State policy in the sphere of trafficking in narcotic and psychotropic drugs is aimed at establishing strict control over the distribution and use of these drugs in order to reduce the number of crimes related to the illegal purchase, storage, transportation, and trade of drugs and psychotropic substances.
One of the most common drugs today will remain marijuana, which is produced from hemp. In many countries, the use of marijuana has been legalized. These include some states of the USA, Uruguay, Czech Republic, Belgium, Argentina, Australia and others. However, in Russia, cannabis is prohibited, and its use without a doctor’s recommendation, cultivation, storage, transportation and sale are strictly punishable by law. In particular, cannabis is included in the list of narcotic substances that, in accordance with Government Decree No. 681, are subject to strict control.
Is it possible to grow hemp for personal use?
Federal Law No. 3 clearly establishes a ban on the cultivation of narcotic plants for any purpose. Since cannabinol is contained even in hemp seeds, it cannot be grown.
There is also a list of prohibited plants No. 934, in which this plant also appears.
The qualification of violation of these prohibitions depends on the number of plants:
- Less than 20 bushes are considered insignificant in size. Responsibility will arise under Article 10.5.1 of the Code of Administrative Offenses of the Russian Federation. This article provides for a fine of 1.5-4 thousand rubles or arrest for 15 days.
- When growing more than 20 bushes, liability will arise under Article 231 of the Criminal Code of the Russian Federation. They can be punished with a fine (up to 300 thousand rubles), compulsory labor (up to 480 hours), restriction or imprisonment (up to 2 years). However, if the crime is committed by several people, the prison term will increase to 8 years with a possible additional restriction of freedom for 2 years.
- Particularly large size (more than 330 bushes) is punishable under the same article 231, but only by imprisonment for 8 years. Even a small sprout of hemp is considered a bush.
Answering the question whether it is possible to grow hemp, it becomes clear that liability is provided for by law in any case and often a “lover” of weed can be imprisoned for a long time.
Article for growing marijuana
For growing hemp, from which marijuana is produced, a person can be subject to both administrative and criminal liability. This depends primarily on the amount of marijuana grown. If the act is committed in an insignificant amount, then the person will only be brought to administrative responsibility. This legislative norm is established:
- Article 10.5.1. “Illegal cultivation of plants containing narcotic drugs or psychotropic substances or their precursors” of the Code of Administrative Offenses;
- amendments to the Federal Law of May 19, 2010 No. 87-FZ “On amendments to certain legislative acts of the Russian Federation on the issue of cultivation of plants containing narcotic drugs or psychotropic substances or their precursors.”
Thanks to the amendments, criminal liability for the cultivation of hemp and other plants containing narcotic substances in small quantities was abolished. As for hemp, small size is defined as 20 bushes. Thus, if a person has grown less than 20 bushes of this plant, he will only be brought to administrative responsibility.
If hemp cultivation was carried out on a larger scale than 20 bushes, the offender will be prosecuted. This is provided for in Article 231 of the Criminal Code of the Russian Federation “Illegal cultivation of plants containing narcotic drugs or psychotropic substances or their precursors.”
It is worth noting that cultivation in accordance with the Federal Law of 01/08/1998 N 3-FZ “On Narcotic Drugs and Psychotropic Substances” is various actions aimed at growing plants containing narcotic substances, improving cultivation technology, breeding new varieties with increased productivity , resistance to adverse weather conditions.
Can they be planted for buying or selling hemp seeds?
Since hemp seeds also contain a narcotic substance, albeit in small quantities, there is also liability for trading in them.
Government Decree No. 460 of 2007 approved a list of permitted hemp varieties that contain a minimum cannabinol content. Such varieties can be sold, but only for industrial purposes, and if there are documents confirming that the seeds belong to this particular variety.
The following gradation has been established for the THC (tetrahydrocannabinol) content in hemp seeds:
- Significant size - more than 0.05 grams.
- Large size - more than 0.25 grams.
- Particularly large - more than 50 grams.
According to the size, the punishment for selling seeds differs.
What is the deadline for purchasing hemp seeds?
The buyer of seeds whose THC content exceeds the established standards will be prosecuted under Article 228 of the Criminal Code of the Russian Federation.
With a significant amount of THC content, it faces:
- Fine up to 40 thousand rubles.
- Mandatory work up to 480 hours.
- Correctional labor for up to 2 years.
- Restriction and imprisonment for up to 3 years.
A large amount entails imprisonment from 3 to 10 years with an additional fine of half a million rubles, as well as restriction of freedom for a year.
A particularly large amount is grounds for imprisonment for 10-15 years, with an additional fine in the amount of 500 thousand rubles and restriction of freedom for 1.5 years.
In the event that the amount specified by law is not exceeded, the buyer will only be brought to administrative liability under Article 6.8 of the Code of Administrative Offenses of the Russian Federation. In this case, a fine (4-5 thousand rubles) or arrest for up to 15 days may be applied as punishment.
Thus, you need to understand that not only is there an article for growing hemp, but also for purchasing its seeds you can get a real prison sentence.
What can you get for distributing marijuana?
Today in our state, an attempt to grow, cultivate and sell hemp implies an administrative fine or criminal punishment. It should be clarified that the concept of cultivation means the cultivation of drugs and the production of new varieties that are resistant to different weather conditions.
Marijuana can be cultivated only with state permission for the purpose of scientific development.
In Art. 6.8 of the Code of Administrative Offenses of the Russian Federation establishes administrative penalties for the possession and sale of marijuana. Art. 6.9 of the Code of Administrative Offenses of the Russian Federation stipulates a ban on the transportation, storage and circulation of plants with psychotropic effects, as well as their use without an official prescription from a doctor.
For cultivating the prohibited crop described above, punishment is also implied. Criminal prosecution for activities with cannabis is established in the following articles:
- Art. 231 of the Criminal Code of the Russian Federation provides for punishment for cultivating a plant.
- Art. 228 of the Criminal Code of the Russian Federation warns of criminal liability for storing, transporting and purchasing marijuana.
- Art. 228.1 of the Criminal Code of the Russian Federation determines [the term for marijuana].
- Art. 230 of the Criminal Code of the Russian Federation stipulates liability for deliberate inducement to take marijuana.
What is the deadline for selling hemp seeds?
The seller of seeds of prohibited varieties of cannabis will be punished more harshly than the buyer. Article 228.1 of the Criminal Code of the Russian Federation provides for imprisonment for 4-8 years with an additional restriction of freedom for 1 year.
However, there are aggravating circumstances:
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- Sales to educational institutions, public and government institutions, recreational facilities, transport and correctional institutions.
- Use for selling media and information networks.
In these cases, the term of imprisonment will be assigned within the range of 5-12 years, with a possible additional fine of 500 thousand rubles and a year of restriction of freedom.
Trafficking by a group of people, as well as the significant amount of THC in the seeds, is also an aggravating factor. This is punishable by imprisonment for up to 15 years with a limit of up to 2 years.
Use of official position, as well as large and especially large amounts of THC content can lead to a 20-year prison sentence, a fine of one million rubles, as well as an additional ban on working in a specific area for 20 years.
What is the punishment for using weed?
In addition to punishment for growing hemp, Russian legislation provides for liability for its use. This responsibility is quite mild; the consumer will be punished under the Administrative Code. However, you need to remember that there is criminal liability for possession of marijuana or hemp.
Under the Code of Administrative Offences, the following may be punished:
- Under Article 6.9 for using drugs at home. This will result in a fine of 4-5 thousand rubles or arrest for 15 days. Foreigners will face deportation.
- Under Article 20.20 for consumption in a public place. The punishment is identical to the previous article.
- According to Article 20.22, if a minor used cannabis in a public place. Parents or guardians will be required to pay a fine of 1.5-2 thousand rubles.
Unlike criminal liability for more serious drug-related crimes, administrative penalties are quite mild.
Legal status of hemp in Russia
Marijuana in Russia is a prohibited substance. It is included in the so-called “first list” of drugs. Since 2010, smoking a joint as such is not punishable by law, with the exception of consumption in public places. But the cultivation of hemp, its cultivation, improvement, transportation, storage and sale are prohibited.
The softening of the legislation in 2010 was that now, with minimal quantities that fit within the logic that a person took cannabis exclusively for personal high, instead of criminal punishment, he faces only a fairly lenient administrative one. Only particularly large cultivation plots and batches of storage, transportation, distribution, etc. now fall under the Criminal Code. (more about their sizes below). But at the same time, hemp is still grown in Russia for use as an industrial raw material, the manufacture of medicines and other “non-narcotic” purposes.
According to the law, only businesses with a special license can legally plant, process and use hemp. If we are talking about medicinal raw materials (cannabinoids are part of many pharmaceuticals) or scientific research, then only state enterprises (federal state unitary enterprises) are engaged in agricultural cultivation and processing of cannabis under the strict control of internal affairs bodies. In 2022, the expansion of these areas was considered at the legislative level due to the fact that sanctions against the Russian Federation on the world stage have reduced the supply of foreign medicines, and they have to be imported.
If we are talking about raw materials for textiles, ropes, food products, insulation in construction, etc., then according to the law, enterprises must grow hemp only of special varieties with a minimized content of cannabinoids, and sell it in a processed form, excluding use “for a high.” " There are such factories in Mordovia, Nizhny Novgorod region and other regions of Russia. Yes, there are seeds among their products, but they have already been processed so that they will not sprout. They are used for feed, for the production of oil, products, or as dietary supplements for raw foodists and vegans.
To avoid confusion, the concepts in the English language were even separated - the narcotic plant began to be called only cannabis, and industrial crops were still called hemp.
However, it will not work to deceive an ordinary citizen by saying that the “personal plot” is intended for ropes and a shirt, because:
- there is no special permitting license;
- will “give out” a high content of cannabinoids during analysis, which is excluded in industrial crops.
Criminal liability for marijuana
For a number of actions with marijuana, Articles 228 and 228.1 of the Criminal Code of the Russian Federation provide for punishment. The following actions are criminally punishable:
- Manufacturing and processing of drugs.
- Storage.
- Transportation.
- Distribution, including free.
It is important to understand that while there is no criminal penalty for the use of marijuana, there is one for its possession. In practice, it is difficult to imagine use without storage.
What weight of marijuana is punishable by criminal charges?
According to Government Decree No. 1002, the following quantities of stored drugs are established, on the basis of which a specific punishment is assigned:
- Significant size - 6 grams.
- Large – 100 grams.
- Extra large – 100,000 grams.
The punishment can be significantly increased in case of large and especially large quantities of drugs seized.
Punishment for possession of marijuana
As mentioned above, the punishment depends on the size of the drug stored:
- If the amount is significant, the maximum penalty is imprisonment for up to 3 years. But more often they impose correctional, compulsory labor, a fine or restriction of freedom.
- If the amount is large, imprisonment will be mandatory - up to 10 years. Additionally, a fine of up to 500 thousand rubles will be applied and freedom will be limited for a year.
- A particularly large size will result in a sentence of 10 to 15 years. If there are mitigating circumstances, the court may limit itself to the minimum figure.
The law defines only one way to avoid liability - to hand over marijuana to the police voluntarily.
Punishment for distribution of marijuana
Selling any drugs is the most serious crime. The fact that marijuana is a so-called soft drug does not reduce the degree of punishment:
- According to the first part of Article 228.1 of the Criminal Code, sales will be punished with 4-8 years in prison.
- The significant amount of the drug increases the possible sentence to 8-15 years.
- Large size - up to 10-20 years.
- Particularly large - up to 15-20 years.
If a criminal sold drugs in public places or through the media, then even with a minimal quantity, the prison term is determined within 5-12 years.
