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Criminal Code

The Criminal Code primarily sets out what is meant by the term 'addictive substance' by defining properties of such substances - their adverse effect on the human psyche, control or cognitive abilities and social behaviour. As a rule, however, we will want to know whether a particular substance falls under the above term or not. The list of specific addictive substances is set out in the Government Regulation No. 463/2013 Coll., On the lists of addictive substances. The definition of the term 'addictive substance' is followed by the facts and definitions of individual crimes in the special section of the Criminal Code. Persons in an incapacitated state that they inflicted by the influence of addictive substances are forbidden from performing employment or other activity which could endanger human life or health or cause substantial damage to property (loss of more than CZK 500,000). It is forbidden to produce, import, export, transport, offer, provide, sell or otherwise obtain for another person or keep for another person narcotic or psychotropic substances without an authorisation. Two specific merits of a criminal offence relate to cannabis – it is forbidden to posses or grow it in an amount larger than small. This, however, applies only to cannabis for own use. The last criminal offence is 'spreading of drug addiction' – i.e. enticing another person to abuse addictive substances or otherwise encouraging abuse or spreading of addictive substances. Punishment for committing these criminal offences is diverse, ranging from fines to imprisonment of 18 years.

 

§ 130 - Addictive Substances

§ 274 - Threat under the Influence of Addictive Substances

§ 283 - Unauthorised Production and other Handling of Narcotic and Psychotropic Substances and Poisons

§ 284 - Possession of Narcotic and Psychotropic Substances and Poisons

§ 285 - Unauthorised Cultivation of Plants Containing Narcotic or Psychotropic Substance

§ 287 - Distribution of Drug Addiction

 

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