Misuse of Drug Act
German Version French Version

The Misuse of Drugs Act from 1971 offences the unlawfully possession of a controlled substance and the intend to supply such controlled subtances. There is a classification into class A drugs (Ecstasy, LSD, heroin, cocaine, crack, magic mushrooms [if prepared for use] amphetamines [if prepared for injection], class B drugs (Amphetamines, Methylphenidate [Ritalin], Pholcodine and class C drugs (Cannabis, tranquilisers, some painkillers, GHB [Gamma hydroxybutyrate]).

Drug trafficking (supply) attracts serious punishment including life imprisonment for Class A offences. Penalties for possession of class A drugs are up to seven years in prison or an unlimited fine, or both. Penalties for dealing are up to life in prison or an unlimited fine, or both.

For class B drugs, penalties for possession are up to five years in prison or an unlimited fine, or both. Penalties for dealing are up to 14 years in prison or an unlimited fine, or both.

The act is modified in 1998 and 2001 by adding class A and class B substances. To enforce this law the police have special powers to stop, detain and search people on "reasonable suspicion" that they are in possession of a controlled drug. See Drugs Act 2005.

Drugs Act of Germany Drugs Act of Germany (BtmG)

In Germany, the so-called "Betäubungsmittelgesetz, BtmG" from 1972, which has been modifed by the 18th supplement, is responsible for drug classification and drug handling. The substances are listed in 3 categorys. For punishment it has to be destinguish between drug possesion of small amounts for the own consumption and possesion of so-called "not small amounts" of drugs by producing drug or in order of drug dealing. These limits for "not small amounts" where specified by the permanent juristication.

Drugs Act of Italy Drugs Act of Italy

Italy discharged on 27.01.2006 one of the most strictly drug acts in Europe, which does no longer differentiate between hard and soft drugs and thus smoking Cannabis is equivalent to a heroin consumption. While the possession of a "small quantity" (limit values by the Ministry of Health from April 2006: Heroin 250 mg, Cocaine 750 mg, THC 500 mg, MDMA 750 mg, Amphetamine 500 mg und LSD 0,150 mg pure drug) is still classified as irregularity and is punished with fine or suspension of driver's licence up to one year (foreigners: withdrawal of the residence permission and/or the tourist visa), possesion of larger drug quantities, drug producing or dealing can be punished with imprisionment from 6 to 20 years.

Drugs act of the netherlands Drugs Act of the Netherlands

The most liberal drugs act of the netherlands is based on the Opium law in the version of 1976, which differentiates between "hard" and "soft" drugs and makes an evaluation according to a risk scale, which is based on medical, pharmacological, sociological and psychological data. The personal drug use in small quantities does not lead to a criminalisation, meaning hard drugs in a quantity of 0.5 g or Cannabis 5 g. Cannabis may be delivered legally in so-called “coffeshops” at persons over 18 years. Possession, production and sales from Cannabis to a quantity of more than 30 g will punished with 1 month prison and 2300 € fine, for other drugs punishments differs from 1 year prison and/or 4500 € (possession) up to 8 years and 45000 € (production).

Narcotic Substances in Austria Narcotic Substances Act of Austria (SMG)

On 01-01-1998, the "Narcotic Substances Act" (Suchtmittelgesetz, abbr. SMG) entered into force. It represents the continuation of the Austrian drug policy approach, in particular, perceiving the principle of therapy instead of punishment. Therefore, it foresees severe sanctions for the act of sale or trafficking in narcotic drugs, now applied also to psychotropic substances and to precursors.

The craze materials are specified in 5 lists, additionally 1 list for psychotropic substances and 2 lists for precursors. According article 28 (SMG) the term "large quantity" is introduced as distinction criterion between offenses and crimes. A decree adopted in 1997 introduced the so called "large quantity" with limits for each narcotic substance and each psychotropic material related to the pure substance, e.g. 20 g THC, 5 g heroin, 15 g cocaine.

Drugs Act of Swisse Drugs Act of Swisse (BetmG)

Federal drug act of 1951 over drugs and the psychotropic materials. Since 2001, works on amending this law are in progress. Anchorage of the 4 column strategy is planned: prevention, therapy, damage reduction and repression. The heroin-supported treatment is to be taken up to the catalog of the therapeutic measures. The protection of children and young people is to be improved and the cantons are generally obligated to offers prevention and therapy.

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