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Possession for own use

To show characteristics of possession of narcotic or psychotropic substances and poisons for own use as referred to in Section 284 para 1 and 2 of the Criminal Code, according to the opinion of the Criminal Division of the Supreme Court, ref. no. Tpjn 301/2013, issued in 2014,“it will suffice to formally possess for oneself in any way a narcotic or psychotropic substance or poison without an authorisation, even if the offender does not have such substance or poison directly on him/her. Possession ´for own use´ means possessing such substance for personal use, i.e. exclusively for the offender himself/herself and nobody else. However, only on condition that the substance is possessed in an amount larger than a dose needed for the holder (according to the degree of their  addiction), as the drug user´s possession of just one dose before its use is not considered as possession (in the above meaning), but only as ´possession for the purpose of consumption´.

An offender possessing a narcotic substance of cannabis, cannabis resin, or any psychotropic substance containing tetrahydrocannabinol, isomer, or its stereochemical variant (THC) “in an amount larger than small” will be sentenced to imprisonment for up to one year, to prohibition of activity or to forfeiture of relevant assets. An offender possessing a narcotic or psychotropic substance other than referred to above or a poison will be sentenced to imprisonment for up to two years, to prohibition of activity or to forfeiture of relevant assets.

If an offender commits an act described above in a larger extent, he/she will be sentenced to imprisonment for six months to five years or to a pecuniary penalty. If he/she commits such act in a considerable extent, he/she will be sentenced to imprisonment for two to eight years.

What is meant by terms "amount larger than small" and "larger extent" or "considerable extent" you can find here.

However, it should be borne in mind that even the possession of a small amount of narcotic or psychotropic substance for own use is punishable under law – by unauthorised possession of a narcotic or psychotropic substance in a small amount for own use the offender commits an offence relating to protection from alcoholism and other addictions pursuant to Section 30 para 1j) of the Offences Act.

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