Is there a crime for drug use?

Is there a crime for drug use?

Society often confuses the possession, distribution and direct use of drugs, which are very different in terms of liability. The law clearly distinguishes between all actions related to drugs, and the Criminal Code of Ukraine most often determines the extent of liability. Drug use, if not related to distribution or possession, entails administrative liability, but even in this case, the line between administrative and criminal liability is quite thin. 

What does Ukrainian law say about drug use?

Ukrainian legislation distinguishes between actions such as possession, transfer or use of drugs. Article 44 of the Code of Ukraine on Administrative Offences provides for punishment in the form of a fine or arrest for the use of narcotic or psychotropic substances without a doctor's prescription. If the use is accompanied by other offences, such as driving under the influence of drugs, the liability is increased, and this is also regulated by the article on drug use. Also, if it is a repeat offence, the sanctions will be more severe. So even if the habit itself does not entail criminal liability, its consequences can still be extremely serious, depending on the circumstances. 

Is drug use without the intent to sell a crime or not?

Drug use without distribution does not usually entail criminal liability, but this is subject to the absence of aggravating circumstances, such as use in public places. The Ukrainian law on drug use stipulates that for the mere fact of use (without storage in large quantities or distribution), a person may be held administratively liable under Article 44. However, it is worth remembering that even a small amount of these substances, together with aggravating circumstances, may qualify as a criminal offence.

The difference between administrative and criminal liability

Administrative and criminal liability for drug-related offences differ significantly in terms of the procedure for bringing charges and the consequences. Administrative liability is applied in most cases of drug use without the intent to sell, and involves fines or arrests. Criminal liability arises in cases of storage, manufacture or sale of narcotic drugs in significant quantities, as well as in cases of repeated or particularly serious violations. It involves more severe sanctions — from long-term restrictions on freedom to imprisonment, as well as a record in the person's personal file, which significantly affects their future.

What is the punishment for drug use?

The use of narcotic substances in Ukraine is regulated by a number of normative acts that provide for various sanctions:

• A fine for drug use, which usually ranges from several hundred to several thousand hryvnias.
• Administrative arrest is possible in the case of repeated violations or by court decision.
   
• A warning is used in some cases as the least severe punishment.
   
• Medical referral is used in cases of addiction.
   
• Criminal liability — in the case of repeated violations, use in public places or other aggravating circumstances. 

Penalties for drug-related offences are often complex and depend on the specific details of the case. In such cases, it is important to understand your rights and seek timely assistance from a lawyer who will help protect them.

What to do if you or a loved one is accused of drug use?

Drug use charges are a serious matter that can result in both administrative and criminal consequences, so it is important to know how to act:

1. Do not give explanations without a lawyer. Even if you are confident that you are right, it is important to seek help, as every word can be used against you.
    
2. Insist on an examination. If the fact of use is in doubt, it is important to request medical testing, preferably at an independent facility.
    
3. Consult a lawyer. A specialist will help you understand what violations you are accused of, check the legality of the actions and plan a further legal strategy for your defence.
    
4. Record all procedural violations. An illegal search or the absence of witnesses can be grounds for appealing the procedure and removing liability.

Charges in such cases are not always based on official grounds; sometimes they arise from formal suspicions. In any case, the main thing is not to remain alone with the problem, but to seek the help of a lawyer who will protect your rights and interests.

How can a lawyer help in a drug use case?

Analysis of evidence and procedural violations. A specialist will check how legally the evidence was collected, whether the rights of the person were observed during a search, detention or medical examination.

Building a defense strategy. A specialist will assess the circumstances of the case and help choose the most effective line of defense - for example, proving the absence of guilt or an insignificant amount.

Representation in court and investigative bodies. A lawyer will accompany you at all stages: from interrogation to court hearing, seeking to minimize liability or close the case.

Lawyer's advice: how to protect your rights?

It is important to quickly and competently protect your rights. A specialist will help you understand the norms of the law, avoid typical mistakes and form a clear legal position. In any situation - from administrative proceedings to a criminal case - timely legal advice can change the course of events in your favor.