Russia to Prohibit Drug Possession Cases Without Proof of Distribution

The State Duma has passed, in its third reading, a bill that amends Articles 228.1 (illegal acquisition, possession, and transportation of drugs) and 228.4 (illegal production, sale, or shipment of drugs) of the Russian Criminal Code. The document has been published on the website of the lower house of parliament.

According to the amendments, cases under these articles cannot be initiated without information about the type, quantity, and name of the narcotic substances, as well as evidence of their transfer to other individuals.

The explanatory note to the bill states that these amendments are intended to protect citizens from being unjustifiably drawn into pre-investigation checks in criminal cases where there is insufficient information about drug distribution.

According to data cited in the document, in 2019, out of nearly 26,000 criminal cases initiated against unidentified drug dealers in Russia, only 23 reached the courts, and in three of those cases, the defendants were acquitted.

“The very fact of initiating criminal cases in such situations was usually appealed, caused a negative reaction among citizens involved in criminal proceedings, and drew criticism from civil society institutions,” the bill’s authors noted.

The decision to adopt these amendments to anti-drug laws was made after the high-profile case of journalist Ivan Golunov. He was accused of attempting to sell drugs on a large scale, although there was no evidence of any transfer of substances. It was later revealed that the drugs had been planted on him, the charges were dropped, and a criminal case for illegal drug trafficking was opened against the police officers involved in his arrest. Sentences have not yet been handed down, and the person who ordered the incident has not been identified.