You Are Not Required to Assist Authorities in Investigations

Recent Changes to Article 230 of the Russian Criminal Code

Amendments to Article 230 of the Russian Criminal Code have come into effect. We consulted a lawyer with experience defending cases related to “narcotics” articles to understand what these changes mean for users of related online resources.

How Will the Changes Affect Russian Growers?

First of all, these changes do not fundamentally alter the situation or make things significantly stricter. What do they involve? Part 2 of Article 230 now includes a clause about inducement using the Internet, and a new Part 4 introduces liability if such actions inadvertently result in the death of two or more people. Naturally, everyone is concerned about the Internet aspect. However, even before this qualifier—”inducement via the Internet”—people were prosecuted if evidence of a crime was found online or elsewhere. So, in essence, nothing has really changed. The penalties under the article also remain the same.

What Is the Difference Between Inducement and Propaganda?

The term “inducement” refers to interactions between two individuals. It is a targeted crime, unlike advertising or propaganda, which are aimed at an indefinite group of people. Inducement is direct—when, during communication, one party tries to spark the other’s interest in using narcotics. There’s another important nuance: you cannot induce someone to use narcotics if they already do—one cannot be induced twice. So, if someone on a forum or other resource claims they have never used drugs and asks for advice, you should recognize these as potentially provocative questions. Regardless of their intent, you should establish your position in advance. In your disclaimer, state: we do not induce, persuade, or promote; we have nothing to do with narcotics at all.

There is another concept—”propaganda.” Lawyers are wary of this term because it is very broad and can be applied to almost any action. Its definition is found in the 1998 law (amended in 2015), which already includes the word “Internet” (so the recent changes are not entirely new). The law states: “Propaganda of narcotic drugs, psychotropic substances and their precursors, new potentially dangerous psychoactive substances, cultivation of plants containing narcotics, carried out by legal or physical persons and aimed at disseminating information about methods of development, production, and use of narcotic drugs, psychotropic substances and their precursors, new potentially dangerous psychoactive substances, places of acquisition, methods and places of cultivation of plants containing narcotics, as well as the production and distribution of printed materials, media products, and dissemination of such information via information and telecommunication networks or other actions for these purposes is prohibited.”

Thus, propaganda is the dissemination of information. Unfortunately, even expressing your opinion about certain plants can be interpreted as propaganda. Court practice on this issue is inconsistent.

Is Buying Plant Seeds Illegal?

No, it is not. Seeds are neither a narcotic nor a precursor and do not contain substances that cause euphoria. They are not prohibited.

Is There a List of Banned Narcotic Substances?

Yes, they are listed in the Decree of the Government of the Russian Federation dated June 30, 1998 No. 681 “On the Approval of the List of Narcotic Drugs, Psychotropic Substances and Their Precursors Subject to Control in the Russian Federation.” This list is periodically updated and supplemented.

What Should You Do If You Get Into Trouble?

You are not required to assist authorities in their investigation or admit guilt. Any confession made during an interrogation with a lawyer present will be considered evidence of your guilt, even if you later retract it.

Can You Record Police Officers During a Search or Detention in Public?

Absolutely, and you should. Police actions are public according to Article 8 of the Law “On Police.” Additionally, the Constitution guarantees citizens the right to seek and receive information. Together, these rights allow you to record public actions of police officers. However, there are nuances: “Oh, you have a phone? We’re confiscating it.” But officers must identify themselves, show their badge and ID—you have the right to record all this information. You should ask on what grounds the search or detention is being conducted. Demand an explanation of your rights—you automatically have the right to a lawyer. You should already know whom you will call; you have the right to make a phone call. Call your lawyer or have your relatives call one. At the moment of detention, no one can legally require you to unlock your phone or grant access to it—such a demand is unlawful. Refuse police requests to show what’s in your bag or to take things out; do not touch anything, as these demands are illegal. When you are brought to the police station, a detention report must be drawn up. What are the grounds for detention? If it’s an administrative offense, both an administrative offense report and a detention report must be completed—two separate documents where you have the right to note any complaints: if you were not informed of your right to defense, if you were required to do something, if your bag was opened without witnesses, and you don’t know what could have been planted. Be sure to note all this in the report; if there is blank space left, cross it out.

What If You Are Subjected to Physical or Psychological Pressure?

Such actions are illegal. Try to document everything possible in the report and do not be afraid to do so. For example, state if you feel unwell—heart, blood pressure—and insist on calling an ambulance. When the ambulance arrives, they will record your condition, including the fact that you were brought to the station in normal condition. If you later leave the station with bruises, questions will arise.