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Amount larger than small and extent of criminal offence

An important issue relevant particularly for determining whether the criminal offence of unauthorised possession of a narcotic or psychotropic substance for own use was committed within the meaning of Section 284 of the Criminal Code (but also for some other drug-related offences) will be to specify the thresholds of “amount larger than small”. The opinion of the Criminal Division of the Supreme Court, ref. no. Tpjn 301/2013, issued in 2014, sets out in the Annex guideline values indicating the “amount larger than small” of narcotic substances and preparations. Some of the values are summarized in the table below:

 

Type of substance
(generally established term, "type of drug")

Amount larger than small

The smallest amount of an effectiive psychotropic substance that has to be contained in a substance marked as a drug for the examined amount of the drug to be considered larger than small

Meth

more than 1,5 g

0,5 g

0,6 g (hydrochloride)

Heroin

more than 1,5 g

0,2g

Cocaine

more than 1 g

0,22 g (hydrochloride)

Amphetamine (benzedrine)

Dexamphetamine (dexedrine)

more than 2 g

0,73 g

1,0 g (sulphate)

Ecstasy

 

  • MDMA

 

  • MDA

 

  • MDEA

 

 

more than 4 pills / capsules or more than 0,4 g of powder or crystal substance

more than 4 pills / capsules or more than 0,4 g of powder or crystal substance

more than 4 pills / capsules or more than 0,4 g of powder or crystal substance

 

 

0,34 g

0,40 g (hydrochloride)

0,33 g

0,40 g (hydrochloride)

0,34 g

0,40 g (hydrochloride)

LSD (LSD-25,

(+)Lysergide)

5 papers, pills, gelatin capsules or "crystals" impregnated by the effective substance

0,000134 g

0,000250 g (tartrate)

Marihuana

more than 10 g of dry matter

0,010 g

1 g

Hashis

more than 5 g

1 g

Magic mushrooms and other fungi containing psilocin and / or psilocybin

  • fruiting body

 

 

 

  • mycelium

 

 

 

More than 40 fruiting bodies of fungi

 

 

More than 40 g of agar (or other substrate) with mycelium

 

 

 

0,05 g of base (psilocin) or a corresponding quantity of psilocybin (phosphate ester of psilocin)

 

0,05 g of base (psilocin) or a corresponding quantity of psilocybin (phosphate ester of psilocin)

 

You can find the other values in table here.

The values are approximate since, according to the Supreme Court, when judging a particular case it should always be taken into account as a supporting aspect whether the offender is a first-time drug user or a drug user in an advanced stage of addiction, and possibly other factors influencing the level of risk to life of health of the user. In each case it will be necessary to consider how far gone the drug user is and what his/her consumption is  - for this purpose it may be necessary to have an expert opinion.

Furthermore, especially in “qualified facts” of some drug-related criminal offences for which a greater punishment may be inflicted, we meet terms such as “in a larger extent“, “in a considerable extent” or “in a large extent”. Definitions of these terms for drug-related offences are contained in the decision of the Supreme Court, file ref. 15 Tdo 1003/2012, issued in 2013, which sets out that the basis is a certain multiple of the narcotic or psychotropic substance amount that it had previously defined as an ”amount larger than small” (see the Table); namely the “larger extent” is ten times the amount larger than small, the “considerable extent” is ten times thus determined larger extent, and the “large extent” is ten times thus determined considerable extent. However, the terms “larger benefit”, “considerable benefit”, “large benefit” are defined in Section 138 of the Criminal Code, which sets out that a “larger benefit” means a benefit amounting to at least CZK 50,000, a “considerable benefit” means a benefit amounting to at least CZK 500,000 and a “large benefit” means a benefit amounting to at least CZK 5,0000,000.

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