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.
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, 2022.
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.
Conditions of application and types of administrative penalties
Bringing to administrative responsibility for drug possession is carried out according to the rules of Art. 6.8. Code of Administrative Offenses of the Russian Federation. The culprit faces 2 types of punishment:
- fine from 4 to 5 thousand rubles;
- arrest for a period of up to 15 days.
Part 2 art. 6.8. The Code of Administrative Offenses of the Russian Federation provides for penalties for persons who are not citizens of Russia. Along with a monetary penalty or arrest, they will be expelled from the country.
A mandatory condition for the application of the Code of Administrative Offenses is the possession of drugs without the purpose of distributing them.
It is worth noting: even if a citizen proves that he does not store drugs for the purpose of distribution, but exclusively for personal use, then in addition to punishment for possession, he will also be held accountable for drug use.
In the article https://lexconsult.online/6377-privlechenie-k-otvetstvennosti-za-upotreblenie-narkosoderzhashhih-veshhestv you can find information about liability for the use of narcotic substances under Articles 6.9, 20.20-20.22 of the Code of Administrative Offenses of the Russian Federation. If a violator who possessed prohibited substances voluntarily surrenders them to the police, he will not be punished.
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.
The Armed Forces have determined how to punish for “stacking” and collecting drugs
Arthur Plyushkin* collected hemp for personal use, after which he put the package in his backpack, but saw the police and threw the backpack away (case No. 92-UD17-11). The bag contained approximately 232.4 g of drugs. The court qualified the crime under Part 2 of Art. 228 of the Criminal Code (illegal acquisition and storage without the purpose of selling narcotic drugs on a large scale). Plyushkin was sentenced to three years in prison. In cassation, illegal possession without the purpose of selling a narcotic drug on a large scale was excluded from the verdict. The reason for this decision was that Plyushkin threw away the product. As a result, Plyushkin was given a suspended sentence with a probationary period of two years.
Supreme Court issues third practice review in 2022
The review also notes that committing robbery with the use of a weapon is a qualifying element of the crime and cannot be taken into account again when assigning punishment (case No. 30-APU18-2). Boris Kvichko* was convicted under paragraph “c” of Part 4 of Art. 162 of the Criminal Code of the Russian Federation to nine years in prison with restriction of freedom for a period of one year (robbery causing harm). Based on the totality of crimes, he was sentenced to 15 years in prison with a restriction of freedom for one year and six months. The Judicial Collegium for Criminal Cases changed the decision: an aggravating circumstance in itself cannot be taken into account again when assigning a punishment. Kvichko was found guilty of committing robbery with the use of a weapon, and the use of a weapon was additionally recognized as an aggravating circumstance under another article - paragraph “c” of Part 4 of Art. 162 of the Criminal Code. As a result, his sentence was commuted and he was sentenced to 14 years and 10 months in prison with restriction of freedom for a period of one year and six months.
In another case, the Supreme Court determined whether a “stash” is considered a sale of drugs if the buyer was not informed about it. Artem Khaimark*, Timur Mushtalsky* and Maxim Vilatov* united in a group and sold drugs and psychotropics through an online store (case No. 5-APU18-16SP). They kept some of the drugs in the apartment, the other part was packaged for “stash” in the forest. Vilatov reported the coordinates to Mushtalsky and Haymark. The court of first instance found them guilty of two crimes. However, the judicial panel for criminal cases of the Supreme Court changed the verdict. There was no evidence in the case materials that the attackers gave information about the coordinates of the “bookmark” to the buyers, that is, no agreement was reached on their sale. “Within the meaning of the current legislation, illegal sales should be considered a completed crime from the moment the person performs all necessary actions to transfer the specified 145 funds, substances, plants to the purchaser, regardless of their actual receipt by the purchaser,” the review states. As a result, the sentence was reclassified from paragraph “a” of Part 4 of Art. 228.1 on part 3 of Art. 30, paragraph “a”, part 4, art. 228.1 of the Criminal Code and upon the sale of the narcotic drug MDMA weighing 2.33 g with paragraph “a” of Part 4 of Art. 228.1 on part 3 of Art. 30, paragraph “a”, part 4, art. 228.1 CC.
* – first and last names have been changed by the editors.
- Pravo.ru
Is it possible to be released from liability?
Article 228 contains information about the cases in which the perpetrators can be released from liability. To do this, it is important to meet the following conditions:
- Voluntary surrender of all drugs.
- Comprehensive assistance to the police in solving and preventing drug-related crimes.
- Extradition of persons involved in drug trafficking crimes.
- Assistance in finding funds obtained by criminal means.
It is important to consider that voluntary surrender is only considered the transfer of drugs in a situation where the perpetrator might not have done so. If law enforcement officers found them during a search, then this cannot be considered voluntary surrender.
Terms and punishments
Let's move directly to the deadlines. Answer the question “how many years do you get for transporting drugs?” It is quite difficult to be precise, since the applicable article and aggravating circumstances vary from case to case. So let's describe them all:
Article 228 of the Criminal Code of the Russian Federation:
- Fine up to 40,000 rubles;
- Compulsory work for up to 480 hours;
- Correctional labor for up to 2 years;
- Restriction of freedom for up to 3 years;
- Imprisonment for up to 3 years.
Article 228 of the Criminal Code of the Russian Federation, the crime was committed on a large scale:
- Imprisonment for up to 10 years.
- Fine up to 500,000 rubles and 1 year of restriction of freedom.
Article 228 of the Criminal Code of the Russian Federation, the crime was committed on an especially large scale
- Imprisonment for up to 15 years.
- Fine up to 500,000 rubles and one and a half years of restriction of freedom.
Article 228.1 of the Criminal Code of the Russian Federation:
- Imprisonment for up to 8 years.
- 1 year of restriction of freedom.
Article 228.1 of the Criminal Code of the Russian Federation. The crime was committed in a public place or using the Internet:
- Imprisonment for up to 12 years;
- Fine up to 500,000 rubles and restriction of freedom for up to 1 year.
Article 228.1 of the Criminal Code of the Russian Federation. The crime was committed by a group of persons:
- Imprisonment for up to 15 years;
- Fine up to 500,000 rubles and restriction of freedom for up to 2 years.
Article 228.1 of the Criminal Code of the Russian Federation. The crime was committed by an organized crime group using their official position or caused significant damage:
- Imprisonment for up to 20 years;
- Fine up to 500,000 rubles and restriction of freedom for up to 2 years.
Article 228.1 of the Criminal Code of the Russian Federation. The crime was committed on an especially large scale:
- Imprisonment for up to 20 years or life;
- Fine up to 1,000,000 rubles.
Article 228.2 of the Criminal Code of the Russian Federation
- Fine up to 120,000 rubles;
- Mandatory work for up to 360 hours.
Article 228.2 of the Criminal Code of the Russian Federation, the crime entailed grave consequences:
- Fine up to 300,000 rubles;
- Compulsory work for up to 480 hours;
- Restriction of freedom for up to 3 years;
- Imprisonment for up to 3 years.
Article 228.3 of the Criminal Code of the Russian Federation
- Fine up to 300,000 rubles;
- Compulsory work for up to 180 hours;
- Correctional labor for up to 1 year;
- Restriction of freedom for up to 1 year.
Article 228.3 of the Criminal Code of the Russian Federation, the crime was committed on an especially large scale.
- Fine up to 500,000 rubles;
- Compulsory work for up to 240 hours;
- Correctional labor for up to 2 years;
- Restriction of freedom for up to 2 years;
- Imprisonment for up to 2 years.
Article 228.4 of the Criminal Code of the Russian Federation
- Restriction of freedom for up to 4 years;
- Imprisonment for up to 5 years
- Fine up to 300,000 rubles.
Article 228.4 of the Criminal Code of the Russian Federation, the crime was committed on an especially large scale or by a group of persons:
- Imprisonment for up to 8 years
- Fine up to 300,000 rubles and restriction of freedom for up to 2 years.
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.
