Variation of penalties for drug law offences by drug in the European Union, Norway and Türkiye
Description
The source data for this graphic is available in the source table on this page. Data was last updated in June 2022. This map was originally published in Cannabis legislation in Europe: an overview (2017) but has been updated regularly since.
| Country | Country code | Penalty varies by drug? | Notes |
|---|---|---|---|
| Belgium | BE | Only for personal possession offences | Penalty different for cannabis personal possession; Art.11, Law of 1921 |
| Bulgaria | BG | For both personal possession and supply offences | Penal Code Art 354a(1) and (3); risk and high-risk substances |
| Czechia | CZ | Only for personal possession offences | Penalty different for cannabis personal possession, quantity greater than small; Art. 284(1), Art. 285, Penal Code |
| Denmark | DK | Only for supply offences | S.191 Criminal Code; transfer of drugs punishable by up to 10 years, but if particularly dangerous substances, up to 16 years. |
| Germany | DE | For both personal possession and supply offences | Penalties for most drugs are under the Act to Regulate Trade in Narcotics ss29-30, but penalties for cannabis offences are under the Cannabis Law, ss34,36. |
| Estonia | EE | Does not vary | |
| Greece | EL | Does not vary | |
| Spain | ES | Only for supply offences | For personal use, penalty not linked to drug type; for trafficking, the penalties vary according to drug type (Art 368 Penal Code; higher penalty range if drugs are dangerous). |
| France | FR | Does not vary | |
| Ireland | IE | Only for personal possession offences | Penalty different for cannabis PPU; Art.27(1), Misuse of drugs act. |
| Italy | IT | For both personal possession and supply offences | From 2014: Penalty linked to drug type: DPR 309/90, Art 75(1), Art 73(1-bis)(b) |
| Cyprus | CY | For both personal possession and supply offences | Penalty linked to drug type (Class A,B,C). |
| Latvia | LV | Does not vary | Penalty not linked to drug type. |
| Lithuania | LT | Does not vary | Penalty not linked to drug type. |
| Luxembourg | LU | Only for personal possession offences | Penalty different for cannabis personal possession; Law 1973, Art 7 A.1 and B.1 |
| Hungary | HU | Does not vary | Penalty not linked to drug type. |
| Malta | MT | For both personal possession and supply offences | Penalties different for supply offences involving drugs in Part A and Part B of Third Schedule of MKPO; Art 120A(2)(a); [From 2015] Lower fine for cannabis personal possession: Drug Dependence (Treatment not Imprisonment) Act 2015 |
| Netherlands | NL | For both personal possession and supply offences | Penalty linked to drug type, Lists I and II |
| Austria | AT | Only for supply offences | Penalty for minor supply offence varies; up to 3 years for narcotic, up to 2 years for psychotropic; SMG Art 28(1), Art 30(1) |
| Poland | PL | Does not vary | Penalty not linked to drug type. |
| Portugal | PT | For both personal possession and supply offences | Penalty linked to drug type; for PPU in L30/2000 Art 16, for supply in DL15/93 Art 21(1) and (4) |
| Romania | RO | For both personal possession and supply offences | Law 143/2000 as amended; Art 4 (personal use), Art 2 (supply) |
| Slovenia | SI | Does not vary | Penalty not linked to drug type. |
| Slovakia | SK | For both personal possession and supply offences | Possession or supply of a drug from the cannabis plant has a lower max penalty than for other drugs |
| Finland | FI | Only for supply offences | Penalty can be aggravated if substance is a “very dangerous drug” (Ch.50) |
| Sweden | SE | Does not vary | Penalty not linked to drug type. |
| Croatia | HR | Does not vary | Penalty not linked to drug type. |
| Türkiye | TR | Only for supply offences | Penal Code Art 188(4); for some drugs, penalty increases by half. |
| Norway | NO | Only for supply offences | General Penal Code s162; penalty can be aggravated “according to what sort of substance is involved” |
