apartment as inadmissible evidence, to reclassify the article to a less serious one (from selling drugs to storing them), and also to change the preventive measure. At the same time, four protocols of attorney interviews were demonstrated to substantiate our position. To the surprise of law enforcement officers, mistakes that they did not pay attention to during the investigation allowed them to achieve a successful outcome,” says criminal lawyer Viktor Ikryannikov.
Alexander B. was detained by police officers, who, during a personal search, discovered and seized more than 100 grams of drugs. A criminal case was initiated under Part 2 of Article 228 of the Criminal Code of the Russian Federation “Illegal acquisition, storage, transportation, production, processing of narcotic drugs.” Further, during a search at his place of residence, scales were seized, on which traces of prohibited substances were subsequently found.
“In this regard, the actions of our client were reclassified to a more serious charge - part 4 of article 228.1 of the Criminal Code of the Russian Federation “Illegal production, sale or transfer of narcotic drugs”, which carries a penalty of up to 20 years in prison. The investigation refused to provide this search protocol for review,” explains criminal lawyer Viktor Ikryannikov.
After a search in the apartment where the accused lives, none of his relatives were given a copy of the protocol. The next day, an operational officer came to work to Alexander’s mother, and at his request, the woman re-signed the search report. Advocates conducted a survey that reflected this fact. In addition, witnesses to this event were identified.
“When fulfilling the requirements of Article 217 of the Criminal Procedure Code of the Russian Federation, the defense filed a petition to recognize the search report in the apartment as inadmissible evidence and reclassify the act as part 2 of Article 228 of the Criminal Procedure Code of the Russian Federation, as well as to change the preventive measure. The trial took place in a special manner, since the client pleaded guilty to drug possession. Our demands were supported by the prosecutor's office and satisfied. As a result, Alexander received a suspended sentence,” sums up criminal lawyer Viktor Ikryannikov.
Responsibility for drug sales
Sale is the transfer of narcotic substances to another person, both for compensation and gratuitously, including for storage. Intent to commit a crime will be considered the manufacture, acquisition, packaging, transportation of narcotic substances by a person who does not use drugs (transporting drugs across the border is considered smuggling of potent substances - details here). Responsibility under this article begins at the age of 16. Responsibility will be borne by persons involved in the distribution of not only drugs, but also drug-containing drugs, narcotic plants, from which drugs can be extracted through processing.
The maximum penalty for drug distribution under the first part of Article 228.1 is from 4 to 8 years in prison. According to this part, the crime is qualified if there are no aggravating circumstances listed in subsequent parts of the article.
Watch in the video how a family of 11 people were convicted of illegal drug sales
According to Part 2 of Article 228. The Criminal Code of the Russian Federation classifies a crime committed in public places, schools, train stations, as the transfer of drugs to pre-trial detention centers and colonies. This also includes the sale of drugs through the media and the Internet. The term of imprisonment ranges from 5 to 12 years, the offender can be fined 500 thousand rubles, or the average monthly income for 3 years, in addition to restriction of freedom for a period of 1 year.
Part three of the article for drug trafficking states: if there were several accomplices in the crime, or a significant batch of drugs was sold, then the maximum sentence for a group crime is from 8 to 15 years, with or without a fine of up to half a million and restriction of freedom for 2 years.
It is worth noting: you can get a prison sentence of 1 to 7 years without even distributing narcotic substances, but only by providing premises for a drug den. In the article https://lexconsult.online/6430-tyuremnoe-zaklyuchenie-za-soderzhanie-narkopritona you can find more detailed information about the responsibility for organizing a den for drug addicts.
If the crimes provided for in parts 1 to 3 of Article 228.1 were committed:
- organized group;
- a person in case of abuse of official position;
- adults in relation to a person under 18 years of age;
- on a large scale; —
the term of imprisonment will be from 10 to 20 years and/or with a ban on holding certain positions for a period of up to 20 years. The amount of the fine increases to 1 million rubles or the average monthly earnings of the offender for 5 years.
Persons detained for selling drugs on an especially large scale under Part 5 of Art. 228.1 of the Criminal Code of the Russian Federation will be prosecuted with imprisonment from 10 to 20 years or life. Penalties are identical to Part 4 of this article. There is deprivation of the right to engage in certain types of activities and hold responsible positions.
The methods of distribution of narcotic substances and punishment for these crimes will be discussed in the following video.
Punishment for possession of marijuana
Possession of marijuana is considered to be its presence in a person’s personal belongings. It doesn’t matter where exactly it is located. The main thing is that these things belong to a specific person.
If possession is proven, a medical examination is carried out against the culprit. The presence of tetrahydrocannabinol in the blood is evidence of marijuana use. For this, he will also be brought to administrative responsibility and registered with a drug treatment clinic.
If the amount of marijuana found exceeded 6 grams, a case will be opened under Article 228 of the Criminal Code of the Russian Federation “Illegal storage, use and transfer of psychotropic and narcotic substances without the purpose of sale.” If it is also proven that the accused persuaded other people to use drugs, then a case will also be opened under Article 230 of the Criminal Code.
Have a question for a lawyer? Ask now, call and get a free consultation from leading lawyers in your city. We will answer your questions quickly and try to help with your specific case.
Telephone in Moscow and the Moscow region: +7
Phone in St. Petersburg and Leningrad region: +7
Free hotline throughout Russia: 8 (800) 301-39-20
Cultivation of marijuana is subject to special penalties. Cultivation of less than 20 bushes is subject to administrative penalties. If the number of plants is more than 20, a criminal case will be opened.
At the same time, the punishment is influenced by the presence of aggravating and mitigating circumstances. The following are considered softening:
- Having health problems.
- A positive reference from your place of work or study.
- Voluntary drug delivery.
- Availability of dependents.
- Caring for a disabled person.
Presence of medical conditions may be considered a mitigating circumstance because marijuana has an analgesic effect, which is why some people turn to it to combat pain.
Administrative responsibility
According to the law, administrative liability of a person who was found with narcotic drugs occurs only in one case. If the amount of a prohibited substance is below the established limit. There is a so-called significant size, large and especially large.
For example, a significant amount of marijuana starts from 6 g, and a large amount starts from 100 g. The especially large size of this plant, for storage of which you can get a maximum sentence, starts from 100 kg. If we talk about heroin, then a significant size according to the law starts from 0.5 g, and large and especially large - 2.5 g and 1 kg, respectively.
If the quantity is not enough for criminal liability, then the person is punished in accordance with Art. 6.8 of the Code of Administrative Offenses:
- Administrative arrest (up to 15 days).
- Fine (up to 5 thousand rubles).
Minors are often brought to administrative responsibility if their plans do not include the sale of narcotic drugs. But if we are talking about a significant amount of drugs, then criminal liability cannot be avoided.
Criminal liability for possession of marijuana
Any actions with this drug are punishable under criminal law. But the severity of the punishment depends on the amount of the substance, the purpose of its purchase and sale.
In case of possession of marijuana for personal use, law enforcement officers may limit themselves to administrative punishment. For the sale and other forms of distribution of drugs, the perpetrator will be punished with a criminal sentence.
However, it must be taken into account that the key factor is the amount of substance stored. If the amount of marijuana exceeds 6 grams, then even if stored for personal use, the punishment will be criminal.
List of prohibited drugs for possession
Possession, as well as the sale of narcotic substances, is a criminal offense not only in Russia, but also in countries such as Ukraine, Germany, Kazakhstan, Latvia or Belarus.
From a legal point of view, possession means illegal possession of a narcotic substance. It does not matter how long a person stores drugs and in what specific place. This does not affect the classification of the crime. Once the criminal places the drug in storage, the crime is considered over. He can already be prosecuted under Article 228 of the Criminal Code of the Russian Federation.
As for drugs that are prohibited by law, the list was approved by GD No. 681 dated June 30, 1998. Among the most common substances among drug addicts are:
- LSD;
- marijuana;
- hashish;
- ecstasy;
- amphetamine;
- poppy straw;
- desomorphine.
For possession of these drugs, a person will be punished under Article 228 of the Criminal Code of the Russian Federation. But a person’s liability for illegal possession of drugs can be not only criminal, but also administrative.
Article 228 of the Criminal Code of the Russian Federation, part 2-4
Part two of this article concerns persons who, according to their official position, are obliged to strictly observe the rules for storing and transporting drugs containing narcotic substances. If there was a violation, the person who is guilty of this pays a fine or is sent to community service. In this case, the offender is forever deprived of the right to work in certain positions.
If the improper storage of drugs was complicated by causing harm to one or more people or was committed intentionally for personal gain, liability is provided in the form of imprisonment.
According to the third part of Art. 228 of the Criminal Code of the Russian Federation, a person who illegally acquired precursors of narcotic substances or violated the rules for their storage and transportation may receive punishment in the form of correctional labor. If the crime was committed on an especially large scale, a large fine or imprisonment is threatened.
Part four stipulates crimes committed on a large scale (imprisonment with payment of a large fine). It also determines punishment for actions that were committed by a group of people or by one person who used his official advantage.
Administrative responsibility under Art. 228
It is used for proven regular use of narcotic and/or psychotropic substances without a doctor’s prescription. But in this case, the above-mentioned Article 228 Part 1 of the Criminal Code of the Russian Federation can also be applied, if we take into account that the drug user purchases, transports and stores them. Article 228 of the Criminal Code of the Russian Federation provides for punishment both for the acquisition of narcotic substances for a fee (for money or services) and for receiving drugs for free. The exception is their purchase as prescribed by a doctor, which is confirmed by the presence of a prescription, medical history and other medical documents. Illegal possession implies possession of drugs in a certain quantity, therefore even personal use, and even more so the manufacture of drugs, may fall under Article 228 of the Criminal Code of the Russian Federation. How much they will give in this case is determined by the court’s decision, taking into account all the nuances.
Mitigating circumstances and the minimum term under Article 228 of the Criminal Code of the Russian Federation
Each case of illegal storage, use, sale and transportation of narcotic and psychotropic substances is considered by the court individually. The social behavior of the accused, his willingness to help the investigation, and the circumstances under which the criminal act was committed are taken into account. When examining each specific case, the courts are guided by Articles 61, 62 and 64 of the Criminal Code of the Russian Federation, which determine the presence of mitigating circumstances that make it possible to obtain a maximum reduction in the sentence - sometimes even below the minimum level. Experienced lawyer under Article 228
will definitely take advantage of the opportunity.
The following are recognized as mitigating circumstances:
• If a person has stumbled for the first time, and before that he was a completely law-abiding citizen.
• Presence of pregnancy, as well as young children or other dependents.
• If the accused has not reached the age of majority.
• Coercion, threat to life.
• Difficult life circumstances that prompted the commission of a crime.
• Presence of a serious illness at the time of investigation.
Sincere repentance, assistance to the investigation, attempts to correct and make amends for the harm caused to the victim, confession, and compensation for losses are also taken into account by the court and can serve as mitigating circumstances.
The most difficult thing to prove is an uncommitted crime - if the drugs were planted without the knowledge of the accused. In order to prove your innocence, it is worth hiring an experienced lawyer. You shouldn’t give up or try to cope on your own – a lawyer has a better chance of helping. A drug lawyer will be able to take into account all the nuances, achieve the best conditions during the investigation, he has access to documents, and so on, so you should hire an experienced lawyer as early as possible.
Is there conditional early release (PAROL) if convicted under Article 228 of the Criminal Code of the Russian Federation?
Even people who actually committed drug transactions are entitled to parole. Parole under Article 228 is a measure of mitigation of punishment and is applied with an appropriate attitude towards work or study while serving the sentence; readiness to compensate for the damage caused can also mitigate the sentence.
The convicted person must spend at least ¾ of the term determined by the court behind bars and only then can he apply for parole. It will be accepted for consideration if there have been no serious violations within the last 3 years. The head of the colony must provide the court with a reference listing censures and rewards. You should entrust the drafting of the petition to an experienced lawyer.
