But just because there’s a ‘who cares’ attitude, that doesn’t mean you can’t get in trouble. ThinkExpats takes a look at the applicable sections deal with 2 different types of offences:
1. Unlawful possession
2. Unlawful production, import, export, transfer, offering, mediating, selling or otherwise obtaining for another person.
1. Unlawful possession
Article 187a of Penal Code states that anyone who keeps a narcotic substance “in an amount greater than a small amount” will be punished by A) imprisonment for up to 2 years or B) a financial penalty of up to 15,000 Crowns. There is no clear definition, of how such an amount is to be interpreted and will inevitably be by the police and the courts.
If the crime is committed to “in a large extent” you could be imprisoned from 1 to 5 years. So depending on how the police and courts interpret the quantity you possess, if they deem it greater than a small amount, you will be penalized.
2. Unlawful production, import, export, transfer, offering, mediating, selling or otherwise obtaining for another person.
The laws states that anyone caught engaging in any of these acts will be punished by imprisonment from 1 to 5 years. Stricter penalties apply for committing the crime in a greater extent; If you obtain “significant benefits” (i.e. 200,000 Crowns or more), if you cause severe damage to the health of several persons or cause death, or are operating internationally the penalty is 10 to 15 years.
Furthermore anyone who procures for himself or another person an item intended for the unpermitted production (not consumption) of narcotic substances may also be imprisoned.
Article 188a applies strict penalties to anyone who “invites other people to misuse narcotics or supports other people to misuse narcotics or otherwise incites or distributes the misuse of such substances.”
The penalties are up to 3 years of imprisonment and 1 to 5 years if the crime is committed against persons under the age of 18.
