A person needs pleasure; without it, life seems joyless and unnecessary. The only thing to be happy is a job well done, a child’s smile, a beautiful sunset. Others prefer “easy” pleasure, which intoxicates the brain and deceives the consciousness.
People can sometimes be extremely inventive in their efforts to make money from someone else’s addiction. Drugs collectively called “spice” are a prime example of this.
What it is?
“Spice” is not the only name of the drug that will be discussed. This psychoactive substance has a lot of names: “legal”, “speed”, “salt”. Spices appeared on sale under the guise of smoking mixtures, incense, bath salts, fertilizers, poison for garden pests, and also under mysterious names like “Excess.”
Spice is smoked, mixed into drinks, food, or simply chewed. The ease of use helped the drugs spread: no syringes, no searching for a vein, and so on.
According to some reports, spice was accidentally discovered in the United States during laboratory research. Experts have studied various cannabinoids. Some of them are considered very promising in the treatment of many diseases: some prevent the death of nerve cells, others fight chemical dependencies.
As a result, analogues of plant cannabinoids were synthesized. The consequences were terrifying. Artificial “hemp” has proven itself to be a powerful drug, the full spectrum of effects of which is still not fully understood. In just a few years, spice has become the favorite “fun” of American high school students, failing to surpass natural marijuana in popularity. Meanwhile, the new “dope” set off on a journey to all countries, not passing through Russia.
At the end of the 2000s, our country was literally inundated with supposedly soft and legal drugs. Spice was promoted as a completely safe, not prohibited way to “get high.” Distributors claimed: no dependence is detected during analysis, and in general, the components of the mixtures are not prohibited.
Only a few years later, doctors, authorities and legislators realized: it was time to take action, and urgently. Spice components have begun to be included in the list of prohibited substances. We are talking not only about synthetic cannabinoids, but also about auxiliary plant components. Thus, plants such as fortune teller sage or Hawaiian rose were banned. This is not only Russian, but also global practice.
However, spice producers immediately responded: after some chemical compounds were banned, others immediately appeared on the market, similar, but not yet officially studied and therefore allowed. And this game of catch-up has been going on for several years now.
The following video will tell you in more detail about the features and negative consequences of consuming spice:
List of drugs related to narcotic and psychotropic drugs
To understand exactly what the law prohibiting the possession and sale of narcotic and psychotropic drugs means, you need to know which drugs belong to this group. Prohibited substances include:
- LSD;
- heroin;
- poppy straw;
- amphetamine;
- marijuana;
- opium;
- hashish;
- cocaine;
- desomorphine, etc.
All substances that can cause clouding of consciousness or distortion of reality as a result of their use are prohibited.
Negative consequences for a smoker
Meanwhile, the negative consequences of consuming spice are already well known. The impact is aimed primarily at the psyche. Here are just some of the effects:
- the perception of the environment is disrupted (everything is distorted, voices are heard, visions appear);
- reactions to external influences disappear;
- the ability to concentrate and orientate in space is lost;
- self-control disappears.
Under the influence of spice, sometimes the important instinct of self-preservation atrophies. For example, in 2009, a completely prosperous and absolutely healthy teenager simply stepped from the balcony on the eighth floor because “voices called” (the brother of the deceased spoke about this).
Depending on the general condition of a person, even a single use of spice can cause irreparable changes in the psyche. Schizophrenia is a very common side effect of drug addiction. The next chapter will tell you about the symptoms and signs of spice use.
Reduction of punishment for drug possession: latest news
On the one hand, the law provides for severe punishment for the possession and sale of prohibited substances. On the other hand, there is a group of citizens who are seriously ill and in need of such drugs. This fact cannot be excluded.
For this case, there is a note in the article that says that you can hand over drugs of your own free will. This makes it possible to avoid punishment.
A law-abiding citizen can discover prohibited substances and bring them to the police, but it would be more correct to call a squad to the location of the prohibited substances. Employees of the executive body will be able to record the location and take fingerprints from the packages, which will greatly facilitate the search for violators.
If the suspect answers yes when asked about possession of illegal drugs when he is arrested, he will still have to appear in court.
If a drug addict decides to stop using illegal drugs, he can voluntarily take them to the police, thereby freeing himself from criminal liability. In this case, a decision is made to replace the punishment with treatment of the citizen for addiction.
You can avoid liability only in case of voluntary surrender of drugs or if a disease associated with addiction is discovered. A citizen will not be able to avoid punishment by notifying the authority about his addiction, because long-term treatment.
After rehabilitation, the suspect will be under surveillance for several more years. If new violations are discovered, he will be prosecuted.
Turning yourself in will also help mitigate the punishment. The legislation also provides for a special procedure that requires certain attention and compliance with certain rules.
Signs of human ingestion
16 – 25 years old: it is at this age that people most often use spice. Addiction can form very quickly; treatment must be thorough and consistent. However, the addict himself almost never goes to the doctor, so identifying addiction is the task of loved ones.
It is not difficult to recognize a person who is under the influence of spice:
- increased motor activity (movements are often meaningless and unnecessary),
- inappropriate reactions
- hallucinations,
- an unfocused look is the most likely reaction.
If drug intoxication has already passed, you should be wary of the consequences. Usually this is incoherent speech, a violation of logic, redness of the sclera and skin, and clumsiness in movements.
The following video will tell you about the signs of taking spice, as well as how to deal with the problem:
Concept and corpus delicti
The discovery of drugs on a suspect is considered by law to be illegal possession. Regardless of the period during which a citizen has been in possession of drugs, he is an offender. The police can detect the presence of prohibited drugs or substances not only in the suspect’s personal belongings or in his home, but also in places where he regularly visits.
Possession of drugs means possession of illegal drugs, which can be found not only in a citizen’s pockets, but also in his home, at work, wherever he has access.
An integral part of bringing the culprit to criminal liability is the inclusion of seized drugs or substances in the general register.
Does it fall under 228?
Here the answer is clear: yes. Synthetic cannabinoids are included in the list of prohibited substances, which was approved in October 2012 and is constantly being updated.
In addition, in Article 228, as well as in many other legislative acts, one can find references to analogues of narcotic substances, as well as the term “new potentially dangerous psychoactive substances.” This clause makes it possible to make the fight against spice more effective.
Read on to find out what punishment awaits a person under the article for the use, storage, and distribution of spice in Russia.
Which article provides for punishment?
You will have to answer for the production of narcotic products in accordance with Art. 228 of the Criminal Code of the Russian Federation.
But there is a difference between production and manufacturing. Although these definitions are similar, within the framework of this topic they are radically different.
Manufacturing is a one-time process that is not well planned. In other words, production is not carried out in a systematic manner. Even when the fact of reusable production is established and proven, if there is no sign of serial production, the punishment will come under Article 228 of the Criminal Code.
Note! The degree of responsibility will directly depend on the volume of substances found.
Production sets itself one task - production on an industrial scale. The evidence base includes the acquisition and use of specialized equipment, the purchase of raw materials and additional materials, the selection and modification of equipment, as well as the preparation of premises for these tasks. In this case, you will have to answer in accordance with Article 228.1 of the Criminal Code.
Important! The degree of liability for drug production is not affected by the size of the actual batch produced.
Moreover, in each of the above cases, the drugs are included in the list of unauthorized drugs established by Resolution No. 1002. This includes psychotropic, narcotic products, and their derivatives in all possible forms.
Criminal and administrative liability for the use, storage and distribution of spice
It all depends on what exactly a person does with spice. Criminal liability is assigned for possession, distribution (officially called sales), and production of drugs.
- The severity of the punishment under Article 228 of the Criminal Code of the Russian Federation depends on the size of the seized batch of spice, that is, on the weight of the drugs. The punitive range is very wide: fines, restriction of freedom, prohibition of holding positions, prison sentences up to life (possible in especially large parties, as well as when the crime is classified under several articles at once).
- You won't go to jail for using spice. Here responsibility comes under the Code of Administrative Offences, usually Article 6.9, but Articles 20.20 and 20.22 (Drug use in public places or by minors) can be applied.
- Liability under the Code of Administrative Offenses usually means fines of no more than five thousand rubles. For minor offenders, parents will pay three times less.
However, spice consumers in most cases punish themselves. And much more terrible than state judges can do. Loss of personality, personal “I”, disability, impotence and infertility, madness - this is the price that every spice lover may one day pay for his desire for undeserved pleasures.
The following video will tell you more about responsibility for the use of spice in a specific case from practice:
Production of narcotic substances: definition and probable signs
The illegal distribution of narcotic substances is a serious problem for the security of the country, the health and life of every resident. Trafficking carried out illegally, including production, will have to be held accountable. Punishment is provided for in most countries, and the Russian Federation is no exception.
The production of narcotic drugs is the commission of conscious actions leading to the creation of narcotic products and their analogues. Enterprises produce a product that can only be used and consumed - no additional actions are required.
Note! In the process of producing narcotic substances, individual ingredients of natural or chemical origin, or precursors, are taken as a basis.
The concept of drug production makes it possible to determine the signs according to which the manufacturer will have to face criminal liability:
- the person producing prohibited substances is fully aware of the illegality of the actions, but does not stop;
- the offender is in a sane mental state and is over 16 years old;
- the law applies not only to the narcotic substances themselves, but also to all their derivatives - salts, smoking mixtures, and so on;
- the degree of responsibility depends on the volume of drug-containing drugs discovered by law enforcement officers;
- the criminal did not set himself the task of selling the manufactured product.
Note! If the offender is under sixteen years of age, he will not be held responsible for the actions committed, even if law enforcement officials have proven the fact of the crime.
Spreading
Drug dealers are often called the sellers of death - due to the actions of one such dealer, more than a thousand people ultimately die. That is why the Criminal Code of the Russian Federation provides for the most severe terms of imprisonment for the sale of drugs.
The sale of drugs in recent years differs sharply from the usual picture, when the dealer makes an appointment in a deserted place and gives the drug addict a “dose” for money. Just like the objects we are used to - clothes, food, equipment - drugs are also bought via the Internet in 80% of cases. Almost always in such cases, investigators charge the commission of a crime as part of an organized group in which:
- the main organizer purchases the “product” in bulk from manufacturers, who are held accountable extremely rarely; in practice, these are isolated cases due to high confidentiality;
- The organizer’s assistants select “personnel” for further distribution - mostly young people (rarely girls) who contact “employers” through messaging programs. Recently, citizens from the Near Abroad have often been brought to criminal liability for the illegal sale of narcotic drugs;
- those hired are transferred by transfer or to a bank card with funds in the range of several thousand rubles for the purchase of a new SIM card, a train ticket to a certain city where the organizer has planned a “business trip”, for an Internet connection;
- The initial task for the future distributor is almost always to carry out an “empty” bookmark. That is, it is necessary to place a small bag with contents (for example, crushed sugar or flour) in the place that will be indicated by the “curator”, take a photograph of this place and send it to the “management”. Those who have completed this task (there may be several such tasks) are finally approved as distributors and are periodically sent a list of addresses where they will need to make bookmarks. At the same time, employers organize the supply of narcotic substances through previously hired, that is, experienced “employees”. For each bookmark, the pawnbroker is paid 150-250 rubles, and money is transferred to his bank card once a week.
Subsequently, drug addicts, that is, buyers of the distributed doses, spend money through electronic payment systems (so-called electronic wallets), after which the buyer is sent a photo of the area indicating the address - that is, the data where the package with the dose is located. This is how drug trafficking is organized, where some distribute doses, and dependent users pay money for the dose and information about its location.
I would like to warn parents of teenagers who actively use the Internet, social networks, and messengers. Children need to be taught that they cannot respond to advertising mailings (including those about making money on the Internet with the promise of substantial profits); such contacts should be immediately blocked, or better yet, reported to law enforcement agencies. The police do a pretty good job of solving crimes against pawnbrokers, but due to the low activity of the population, the percentage of organizers, curators and so-called “dispatchers” included in the huge drug trafficking system brought to justice is quite small - basically, the courts pass sentences on the latter created chain, that is, pawnbrokers.
When qualifying an act under Art. 228.1 of the Criminal Code of the Russian Federation (sale of drugs), as well as during normal storage, the weight of the drug is taken into account (significant, large, especially large), the same table is used, which is approved by the Decree of the Government of the Russian Federation. At the same time, in contrast to acquisition and storage, when selling a narcotic drug of a smaller size, the guilty person is not exempt from criminal liability.
Example No. 3 . Operational officers recorded the transfer “for testing”, that is, as a gift (which is also a sale) of a narcotic drug to V.A. Lukonin. The latter was not only known as a drug dealer, but also as someone who hooked young people in his area on drugs. So this time, Lukonin managed to convince 18-year-old Artem Plekhanov that the “remedy” was not dangerous, not prohibited, and even useful to some extent - it helps the brain think faster, pass exams successfully, and you don’t have to pay anything. The last argument, “try it for free, you’ll like it,” was especially compelling for the young man. Lukonin was there immediately; after handing over the package, the package was detained; subsequent examination established the type of drug - one of the varieties of a synthetic mixture, the so-called “spice,” whose weight was 0.04 grams. To use and obtain an intoxicating effect, such a small dose is quite enough, but according to the table dated October 1, 2012, approved by the Government of the Russian Federation, 0.05 grams of this drug is a significant amount (0.25 grams - large, 500 grams - especially large ). The culprit was brought to justice under Part 1 of Art. 228.1 of the Criminal Code of the Russian Federation. If there had been storage of such a quantity of the substance without the purpose of sale, Lukonin would have been subject to liability under administrative law.
The above example describes a well-known and, unfortunately, quite effective way of involving people (both adults and children) in the social circle of drug addicts and drug dealers. Therefore, we once again remind the reader of the need to be attentive to the social circle of your loved ones, to be interested in their problems and hobbies.
Article 228.1 of the Criminal Code of the Russian Federation has 5 parts:
Part 1 art. 228.1 of the Criminal Code of the Russian Federation - as we have already written, liability under it comes for transfer, sale, donation, etc. (that is, sale) of a narcotic drug included in the list of prohibited substances, the weight of which is less significant. Punishment under this part can be from 4 to 8 years in prison. In extremely rare cases, the perpetrator may be given a suspended sentence - such cases exist in judicial practice, especially if a minor, a woman, or an elderly person is involved as the accused.
Part 2 Art. 228.1 of the Criminal Code of the Russian Federation provides for liability for the same actions committed (alternatively):
- in schools, in sports organizations, in prisons, pre-trial detention centers, on trains, airplanes, etc., as well as in the subway;
- using the Internet.
The punishment under this part of the article ranges from 5 to 12 years in prison.
Part 3 Art. 228.1 of the Criminal Code of the Russian Federation provides for punishment of up to 15 years in prison for the sale of prohibited substances in a significant amount or as part of a group of persons by prior conspiracy. These two signs can occur simultaneously.
Part 4 art. 228.1 of the Criminal Code of the Russian Federation provides for even more severe punishment - up to 20 years in prison for the following:
- sale of drugs on a large scale (according to the table we wrote about);
- as part of an organized group (when two or more guilty persons act unitedly, harmoniously, with a distribution of roles;
- a person using his official position (for example, a doctor sells drugs);
- if the sale was made to a minor (if the drug was sold/gifted to a child under 18 years of age).
Part 5 Art. 228.1 of the Criminal Code of the Russian Federation provides for the maximum possible punishment in the form of life imprisonment for any actions that were listed in the previous parts, subject to a particularly large amount of funds.
Until recently, in judicial practice there was no consensus on the qualification of the actions of the perpetrator in a situation where he was caught in the act of committing a crime. The Supreme Court of the Russian Federation gave detailed explanations in the Resolution of the Plenum of the Russian Federation on cases of drug trafficking in such situations. So, if the pawnbroker managed to bury the package on a piece of land, but was detained and did not have time to photograph and send the photo to his employer, his actions will still constitute a completed crime, since he has already realized the intent to distribute the product (theoretically, the package is available to an unlimited number of people). But if the pawnbroker only intended to sell the shipment and was detained on the way to the desired place, his actions will involve an attempt at distribution. Such nuances of qualification are extremely important, since they affect the term of imprisonment (in the case of an attempt, it cannot exceed ¾ of the maximum).
Example No. 4 . Loktev N.G. once again received a “wholesale” stash from the leaders of a criminal group, he needed to distribute the received 100 grams of the drug into 200 packages and distribute them all to the addresses of one of the districts of Samara. Loktev N.G. He managed to package the received “goods” and put out only 2 bookmarks; while he was at the third address, he was detained. The court rightfully found Loktev guilty of completing the illegal sale of narcotic drugs, despite the fact that most of the drugs handed over to him were not decomposed.
Example No. 5 . Nikitin E.R. received already packaged drugs, took 10 packages with him from the total shipment, and headed to the first address in order to leave spice there for a future client. On the way, Nikitin was detained - his actions would involve an attempt at illegal sales, since he had not yet managed to lay out a single bookmark.
