Drug Trafficking

Drug trafficking, narcotics or psychotropic substances is a crime against public health. There are several types of conduct that are punishable:

  • Cultivation of drugs, chemical substances or their processing.
  • Trafficking.
  • Promoting, favoring or facilitating consumption.
  • Possessing drugs for these purposes.

 

In other words, it is a very broad crime, because it covers many different conducts.

For example: it is not only drug trafficking to sell hashish to a friend, but also to give it as a gift, because it would fall under modality c) (“promoting, favoring or facilitating consumption”).

Another example: it is not only a crime to transport drugs from one place to another, but it is also a crime to have drugs in your house before transporting them.

The term “drugs” encompasses different types of substances: intoxicants, narcotic drugs and psychotropic substances.

What is important for practical purposes is to differentiate between a substance that “causes serious damage to health” and one that “does not cause serious damage to health”, because the penalty is different in these two categories:

  • Drugs that cause serious damage to health or “hard drugs”: e.g., morphine, heroin, cocaine, amphetamines, lysergic acid (LSD), and designer drugs such as ecstasy (MDMA).
  • Drugs that do not cause serious damage to health or “soft drugs”: for example, marijuana, hashish, tranxilium, trankimazin, codeisan and other opium-derived drugs.

 

Prison sentences can range from eighteen months to twelve years depending on the severity of the crime.