FOR WHAT NUMBER OF DRUGS DOES THEY GET AN ADMINISTRATIVE FINE, AND FOR HOW MANY GRAMS THERE IS A CRIMINAL TERM?”
Particularly attentive citizens of Russia, trying to independently understand local legislation, could pay attention to Articles 6.8 of the Code of Administrative Offenses and 228 of the Criminal Code of the Russian Federation. These articles are interesting primarily because of their almost identical plots, that is, descriptions of acts for which liability is provided for by law. Thus, both the administrative and criminal codes provide for punishment for illegal drug trafficking, including their acquisition, storage or transportation. Moreover, the liability under the two articles is very different: in the first case, the offender faces an administrative fine of up to 5,000 rubles or arrest for up to 15 days, while a criminal offender can be subject to imprisonment for up to 15 years.
The classification of the offense/crime is based on the type of drug (precursor) and its weight. For example, a person detained with 1 gram of heroin faces up to 3 years in prison, but if the narcotic substance turns out to be hashish - only up to 15 days in a special detention center. A person caught with 5 grams of cocaine is subject to imprisonment for up to 3 years. But if the weight of cocaine turns out to be half a gram higher, then the verdict may be stricter - up to 10 years.
Below we place a table that will help you understand for what amount of drugs (hashish, heroin, cocaine, MDMA) a citizen is brought to administrative responsibility under 6.8 of the Code of Administrative Offenses, and for how many grams - to criminal responsibility in accordance with Article 228 of the Criminal Code. But even if you are facing a criminal sentence, you should not give up - a competent lawyer under Article 228 of the Criminal Code of the Russian Federation will do everything possible to reduce it to a suspended sentence.
Please also take a look at the other sections:
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.
What exactly will it be like to use cannabis?
The use of such a dangerous substance as marijuana in any form without a doctor's prescription is illegal and subject to punishment. It is worth noting that it does not matter how the drug was taken - in the form of injections, tablets or a puff of a smoking mixture.
The use of weed while smoking is subject to punishment under the following articles:
- Article 6.9 concerns those who like to get high at home. Payment for the offense will cost 4,000 – 5,000 rubles. An alternative is administrative arrest for up to 5 days. But a smoker can be held accountable only if the fact of using a narcotic compound is proven.
- Article 20.20 applies to those who like to get high in a public place, for example, in a nightclub, discotheque or park. In this case, you will have to pay a fine of up to 1,500 rubles.
- Article 20.21 and Article 20.22 impose administrative liability on citizens who decide to stroll through the streets in a drugged state. In this case, the adult will face punishment in the form of a fine of 500 rubles or administrative arrest for up to 15 days. If a child gets high, then the responsibility for the offense falls on his parents. They will be given 2 fines: one for breaking the law, the other for irresponsible raising of a child.
In addition to administrative punishment, registration of a small smoker at a drug dispensary is included.
Responsibility for cannabis is removed only if the offending person agrees to voluntarily undergo treatment at a rehabilitation center for drug addicts.
