CRIME AND PUNISHMENT

Date: 11/09/1997

There are at present no EU-level rules governing the illegal possession of drugs, and approaches differ greatly between the 15 member states. Below is a summary of national policies drawn up by the EMCDDA, although it should be remembered that 'on the ground' implementation of rules can sometimes vary from the official line.

Austria

Possession of small quantities for personal use: the prosecution must discontinue proceedings for a probation period of two years.

Possession of small quantities not for personal use: up to six months' imprisonment or a fine.

Possession with aggravating circumstances (involving minors, etc) and possession of large quantities: up to three years' imprisonment.

Belgium

Three months' to five years' imprisonment and/or a fine.

Possession with aggravating circumstances (involving minors, etc): up to 20 years' imprisonment.

Sentences can be deferred or suspended in cases involving possession for personal use.

Denmark

Up to two years' imprisonment and/or a fine. Sentences can rise to up to ten years in certain serious cases.

Finland

Up to two years' imprisonment and/or a fine, rising to a maximum of ten years in cases involving very dangerous drugs. Sentences may be waived if the offender is undergoing treatment.

France

Up to two years' imprisonment and/or a fine, rising to up to ten years with aggravating circumstances.

Germany

Up to five years' imprisonment and/or a fine. Cases involving large quantities carry a minimum prison sentence of one year.

Greece

For offences involving small quantities for personal use, non-addicts can be imprisoned for between ten days and five years and/or fined. Addicts are sentenced to compulsory treatment. Sentences can be waived for first-time offenders.

Offences involving large quantities distributed by an addict carry sentences of five to 20 years and a fine. The prison term can be spent in a therapeutic institution.

Non-addicts caught supplying large quantities face sentences ranging from ten years to life plus a fine.

Ireland

First and second convictions for the possession of cannabis products for personal use result in a fine. Subsequent convictions can be dealt with either by a fine or up to three years' imprisonment.

Possession of all other controlled drugs carries a fine and/or prison sentence ranging from one to seven years.

Italy

Possession of hard drugs and barbiturates for personal use is punishable by administrative sanctions such as the suspension of passports, driving licences or firearms certificates for between two to four months.

For cases involving cannabis or illegally acquired prescription drugs, similar sanctions apply but for one to three months.

First-time offenders and minors can be issued with a simple warning in certain circumstances.

Penalties can be suspended if the offender is willing to undergo treatment.

Luxembourg

Three months' to three years' imprisonment and/or a fine for personal use.

One to five years' imprisonment for non-personal use rising to a lifelong prison sentence in very serious cases.

Netherlands

Less than 30 grams of cannabis for personal use: up to one month's imprisonment and/or a fine.

Possession of all other amounts of soft drugs including cannabis: up to two years' imprisonment and/or a fine.

Possession of small quantities of hard drugs for personal use: up to one year's imprisonment and/or a fine.

Possession of hard drugs for non-personal use: up to four years' imprisonment and/or a fine.

Portugal

Possession for personal use: up to three months' imprisonment or a fine. Three daily doses or less: up to one year.

Possession of hard and 'designer' drugs by user-dealers: up to three years' imprisonment or a fine. (Up to one year for illegal possession of tranquillisers and analgesics).

If the quantity exceeds five daily doses, the crime is not treated as possession.

Spain

Possession for personal use is punishable by administrative sanctions.

Possession not for personal use carries a fine and one to three years' imprisonment for soft drugs and up to nine years for hard drugs.

Sweden

Minor offences: up to six months' imprisonment or a fine.

Serious offences: two to ten years' imprisonment.

Other offences: up to three years' imprisonment.

United Kingdom

Possession of 'class A' drugs (heroin, opium, cocaine, methadone, morphine, MDMA and LSD) with intent to supply another: maximum of life imprisonment and/or an unlimited fine.

Possession of 'class A' drugs for personal use: up to seven years in prison and/or an unlimited fine.

Possession of drugs in classes 'C' and 'D' (including cannabis and amphetamines) with intent to supply another: five to 14 years' imprisonment and/or an unlimited fine.

Possession of drugs in classes 'C' and 'D' with no intent to supply another: two to five years' imprisonment and/or an unlimited fine.