Threshold quantities for drug offences
Introduction
Page last updated: 21 August 2015.
This Topic overview aims to summarise the information and simplify comparison between quantity limits for possession and supply offences involving the four most common drugs. Separate tables are given: quantities established for personal possession offences and quantities established for supply offences. Where available, weights are given as Total Weight (TW) or Active Principle (AP), thus the latter will be adjusted for purity or potency.
Regarding EU legislation, Article 4 of the Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking requires that maximum penalties for trafficking etc should be more than a defined minimum 'if the offence involves large quantities of drugs'.
The offences listed in the 'Threshold between:' row are not precise, but are indicative standardised terms to aid comparability in the table. These standardised terms may be based on the wording of the offences, or the variation in penalty. There can still be a considerable difference between two countries' offences or penalties that are described using the same terms. Details of each country's exact definition can be found in Penalties at a glance, and in answers to its question “Penalty varies by quantity?”.
In some countries, quantities are mentioned in the law as small or large, but no quantitative limits have been set out in legislation or police/prosecutor guidelines; these are interpreted by expert opinion and/or judicial precedent.
The two tables illustrate a number of points:
- Quantities may be established at different legal levels; in laws, in ministerial decrees, in prosecutor guidelines or sentencing guidelines.
- Some countries draw up extensive lists of substances, others will only apply a defined quantity limit to a few substances.
- Different countries opt for different quantities for similar offences; eg criminal prosecution for possession of cannabis resin will start with 0.25g in Lithuania but with 6g in many German Laender.
- Drugs are treated quite differently within each country. For a given offence, the established weight threshold of cannabis herb may be equal to that of resin (Belgium), or twenty times more (Lithuania). The weight threshold for cannabis may be three times (Cyprus) or ten times (Netherlands) that of heroin. The weight threshold of cocaine may be equal to that of heroin (eg Norway), or ten times heavier (eg Lithuania).
Threshold quantities for personal possession offences
| Definition of quantity in law / guidelines | Threshold between: | Drugs listed and/or general rule? | Cannabis | Ecstasy | Heroin | Cocaine | |
|---|---|---|---|---|---|---|---|
| Belgium | Col.2/2005 Joint directive of the Minister of Justice and the College of General Prosecutors on the registration and prosecution of cannabis possession offences. | Non-criminal offence / Crime of personal possession | Limited list | Resin or herbal 3g (TW), or 1 plant | n/a | n/a | n/a |
| Czechia | Misdemeanour Act. s. 30/1/j / Act No. 40/2009 Coll, Penal Code s. 284 + Opinion of Supreme Court 15 Tdo 1003/2013 | Non-criminal offence /crime of personal possession | Limited list | Resin 5 g TW, herbal 10g TW OR Resin more than 5g TW with less than 1g THC, herbal more than 10g with less than 1g THC | Ecstasy (MDMA, MDA, MDEA): 4 tablets or 0,4g powdery or crystalline substance (TW) OR more then 4 tablets or 0,4g powdery or crystalline substance (TW) with less than 0,34g AP (MDMA/MDEA) or 0,33 g AP (MDA) or 0,40 g hydrochloride of AP | 1,5 g (TW) OR more than 1,5g TW with less than 0,2g AP or 0,22g hydrochloride of AP | 1 g (TW) OR more than 1g TW with less than 0,2g AP or 0,22g hydrochloride of AP |
| Germany | Narcotics Act (BtMG) section 29 subs. 5 (Criminal offences), section 31(a) (Refraining from prosecution); different Laender guidelines; judicial practice | No action / criminal offence (crime of personal possession) | Limited list | Limits vary from 6g (or 3 doses at 2g) -15g; 14 Laender have set limit at 6g (TW) | 1 Land has set a limit in its guidelines (3g), others: judicial practice | 2 Laender have set a limit (1g), others: judicial practice | 1 Land has set a limit at 1g, 1 Land at 3g, others: judicial practice |
| Estonia | Narcotic Drugs and Psychotropic Substances Act, s.15.1 | Non-criminal offence / crime of supply | General rule - ten times a single dose of an average drug user | Based on judicial practice / expert opinions | Based on judicial practice / expert opinions | Based on judicial practice / expert opinions | Based on judicial practice / expert opinions |
| Spain | Art.25-28 on the Law 1/1992 on the protection of public safety. Judicial precedents set the maximum for this as quantities for five days of consumption. Daily consumption quantity was established by the Spanish Instituto Nacional de Toxicologia on 31/01/2004 and published by Intelligence Centre of Organised Crime (CICO) | Non-criminal offence / Crime of personal possession | Limited list - 5 days of consumption | Resin 25 g. herbal 100 g. | 2.4 g | 3 g. | 7.5 g. |
| Italy | DPR309/90 Art 72-75; Ministry of Health Decree of 11 April 2006 | Non-criminal offence / crime of personal possession | Extensive list | THC 1g (AP) | 0.75g | 0.25g | 0.75g |
| Cyprus | Misuse of Drugs Act 1977, s.30A | Diversion to health measure / crime of personal possession | Limited list. For other drugs - less than 20g | Resin or herbal 30g; 3 plants | 20g | 10g | 10g |
| Lithuania 1 | Code of Administrative Offences Art. 44; Penal Code, Arts.259; Order No V-314 of the Minister of Healthcare of April 23, 2003 Nr.V-239 | Non-criminal offence / crime of personal possession | Extensive list | Resin 0.25g; herbal 5g; THC 0.5g | 0.2g | 0.02g | 0.2g |
| Lithuania 2 | Code of Administrative Offences Art. 44; Penal Code, Arts.259; Order No V-314 of the Minister of Healthcare of April 23, 2003 Nr.V-239 | Crime of personal possession / supply | Extensive list | Resin 125g; herbal 2500g; THC 25g | 100g | 10g | 100g |
| Hungary | Act 4 of 1978 (Penal Code) s.283(1) and Act 5 of 1979 (Explanatory regulation for the Penal Code) s.23(1) | Alternative to criminal procedure / crime of personal possession | Extensive list | 1g THC (AP) | 1g MDA,MDMA,1-PEA, N-metil-1-PEA (AP) or 0.5g amphetamine (AP) | 0.6g (AP) | 2g (AP) |
| Netherlands 1 | Opium Act Directive | No action / prosecution for personal possession | Limited list | Resin 5g; 5 plants | One tablet/ ampoule/ ball or 0.5g | One tablet/ ampoule/ ball or 0.5g | One tablet/ ampoule/ ball or 0.5g |
| Netherlands 2 | Crime of personal possession / supply | Only cannabis | Resin 30g | n/a | n/a | n/a | n/a |
| Austria | SMG, s.28b; Narcotics Limits Decree BGBl. II Nr. 377/1997, as amended | Crime of personal possession / supply | Extensive list | THC 20g | 30g | 3g | 15g |
| Poland | Act on Countering Drug Addiction Art.62(2) | Crime of personal possession / aggravated possession | General rule - substantial quantity | Judicial practice | Judicial practice | Judicial practice | Judicial practice |
| Portugal | Law 30/2000 Art 2(2) (Lei 30/2000 Art 2(2) de 29 de Novembro) Administrative Rule 94/96 of the 26 of March (Portaria 94/96 de 26 de Março) | Non-criminal offence / supply | Limited list. General rule - 10 days' average consumption | Resin 5g; herbal 25g; THC 5g, Oil 2.5g | 1g | 1g | 2g |
| Slovenia | Law on Production of and Trade in Illicit Drugs (1999) (Article 33) | Minor non-criminal offence / Non-criminal offence | General rule - possessing a smaller quantity of illicit drugs for one-off personal use. | Judicial practice | Judicial practice | Judicial practice | Judicial practice |
| Slovakia 1 | Criminal Code s171, s135 | Crime of personal possession / aggravated possession | General rule - up to 3 doses | Case-by-case expert evaluation | Case-by-case expert evaluation | Case-by-case expert evaluation | Case-by-case expert evaluation |
| Slovakia 2 | Criminal Code s171, s135 | Crime of aggravated possession / crime of supply | General rule - up to 10 doses | Case-by-case expert evaluation | Case-by-case expert evaluation | Case-by-case expert evaluation | Case-by-case expert evaluation |
| Finland | Penal Code Chapter 50:2a; Directions of Office of Prosecutor-General VKS:2006:1 | Crime of user-offence / crime of narcotics offence | Extensive list | Resin 10g, herbal 15g | 10 tablets | 1g TW | 1.5g TW |
| Norway | Act relating to medicines; General Civil Penal Code s.162; Circular 1/1998 from Director General of Public Prosecutions | Crime of user-offence / crime of narcotics offence | Limited list. General rule - 1-2 user doses | 10 - 15 g | 5 tablets | 0,5 g | 0,5 g |
Threshold quantities for supply offences
| Definition of quantity in law / guidelines | Threshold between: | Drugs listed and/or general rule? | Cannabis | Ecstasy | Heroin | Cocaine | |
|---|---|---|---|---|---|---|---|
| Czechia | Act No. 40/2009 Coll, Penal Code s. 283 + Opinion of Supreme Court 15 Tdo 1003/2013 | Supply / aggravated supply | Limited list | 10x (s.283/1, 2d), 100x (s.283/1, 2c), 1000x (s.283/1, 3c) quantities "larger than small", above | 10x (s.283/1, 2d), 100x (s.283/1, 2c), 1000x (s.283/1, 3c) quantities "larger than small", above | 10x (s.283/1, 2d), 100x (s.283/1, 2c), 1000x (s.283/1, 3c) quantities "larger than small", above | 10x (s.283/1, 2d), 100x (s.283/1, 2c), 1000x (s.283/1, 3c) quantities "larger than small", above |
| Germany | Narcotics Act (BtMG) section 29(a), 30(a) (Criminal offences) | Supply / aggravated supply | General rule - "quantities which are not small" | Judicial practice | Judicial practice | Judicial practice | Judicial practice |
| Estonia | Penal Code s.184 | Supply / aggravated supply | General rule - "large quantities" | ||||
| Ireland | Misuse of Drugs Act 1977, s.15a | Supply / aggravated supply | General rule - value over 13 000 euros | ||||
| Spain | Agravated supply is set out in Penal Code Art.369; Judicial precedents set this as over 500 days of consumption. Daily consumption quantity was established by the Spanish Instituto Nacional de Toxicologia on 31/01/2004 | Supply / aggravated supply | Limited list | Resin 2.5kg herbal 10 kg | 240g | 300g | 750g |
| Lithuania 1 | Penal Code, Art.260; Order No V-314 of the Minister of Healthcare of April 23, 2003 Nr.V-239 | Supply / aggravated supply | Extensive list | Resin 25g; herbal 500g; THC 5g | 20g | 2g | 20g |
| Lithuania 2 | Penal Code, Art.260; Order No V-314 of the Minister of Healthcare of April 23, 2003 Nr.V-239 | Different levels of aggravated supply | Extensive list | Resin 125g; herbal 2.5kg; THC 25g | 100g | 10g | 100g |
| Hungary 1 | Penal Code ss.282(2), 282/A(3), s.282/B(3), 282/C(4) and Act 5 of 1979 (Explanatory regulation for the Penal Code) s.23(3) | Supply / aggravated supply | General rule (more than 20 times the small amount) | 20g THC (AP) | 20g MDA,MDMA,1-PEA, N-metil-1-PEA (AP) or 10g amphetamine (AP) | 12g (AP) | 40g (AP) |
| Hungary 2 | Penal Code ss.282(5), 282/A(6), s.282/B(7), 282/C(5) and Act 5 of 1979 (Explanatory regulation for the Penal Code) s.23(1) | Minor supply / supply | Extensive list | 1g THC (AP) | 1g MDA,MDMA,1-PEA, N-metil-1-PEA (AP) or 0.5g amphetamine (AP) | 0.6g (AP) | 2g (AP) |
| Netherlands | Opium Act Directive | Supply / aggravated supply | cannabis, or 500 units of soft drug | Resin 500g; 200 plants | n/a | n/a | n/a |
| Austria 1 | SMG s.28a(2)(3), s.28a(4)(3); Narcotics Limits Decree BGBl. II Nr. 377/1997, as amended | Supply / aggravated supply | 15x threshold quantity | 300g THC | 450g | 45g | 225g |
| Austria 2 | SMG s.28a(2)(3), s.28a(4)(3); Narcotics Limits Decree BGBl. II Nr. 377/1997, as amended | Different levels of aggravated supply | 25x threshold quantity | 375g THC | 750g | 75g | 375g |
| Poland | Act on Countering Drug Addiction Arts. 53(2), 55(3) and 56(3) | Supply / aggravated supply | General rule - substantial quantity | Judicial practice | Judicial practice | Judicial practice | Judicial practice |
| Portugal | Decree-Law 15/93, Art.25 | Minor supply / supply | Of minor gravity, considering the quantity | ||||
| Slovakia 1 | Criminal Code s172(2) | Supply / aggravated supply | On a larger scale (with a street value of over 10 times the "baseline" amount of 8000 Skk/ approx €266) | On a larger scale (with a street value of over 10 times the "baseline" amount of 8000 Skk/ approx €266) | On a larger scale (with a street value of over 10 times the "baseline" amount of 8000 Skk/ approx €266) | On a larger scale (with a street value of over 10 times the "baseline" amount of 8000 Skk/ approx €266) | On a larger scale (with a street value of over 10 times the "baseline" amount of 8000 Skk/ approx €266) |
| Slovakia 2 | Criminal Code s172(3) | Different levels of aggravated supply | On a considerable scale (with a street value of over 100 times the "baseline" amount) | On a considerable scale (with a street value of over 100 times the "baseline" amount) | On a considerable scale (with a street value of over 100 times the "baseline" amount) | On a considerable scale (with a street value of over 100 times the "baseline" amount) | On a considerable scale (with a street value of over 100 times the "baseline" amount) |
| Slovakia 3 | Criminal Code s172(4) | Different levels of aggravated supply | On a large scale (with a street value of over 500 times the "baseline" amount) | On a large scale (with a street value of over 500 times the "baseline" amount) | On a large scale (with a street value of over 500 times the "baseline" amount) | On a large scale (with a street value of over 500 times the "baseline" amount) | On a large scale (with a street value of over 500 times the "baseline" amount) |
| Finland | Penal Code Chapter 50:1 and 50:2; Sentencing guidelines 2006 | Supply / aggravated supply | Extensive list | Resin 1 kg | 300 tablets | 15 g TW | 30 g TW |