Article of the Criminal Code of the Russian Federation for the use of narcotic substances: liability and fine

Punishment for drug use is a fairly pressing problem in modern society. It’s no secret that young people’s passion for illegal drugs does not always end harmlessly. In most cases, teenagers become addicted to drugs and it is almost impossible to get out of this quagmire.

What makes the younger generation take this dangerous path? The first reason is legal illiteracy. Many teenagers believe that legal liability only applies to the possession and distribution of illegal drugs. This is wrong. The current legislation provides for liability for drug use, which clearly defines the penalties.

What makes people take drugs, how to identify addiction in time

No one is immune from the problem of drug addiction. The main reasons that push a person into the sphere of dangerous interests are considered to be the thirst for unusual sensations and difficult life situations. Under the influence of drugs, any problems recede into the background, a person seems to be able to easily succeed in any undertaking, he becomes liberated and free from heavy thoughts. This is visible euphoria, for which there is subsequently a cruel retribution.

If adults consciously start using drugs, children and adolescents are simply drawn into this dangerous activity. It’s curious, but now there is no information blockade, the consequences of the problem are widely covered by the media, but the number of minors suffering from drug addiction is steadily growing. This is caused by conformity - pressure from a group of peers.

The child is embarrassed that he will stand out among friends for his correctness, so he begins to try illegal drugs for company, becoming more and more involved.

Dependency can be determined by the following criteria:

Appearance: skin color changes, an unhealthy sparkle in the eyes or blush appears, closed items with long sleeves begin to predominate in the wardrobe.
Health: a sharp decrease in body weight, constant thirst, problems with blood pressure, disturbances in sleep and wakefulness.
Behavior: the sphere of interests changes sharply, attention wanders, the character becomes irritable, and speech is abrupt.

In addition, sure signs of drug addiction are the appearance of specific objects in a person: syringes, tourniquets, tablets of unknown origin, acetone or solvent.

Important! If you discover any of the above signs, you should immediately show your loved one or child to a narcologist. Drug addiction is quickly and effectively stopped in the initial stages of addiction. If the problem becomes protracted, the patient will require expensive treatment and long-term rehabilitation.

How to avoid punishment

The article itself for consumption provides a way to avoid punishment.
So, if a person suffering from drug addiction voluntarily turns to a medical institution to get rid of his problem without a doctor’s referral, then he will be freed from any negative consequences for what he has done.

In addition, if a person is recognized as suffering from drug addiction and in the absence of objections on the part of the latter to receiving medical care, he will also be freed from unpleasant consequences.

A similar exemption from the consequences of the crime is available for the article prohibiting the use of illegal drugs in public places. Parents of persons under eighteen years of age will not be able to avoid punishment this way.

Another way is to undergo an examination. If the results of a medical examination show that a person did not use drugs, then, of course, there will be no negative consequences.

In this regard, it would not be amiss to talk about how the medical examination is carried out.

Examination procedure

This procedure is established by Order of the Ministry of Health of Russia dated December 18, 2015 No. 933n. The first thing the examination begins with is an examination of exhaled air for the presence of alcohol . If the result is positive, this test is repeated after fifteen to twenty minutes.

The next point is to conduct a general examination of the person to identify signs of being “high.” Among these signs:

changes in mental activity (emotional imbalance, inappropriate behavior, etc.);
changes in vegetative-vascular reactions (tachycardia, bradycardia, sluggish reaction of the pupils to light, their narrowing or dilation, etc.);
disturbance of the motor sphere (tremor of the eyelids, tongue or hands, motor agitation or retardation, etc.).

If the alcohol test is negative and the person being examined has at least three external signs of intoxication, material is collected for a chemical-toxicological study.

Based on the results of this study, a conclusion is made either about the establishment of a state of intoxication or about its absence.

Attention! If during the examination a person falsified an exhalation, a sample of a biological object (urine), or refused an examination by a medical specialist or any instrumental or laboratory examination, then he is automatically considered to have refused the examination.

Positive result

If the examination reveals the presence of prohibited drugs in the body, the case is sent to court for consideration on the merits.
In this case, the violator has the right to contact an alternative organization providing medical services that has a license to conduct the relevant examination to undergo it again.

If the second examination shows a negative result, these documents should be handed over to the court, which will decide which organization should be trusted. However, in practice, courts give preference to the original expert institution when making decisions.

In addition, the defendant in an administrative case should check whether any procedural errors were made when drawing up the protocol by the persons who sent it for examination. You should also check that the results of the medical examination are recorded correctly.

This procedure is contained in Order of the Ministry of Health of Russia dated December 18, 2015 No. 993n. It may happen that one of the authorized persons made mistakes - this is a reason for invalidating the examination.

Responsibility for drug use

The article for the use of narcotic substances without a medical order (some drugs belong to the group of medications) is in the Code of Administrative Offenses - the Code of Administrative Offenses. More precisely, liability measures are regulated by three articles at once:

Article 6.9 of the Code of Administrative Offenses of the Russian Federation provides for punishment for taking narcotic or psychotropic drugs in the form of a fine in the amount of 4,000-5,000 rubles or imprisonment for 15 days.
Article 20.20 of the Code of Administrative Offenses of the Russian Federation prohibits the use of illegal drugs in public places, and provides for punishment for an offense in the form of a fine of 500-1,500 rubles.
Article 20.22 of the Code of Administrative Offenses of the Russian Federation determines the responsibility of parents for the use of prohibited drugs by minors, imposing a fine of 1,500-2,000 rubles.

If these offenses are committed by a person who does not have Russian citizenship, such a person is detained for a period of 15 days and expelled from the country.

It follows that, unlike storage and distribution, the use of narcotic drugs does not imply criminal liability. Moreover, the fines imposed do not look impressive and unaffordable, which greatly contributes to the craze for illegal drugs.

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Article 6.9 of the Code of Administrative Offenses of the Russian Federation

Article 20.20 of the Code of Administrative Offenses of the Russian Federation

Article 20.22 of the Code of Administrative Offenses of the Russian Federation

Drug dens

The law has a provision on the basis of which the organizers of dens where drugs are used are held criminally liable. Surely readers have encountered such a problem when there is an apartment at the entrance of a building with suspicious individuals gathering in it every now and then. It seems that there is nothing to report to the police - there is no noise, no hooliganism, but the very appearance of such visitors and, perhaps, the specific smell from the apartment door indirectly indicate that there is a brothel here. In this section we will tell you what can be done in such cases, as well as about Article 232 of the Criminal Code of the Russian Federation, under which drug dealers can be prosecuted.

Literally, the term “den” means a place (premises) where people with criminal intentions gather, within the meaning of Art. 232 of the Criminal Code of the Russian Federation - with the intention to use a narcotic drug. Let us immediately note that according to the criminal legislation of Russia, liability can only arise from those who organized and/or maintain a brothel. That is, the actions of persons who visit the brothel will not constitute a crime, which does not exclude administrative punishment under the Code of Administrative Offenses of the Russian Federation.

Example No. 4 . Rakin R.R. regularly visited the apartment of Myskov N.G., who allowed desomorphine to be brewed (then used) in his apartment. When the police came to check at this address, Rakin, two other dependents and Myskov were in a state of drug intoxication - they were held liable under Art. 6.9 Code of Administrative Offenses of the Russian Federation, and Myskov N.G. – criminal punishment for maintaining a drug den.

Until 2013, according to Art. 232 of the Criminal Code of the Russian Federation, responsibility came only for the organization and maintenance of a brothel, and only 4 years ago the legislation underwent changes - the scope of responsibility also included the systematic provision of premises for the use of illegal drugs.

Contents of the stash

Content refers to the actions of a person to preserve and use the place he already has (not necessarily owns it) where drug addicts come. This could be payment of rent, utilities, cleaning - in a word, everything related to the actual use of the premises, most often residential.

The basis for holding someone accountable for providing premises (most often their own property) will only be confirmed repeated (more than two times) provision of their housing to addicts for the consumption of prohibited substances.

Organizing a hangout

Organization means finding a premises that is planned to be used for gathering drug addicts; it can be either residential or non-residential. This may also include incurring various expenses, repairs, installation of certain equipment for cooking mixtures (purchase of a stove, dishes, etc.). That is, organizing a den for drug consumption can be understood as fully providing amenities for drug addicts, starting with finding a suitable premises.

For liability purposes, it does not matter whether the actions of the organizer (holder) were selfish or gratuitous. In practice, one of the group of drug addicts allows others into his home for part of the dose, which he does not pay for. If the owner of the brothel supplies those who come to him, then he may have additional liability for the illegal sale of narcotic drugs.

As a general rule, the sanction of Article 232 of the Criminal Code of the Russian Federation provides for a punishment of up to 4 years of imprisonment , and in the case of guilt of a group of persons or an organized group, the maximum penalty is automatically increased to 6 and 7 years of imprisonment, respectively.

What can be considered a drug

It is immediately necessary to clarify that this is a rather vague concept, because the definition of narcotic drugs includes some medications that have an analgesic or sedative effect.
Long-term and unsystematic use of such drugs can be addictive, but they are available in any city pharmacy, and are sometimes available without a prescription. It’s curious, but even the common expectorant “Terpinkod” is superior to cocaine in terms of addictive power and harmful properties. Drug addicts use 3-5 packages of this drug at a time to achieve a state of drug intoxication.

If we talk about illegal drugs, they are conditionally divided into 3 main groups, each of which requires detailed consideration.

Opiates

This definition includes all opium-containing drugs, as well as their derivatives:

heroin;
codeine;
morphine, including ethylmorphines and hydromorphines;
promedol;
methadone;
fentaline.

In their action, they are substances with a pronounced sedative effect and plunge a person into deep apathy. Signs of addiction to opiates are lethargy and lack of concentration, and sweets begin to predominate in the diet. Signs of changes in physical health include chronic runny nose, fever, and digestive system disorders.

Psychostimulants

This is a fairly large group of psychotropic substances that, after administration, cause a sharp surge in activity that can last from several hours to 2-3 days. A person’s reaction and brain activity noticeably accelerate, and a persistent desire to move appears. This category includes:

cocaine;
ephedrine;
amphetamine and methamphetamine;
ecstasy.

Signs of taking psychostimulants are increased sweating, euphoria followed by panic attacks, and lack of appetite. In addition, a person taking such drugs often shows unmotivated aggression towards others.

Hallucinogenic drugs

Such substances are called psychedelics, and they cause acute disorders of consciousness, literally distorting reality. In essence, a person moves into a fictional world that exists in his imagination. This includes:

ketamine;
LSD;
cyclodol;
herbal preparations: hashish, marijuana.

In total, this group includes over 100 names of substances of synthetic and natural origin.

Signs of addiction include unstable blood pressure, poor coordination of movements, and constantly enlarged pupils. A person’s behavior becomes unstable, and there are jumps from excessive temperament to suicide attempts.

Analogs

This includes medications that, when the recommended dosage is exceeded, plunge a person into a state of euphoria, and when taken for a long time, become addictive. Here are the following medications:

"Lyrics".
"Nurofen Plus"
"Tropicamide".
"Tramadol".
"Coaxil".

These drugs are freely available and are sometimes available without a prescription. Various legislation has been adopted regarding such drugs, but it is not always possible to limit their distribution. In addition, not all potent drugs are classified as drugs. A striking example: spices, which for a long time were considered permitted substances of plant origin.

Important! Currently, all drugs created on the basis of synthetic analogues of hemp and any derivatives are considered illegal.

News

1/03/2018
On liability for the use and distribution of drugs

USE OF DRUGS, PSYCHOTROPIC SUBSTANCES,

without a doctor's prescription,

NEW POTENTIALLY HAZARDOUS PSYCHOACTIVE SUBSTANCES

(SPICES, SALT, MIXES) ARE PROSECUTED BY LAW!

Free circulation of narcotic drugs is prohibited on the territory of the Russian Federation.

CRIMINAL LIABILITY

For committing actions related to illegal drug trafficking, persons are held criminally liable, for foreign citizens - with a subsequent ban on entry into the Russian Federation until the criminal record is expunged or expunged.

For illegal acquisition, storage, transportation, or production of narcotic drugs, persons are subject to criminal liability under Article 228 of the Criminal Code of the Russian Federation, which provides for punishment of up to 15 years in prison.

For the illegal production, sale, and transfer of narcotic drugs, persons are held criminally liable under Article 228.1 of the Criminal Code of the Russian Federation, which provides for punishment of up to life imprisonment.

For the movement of narcotic drugs across the border of the Russian Federation, persons are additionally subject to criminal liability under Article 229.1 of the Criminal Code of the Russian Federation, which provides for punishment of up to 20 years in prison.

For inducement to consume narcotic drugs, psychotropic substances or their analogues, Article 230 of the Criminal Code of the Russian Federation establishes criminal liability and provides for punishment of up to 15 years in prison.

Since February 2015, the Criminal Code of the Russian Federation has established liability for the trafficking of new potentially dangerous psychoactive substances (salts, mixes, spices), the maximum penalty for which is up to 8 years in prison (Article 234.1 of the Criminal Code of the Russian Federation).

For involving a minor in the commission of a crime, Article 150 of the Criminal Code of the Russian Federation provides for liability for a term of up to 5 years in prison.

When assigning punishment, an aggravating circumstance is the commission of a crime while intoxicated.

If you voluntarily handed over narcotic drugs to law enforcement agencies and actively assisted the investigation, you may be exempt from criminal liability.

ADMINISTRATIVE RESPONSIBILITY

For the use of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances of the Code of Administrative Offenses of the Russian Federation, liability is provided in the form of a fine in the amount of up to five thousand rubles or administrative arrest for up to fifteen days (Part 1 of Article 6.9 of the Code of Administrative Offenses of the Russian Federation).

For involving a minor in the use of new potentially dangerous psychoactive substances or intoxicating substances, Article 6.10 of the Code of Administrative Offenses establishes liability in the form of a fine of up to three thousand rubles.

In addition, administrative responsibility is provided for:

- evasion of diagnostics, preventive measures, treatment for drug addiction and rehabilitation in connection with the consumption of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances (Article 6.9.1 of the Code of Administrative Offenses of the Russian Federation),

— propaganda of narcotic drugs, psychotropic substances or their precursors and new potentially dangerous psychoactive substances (Article 6.13 of the Code of Administrative Offenses of the Russian Federation),

- consumption of narcotic drugs or psychotropic substances, new potentially dangerous psychoactive substances or intoxicating substances in public places (Article 20.20 of the Code of Administrative Offenses of the Russian Federation),

Parents are subject to administrative liability in the form of a fine of up to two thousand rubles for the consumption of narcotic drugs or psychotropic substances, new potentially dangerous psychoactive substances or intoxicating substances by minors (Article 20.22 of the Code of Administrative Offenses of the Russian Federation).

For the acquisition, storage, transportation, production, processing without the purpose of sale, the use of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances, foreign citizens are subject to administrative liability and deportation from the Russian Federation, which provides for a subsequent ban on entry into the Russian Federation for 5 years (Articles 6.8, 6.9 of the Code of Administrative Offenses of the Russian Federation).

For information: A person who voluntarily applies to a medical organization for treatment in connection with the consumption of narcotic drugs or psychotropic substances without a doctor’s prescription is exempt from administrative liability for this offense. A person duly recognized as a drug addict may, with his consent, be sent to medical and (or) social rehabilitation and, in connection with this, may be released from administrative liability for committing offenses related to the use of narcotic drugs or psychotropic substances.

MEDICAL EXAMINATION: (legal basis - Article 44 of the Federal Law “On Narcotic Drugs and Psychotropic Substances No. 3-FZ of 01/08/1998)

A person for whom there are reasonable grounds to believe that he is a drug addict, is in a state of drug intoxication, or has consumed a narcotic drug or psychotropic substance without a doctor’s prescription, or a new potentially dangerous psychoactive substance, may be sent for a medical examination.

LEGAL CONSEQUENCES OF REFUSAL TO COMPLETE A MEDICAL EXAMINATION:

In case of refusal of a medical examination, citizens in respect of whom there were grounds to believe that they had consumed a narcotic drug or psychotropic substance without a doctor’s prescription, or a new potentially dangerous psychoactive substance, may be held accountable in accordance with Part 1 or Part 3 of Art. . 19.3 of the Code of Administrative Offenses of the Russian Federation for disobedience to a lawful order or demand of a police officer or an employee of the authorities for control of the circulation of narcotic drugs and psychotropic substances in connection with the performance of their official duties, as well as for obstructing the performance of their official duties.

The legislation of the Russian Federation for persons with drug addiction establishes restrictions on engaging in certain types of professional activities (occupying certain positions) and activities associated with sources of increased danger (including obtaining a driver’s license, weapons license).

YOU CAN REPORT A CRIME OR VOLUNTARILY DONATE DRUGS TO THE DRUG CONTROL DEPARTMENT OF THE MIA OFFICE OF RUSSIA IN THE ASTRAKHAN REGION or TO THE POLICE, AND ALSO INFORM THE ADMINISTRATION OF THE KIROV DISTRICT (tel. 39-45-76) or ANTI-DRUG COMMISSION UNDER THE ADMINISTRATION OF THE CITY OF ASTRAKHAN » (tel. 51-04-28).

BY REFUSING DRUGS, A PERSON CHOOSE LIFE and FREEDOM!

Recently in Astrakhan, offenders have become more active in applying advertising inscriptions on buildings, fences and other structures, promoting the use and sale of various kinds of narcotic drugs and psychotropic substances that cause irreparable harm to health. The administration of the Kirov region appeals to owners, service companies, residents and guests of the city of Astrakhan: “do not pass by various types of images of email addresses of websites and telephone numbers of distributors of various types of narcotic substances, new dangerous psychoactive substances (spice, mixes, salts), take measures to prevent them destruction (paint over, erase, or report to the police, administration, anti-drug commission).

REMEMBER, drugs do not help solve problems, drug addiction is a disease that destroys the soul and body! Drug use is one of the ways of contracting HIV infection. The most common causes of death for drug addicts are overdose, AIDS, murder, suicide, hepatitis B and C. Drugs are mostly targeted at the younger generation. If you passed by advertisements for drugs or evidence of their use, it means that you agreed with the distribution of these substances among your children and grandchildren. The provision of advisory, medical and rehabilitation assistance is carried out only by certified bodies.

Please note that illegal advertising of destructive organizations providing assistance to alcohol and drug addicts, people in difficult life situations, etc. is placed on poles, trees, buildings and other structures. It should be noted that qualified assistance is provided only by certified bodies that are required to comply with established standards. Seeking help from bodies that do not have certificates for engaging in this type of activity (for example: the “charitable public organization MBOO (Revival)” advertised on poles and trees), even free of charge, is fraught with the fact that one’s already compromised health may be completely lost, and In this case, there is no one to file claims about poor quality service. You need to know that a self-respecting organization will not advertise on anything, and persons who provide such services unofficially, without registration, and without positive work experience, are often associated with criminal organizations. We ask you to take measures to eliminate such advertising or report such facts to your management organization or the administration of the Kirovsky district by phone.

At the same time, we inform you that advertising on buildings, poles, trees and other structures is permitted with the permission of the owner in places equipped for this. At the same time, advertising should not contradict established legislation. Placing signs or leaflets advertising this activity entails administrative liability from 2,000 to 5,000 rubles for citizens and from 10,000 to 40,000 rubles for officials under Art. 13 part 2 and part 3 of the Law JSC “On Administrative Offences” No. 41/2016-OZ dated 06/22/2016. Violation of the requirements for their maintenance by owners, owners, tenants of buildings (including residential buildings), structures shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from one thousand to two thousand rubles; for legal entities - five thousand rubles, in accordance with Part 5 of Article 13 of this law.

Administration of the Kirovsky district of the city of Astrakhan

Kirovsky district

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Liability of minors

If we talk about criminal liability, then the following articles of the Criminal Code of the Russian Federation apply:

Article 230 – inducement to use prohibited substances;
Article 231 – cultivation of plants containing psychotropic components;
Article 232 - maintaining dens for the use of prohibited drugs;
Article 233 - falsification of medical prescriptions giving the right to receive potent drugs in pharmacies;
Article 234 - illegal trafficking and sale.

However, these articles are not always applicable to minor drug addicts. According to current legislation, the following procedure applies:

Administrative responsibility begins at the age of 16.
Criminal liability for possession and distribution also applies from the age of 16.

If a drug addict has not reached the age of 16, his parents are responsible for his illegal actions, who are brought to administrative responsibility and punished with fines in accordance with Article 6.9 of the Code of Administrative Offenses of the Russian Federation.

It should be noted that more lenient measures are also provided here. This may include written consent to undergo a rehabilitation course in special medical institutions.

Important! The current legislation does not have an article that allows a person to be sent for compulsory treatment for drug addiction. This is only possible in cases where a citizen shows obvious aggression towards others. However, even here an appropriate court decision is required. Download for viewing and printing:

Article 230 of the Criminal Code of the Russian Federation

Article 231 of the Criminal Code of the Russian Federation

Article 232 of the Criminal Code of the Russian Federation

Article 233 of the Criminal Code of the Russian Federation

Article 234 of the Criminal Code of the Russian Federation

Inducement to use

We have already noted that the Criminal Code of the Russian Federation does not contain provisions on criminal liability for drug use.

At the same time, inducing other people to use is a criminal offense in accordance with Art. 230 of the Criminal Code of the Russian Federation.

This provision of the law makes it possible to hold accountable those who introduce healthy people to drug addiction, contributing to the emergence of addiction. According to research, drug addicts are divided into two groups - those who deeply regret that they once tried a prohibited substance (such addicts, despite the fact that they themselves continue to use, discourage people who decide to try it for the first time) and those who actively distribute information about the imaginary safety of drugs, offers and even imposes pills and mixtures on the “newbie”.

Inducement to try a drug may involve the following intentional actions:

persuasion - when a person is convinced that nothing bad will happen, the powder simply relaxes;
deception - when a drug is offered under the guise of a legal antidepressant or a regular sedative;
mental violence - threats are made that if you refuse to use, they will tell something secret about the person, make fun of you in the company, etc.;
physical violence - threats to cause harm are made (or even demonstrated).

Any of the listed actions, regardless of whether the person succumbed to persuasion, may be punishable by imprisonment for up to 5 years . If the same actions are carried out in relation to a minor (and this most often happens), then the perpetrator may be subject to punishment of up to 15 years in prison, and it does not matter at all whether the persuader was a drug addict. At the same time, if during the inducement the guilty person offered the drugs he had, then his actions may also fall under sale.

Example No. 3 . Andronov E.P. did not use drugs, but all the youth in the area knew him as a “huckster” from whom you could buy spice at any time of the day. In view of the enhanced prevention of the department for minors of the Ministry of Internal Affairs, as well as the vigilance of ordinary citizens, who are increasingly reporting the “bookmarks” they found, clients of Andronov E.P. became less and less. While walking through the park, he noticed two teenagers, in a conversation with whom he began to convince them to try the substance from the bag. When the teenagers agreed, he took two bags of white powder from his pockets and handed them to the children. However, from the house opposite, a neighbor who knew what Andronov was doing managed to call the police, which promptly prevented the teenagers from using spice. Adronov was convicted of inducing minors to drug addiction and attempting to sell them. In total, under two articles of the Criminal Code of the Russian Federation, he was sentenced to 16 years of imprisonment in a maximum security colony.

You can read more about criminal liability for the illegal sale of narcotic and psychotropic drugs here.

Legalization of “light” psychotropic drugs: pros and cons

Surprisingly, the topic of allowing the use of soft drugs was raised at the state level. Proponents of this idea cited the following arguments in their favor:

reduction in crime rates;
natural liquidation of syndicates involved in the manufacture and distribution of illegal drugs;
freeing up law enforcement officers for more important tasks;
receipt of taxes from sales to the treasury.

The decision was rejected. It becomes clear that the decision to legalize narcotic drugs has the exact opposite effect; accordingly, in the foreseeable future, laws permitting this type of activity will not be adopted.

Preventive measures

The best way to combat drug addiction is timely prevention, and these measures should be taken from adolescence. Experts recommend introducing two effective methods that fall on the shoulders of parents:

maintain trusting relationships in the family so that the child does not gain experience in dubious companies;
organization of leisure time - if a teenager has an interesting activity: sports or music, he will not look for an outlet in dangerous entertainment.

In addition, much depends on the role of the state, which should in every possible way highlight the harm that drugs bring to people.

Drugs and criminal liability

However, as in the situation with a re-examination, you should not have much hope for a positive outcome.
In the Criminal Code of the Russian Federation, crimes related to legal relations with narcotic and psychotropic drugs are regulated by Chapter 25, which includes criminal acts against public health and public morality.

It is immediately worth noting that there is no criminal liability for drug use . However, the Criminal Code of the Russian Federation contains articles that are directly related to drug users.

Thus, Article 228 of the Criminal Code of the Russian Federation defines as criminal the illegal purchase, storage, production, as well as illegal transportation of substances that cause narcotic intoxication in a significant amount, when there is no purpose for the sale.

So, for example, two grams of hashish will already be a significant amount. The consequences provided for this crime , without aggravating circumstances:

a maximum fine of forty thousand rubles;
up to four hundred hours of compulsory work;
imprisonment for up to three years.

The next criminal offense related to drugs is their illegal distribution.

Thus, articles 228.1, 228.2, 228.3 and 228.4 regulate violation of the rules for the circulation of illegal drugs that have an intoxicating effect on the human body, illegal production, sale, purchase, as well as transfer and transportation of drugs.

Production and movement

If drugs are illegally transported across the customs border of the Russian Federation, the person who carries out these actions faces imprisonment for up to seven years with a fine of up to one million rubles , which is established by Article 229.1 of the Criminal Code of the Russian Federation.

For illegal large-scale cultivation of prohibited plants that contain intoxicating substances or their precursors, Article 231 of the Criminal Code of the Russian Federation establishes liability:

fine up to three hundred thousand rubles;
four hundred eighty hours of compulsory work;
restriction or imprisonment for up to two years.

Illegal purchase, storage or movement of precursors of substances that have a narcotic effect on humans, as well as plants that contain large amounts of precursors, is punishable by a fine of up to three hundred thousand rubles, or one hundred and eighty hours of compulsory labor, or a year of correctional labor .
As provided in Article 228.1, illegal production, sale or transfer of drugs entails imprisonment of up to eight years.

At the same time, Article 228.4 for similar actions with precursors of illegal drugs establishes as consequences a restriction of freedom for up to four years.

A few more special compounds

For people whose work is related to the production of narcotic drugs, there is article 228.2, which is called “violation of the rules for the circulation of narcotic drugs or psychotropic substances.”

On its basis, failure to comply with regulations related to the production, storage, accounting, sale or destruction of illegal drugs and their precursors will be punished by a fine of up to one hundred and twenty thousand rubles or three hundred and sixty hours of compulsory labor .

The legislator includes in a separate article such actions as theft or extortion of illegal intoxicating substances and plants that contain these substances. Such a criminal act entails imprisonment for up to seven years.

Assistance in the development of drug addiction

If a person who uses drugs involves, say, his friends who do not use drugs, such an act will be punished:

restriction of freedom for up to three years;
imprisonment for up to five years;
arrest for up to six months.

If such propaganda was carried out against a minor or resulted in death or serious consequences for the victim, then the person who committed this faces up to fifteen years in prison with a possible restriction of freedom for up to two years.

Important! And the last thing for which the Criminal Code of the Russian Federation provides certain consequences is the creation or participation in the operation of brothels, or the regular provision of premises for drug use.

Based on the position of the courts on these issues, it should be concluded that regularity means repeated provision of a place for drug use with a short temporary break . Unfortunately, the legislator did not provide a more precise definition, so let’s look at examples.

Thus, providing your apartment once a year will not be considered systematic, since a large amount of time passes between such “parties”.

Similarly, in the case when, say, people used drugs for three days in a row, but without leaving the apartment, this will be counted as one time, and there is no systematicity here.

If a person provides premises for such acts, say, every weekend for a month, this will already be a systematic action . However, it should be remembered that the court considers each case individually. Responsibility for this violation is up to four years in prison.