How much drugs can be stored without a crime?

How much drugs can be stored without a crime?

Many people are interested in the question of how much drugs you can have on you without being held criminally liable. This is especially true in cases where a person is detained by law enforcement officers and suspected of drug possession. In such situations, a lawyer can help you understand whether you are facing administrative or criminal liability and how to minimise legal risks.

Drug possession: what does the law say?

Possession of drugs without the intent to sell is a serious offence regulated by the Criminal Code of Ukraine. The law sets clear limits on the amount of substances seized and the circumstances of the case. The penalties for drug possession depend on a number of factors: whether it is a first offence or a repeat offence, whether there are aggravating or mitigating circumstances, and whether the suspect admits guilt. In any case, it is important to immediately consult a lawyer who will determine the legal position and develop an effective defence strategy. 

In which cases is criminal liability provided for

Criminal liability for the possession of narcotic substances arises when their quantity exceeds the threshold of a ‘small amount’ established by law, or if it is a repeat offence, or if there are aggravating circumstances. In such cases, the person may be punished with imprisonment. Criminal liability for drug possession is not only a question of quantity, but also of context: the investigation always takes into account whether distribution was planned or whether there is other evidence that complicates the case.

What are the penalties for drug possession?

When qualifying a case, circumstances that may affect the severity of the punishment play an important role:

• Administrative liability. It is applied in cases involving small amounts of drugs and no intention to sell. The punishment may be a fine, administrative arrest or community service.
   
• Criminal liability. This applies in cases of possession of medium or large quantities of narcotic substances. The punishment is imprisonment for 4 to 8 years, depending on the circumstances.
   
• Aggravating circumstances. Actions such as repeat offences entail more serious liability — from 6 to 10 years with confiscation of property. However, committing a crime involving a minor is punishable by imprisonment for a term of 9 to 12 years with confiscation of property.

The punishment for drug possession depends on a variety of circumstances: the quantity, the number of offences, etc. In these cases, the assistance of a lawyer plays a key role in reducing the possible risks for the client.

Is it possible to avoid criminal charges for drug possession?

It is possible to avoid criminal liability, but it all depends on the details of the case. If we are talking about a minimal amount of substances without the intent to sell, it may be an administrative punishment, but the line between it and criminal punishment is quite thin. It is important not to remain alone with the problem: a lawyer plays a key role in gathering evidence, proving the absence of a crime, and protecting the rights of the suspect.

Legal assistance in cases involving the possession of narcotic drugs

The support of a lawyer in such cases is critically important and includes the following steps:

1. Analysis of case materials, evaluation of evidence, and identification of procedural violations.
    
2. Participation in investigative actions, searches, interrogations, and monitoring their legality.
    
3. Drafting complaints and defending in court.
    
4. Organising the reclassification of the case and searching for mitigating circumstances.
    
5. Support during medical examinations (if necessary).

Defence in drug possession cases requires a professional approach, attentiveness and decisive action. A lawyer can minimise risks and achieve a fair outcome.

How does a lawyer help in drug possession cases? 

They assess the legality of law enforcement actions: they check whether the search, detention and seizure of substances were carried out without violations and challenge the actions if the procedure was violated. 

Formulates a defence strategy: considering the circumstances, the lawyer determines the best tactics: proving innocence, reclassifying the case or mitigating responsibility. 

Defends in court and during the investigation: represents the client's interests, prepares documents, participates in all investigative actions, and negotiates with the prosecution regarding possible alternative solutions. 

Why should you contact a lawyer as soon as possible?

The sooner you contact a specialist, the more chances you have to avoid serious consequences that significantly affect your future. In the early stages of the case, the lawyer prevents mistakes in communication with the investigator and forms an effective defence strategy. Cases involving the preservation of freedom can cost you your freedom, so legal assistance should be your first step.