Offenses of drug trafficking and consumption of low-risk or high-risk drugs in Romania
Why should you be assisted by a criminal law specialist lawyer in Romania before law enforcement authorities or in court?
Consulting a criminal law specialist lawyer is essential throughout the criminal trial, especially in cases of drug trafficking and consumption of high-risk or low-risk drugs, given the severe penalties for these offenses, which can reach up to 25 years in prison.
Our lawyers, with extensive experience in criminal law, have vast expertise in handling drug trafficking and consumption cases and can provide the specialized assistance needed to formulate the most effective defense in court, thus contributing to protecting your interests within the complex criminal process.
What are drug trafficking and consumption offenses in Romania?
The offenses of drug trafficking and consumption in Romania are covered by Law 143/2000 on the prevention and combating of illicit drug trafficking and consumption.
If you are a suspect or defendant in a case involving drug trafficking, possession, or consumption, you should know that being represented by a lawyer specialized in this field is very important.
According to the law, drugs are plants and substances classified as narcotics or psychotropic drugs or mixtures containing prohibited substances.
Drugs are divided into two categories:
- Low-risk drugs (listed in Tables I and II of the mentioned law) – substances that alter consciousness, such as cannabis, LSD.
- High-risk drugs (Table III) – substances that inhibit the central nervous system, such as bromazepam, ketamine, cocaine, heroin, and ecstasy.
According to Article 2 of the same law, the following constitute offenses:
- cultivation, production, manufacturing, experimentation, extraction, preparation, transformation,
- offering, putting up for sale, selling, distributing, delivering in any way, sending, transporting,
- procuring, purchasing, possessing,
- other operations related to drug circulation,
For low-risk drugs, the penalty is imprisonment from 3 to 10 years and includes the prohibition of certain rights. For high-risk drugs, the penalty is imprisonment from 5 to 15 years.
Additionally, international drug trafficking is incriminated, with the import or export of low-risk drugs being punishable by imprisonment from 5 to 15 years and the prohibition of certain rights. For high-risk drugs, the penalty ranges between 10 and 20 years of imprisonment and the prohibition of exercising certain rights.
Regarding the cultivation, production, manufacturing, experimentation, extraction, preparation, transformation, purchase, or possession of low-risk drugs for personal use, the penalty is imprisonment from 3 months to 2 years or a fine, while for high-risk drugs, imprisonment ranges from 6 months to 3 years.
If as a result of drug distribution the victim dies, the penalty is imprisonment ranging from 15 to 25 years – a harsher punishment than that for homicide.
Providing any designated place or residence for illicit drug use or tolerating illicit drug use in such places is punishable by imprisonment from 2 to 7 years and the prohibition of certain rights if the person providing the space was aware of this.
Waiver of Penalty Application and Criminal Prosecution in Romania
The quantity of drugs is relevant in determining the severity of the offense; however, a small amount of drugs does not necessarily mean the offense will go unpunished. Certainly, if the case involves a small quantity, the investigative body may decide to waive prosecution, as there may be no public interest in investigating a minor incident. Additionally, the court may decide to waive the penalty or postpone its application—solutions that do not result in the conviction of the offender.
Our team of lawyers in Romania has successfully represented clients in numerous cases involving the possession or trafficking of low-risk and high-risk drugs.
