Pubdate: Fri, 14 May 2004
Source: Moscow Times, The (Russia)
Copyright: 2004 The Moscow Times
Contact:  http://www.moscowtimes.ru/
Details: http://www.mapinc.org/media/903
Author: Carl Schreck, Staff Writer
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

NO MORE JAIL TERMS FOR DRUG POSSESSION

Under a new law that came into effect this week, drug users can possess a 
greatly increased amount of an illegal substance -- for instance, 20 grams 
of marijuana or 1.5 grams of cocaine -- without the risk of being thrown in 
jail.

The law has been criticized by the Federal Anti-Drug Service, which says it 
hampers the battle against drugs, but praised by those who work to 
rehabilitate drug addicts, who predict more addicts will now seek help.

President Vladimir Putin signed an amendment to the Criminal Code in 
December stipulating that possession of no more than 10 times the amount of 
a "single dose" would now be considered an administrative infraction rather 
than a criminal offense. Punishment would be a fine of no more than 40,000 
rubles ($1,380) or community service.

It then took five months to hammer out what would be considered the single 
dose of various drugs.

Ten times the amount of a single dose, as set in the government resolution 
that came into effect Wednesday, is 20 grams of marijuana, 5 grams of 
hashish, mescaline or opium, 1.5 grams of cocaine, 1 gram of heroin or 
methamphetamine, and 0.003 grams of LSD.

Anyone caught in possession of these amounts or less cannot legally be 
detained, a spokeswoman for the Moscow branch of the Federal Anti-Drug 
Service said. Instead, a report will be filed and the fine will be 
determined by a court.

This is a major change. Under the old standards, someone caught with 0.1 
grams of marijuana, for instance, could be punished by incarceration.

Foreigners, even those with deep pockets, should still take the new law 
seriously, however. Yelena Zhigayeva, a lawyer at the Moscow law firm 
Haarmann Hemmelrath & Partner, said that by law foreigners who violate 
Russian drug laws, even if it is only an administrative infraction, can be 
expelled from the country or denied re-entry.

Alexander Mikhailov, deputy head of the Federal Anti-Drug Service, was 
indignant about the resolution.

"The heroin dose is normal for a chronic drug user, but for a regular 
person it's nonetheless a dose of potassium cyanide," Mikhailov was quoted 
as saying in Kommersant on Thursday. "We were categorically against it, but 
the Justice Ministry simply went crazy chasing its European standards.

"Now drug addicts have the right to run around with their pockets full of 
marijuana, and we can't even detain them."

A spokesman for the Federal Anti-Drug Service was more diplomatic. "It's 
the law, and we are required to abide by it and enforce it," he said by 
telephone.

The amounts for single doses were recommended by a group formed by the 
State Duma's Legislative Committee that included representatives from the 
Health, Justice and Interior ministries, the FSB and several NGOs.

Lev Levinson, head of New Drug Policy, an advocacy group for drug law 
reform, was the coordinator of the group. "This is a brave, humane law," 
Levinson said. "Now that police will stop persecuting users, they can start 
focusing on real threats like large-scale drug trafficking."

Vitaly Zhumagaliyev, head of the Moscow bureau of Harm Reduction, which 
works to rehabilitate drug addicts, said the new law will provide a boost 
to his organization's activities.
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MAP posted-by: Terry Liittschwager