Regardless of whether you are an occasional marijuana user or you participated in an organized group trafficking or producing a significant amount of hard drugs – we will definitely help you. In practice, we have served clients and cases in which the amount of drugs can be counted in tons. Contact us and find out how we will use the acquired knowledge and experience in your case!
Drug-related crimes – from one joint to organized criminal groups.
Have you committed a drug-related crime and you don’t know what awaits you? Were you caught with the proverbial joint, or maybe you were involved in dealing a significant amount of drugs? If you use the help of a good lawyer, you will give yourself a chance to mitigate or exclude criminal liability. Don’t waste it!
What are your benefits?
Care
We will accompany you from the first moments of arrest until the end of the trial in court.
Certainty
We will use every opportunity to exclude or mitigate your responsibility for a drug crime.
Peace
We will prepare you for every eventuality and help you avoid the worst.
Let us help you and learn about the efficient and effective work of lawyers who specialize in the most difficult cases related to drug crimes!
Drug? Designer drug? What is it exactly?
Pursuant to the provisions of relevant acts, the subject of criminal liability are:
Psychotropic substances
Narcotic drugs
New psychoactive substances (designer drugs)
They are understood as any substance or groups of substances of natural or synthetic origin that affect the human central nervous system. They occur in pure form or mixed with other legal or illegal substances.
Drug crimes – from possession to production and trafficking.
Drug crimes are a spectrum of prohibited acts that involve prohibited substances.
01
Possession of drugs
Possession of drugs is any ownership, i.e., disposal of them, as well as any use related to their use or the intention to use them. It is assumed that possession constituting a crime is the possession of at least an amount of a drug that is theoretically capable of intoxicating one person.
02
Punishment for possession of narcotic drugs or psychotropic substances
Depending on the amount and type of drug in possession, a person who possesses narcotic drugs or psychotropic substances may be subject to a penalty ranging from a fine to 10 years in prison.
03
Punishment for possession of drugs for personal use
In the event of possession of narcotic drugs or psychotropic substances in insignificant amounts intended for personal use, criminal proceedings may be discontinued, which results in the lack of any criminal sanction. In other words – no problem!
04
Punishment for possession of new psychoactive substances
If, contrary to the provisions of the Act, you possess new psychoactive substances (i.e. so-called designer drugs), the only sanction is a fine. However, if the amounts are significant, you will be subject to a fine, restriction of liberty or imprisonment for up to three years. If you are found in possession of a small amount of such a drug, the proceedings may be discontinued under the same principles as in the case of narcotic drugs or psychotropic substances.
05
Additional sanctions for drug possession
Thus, in the event of a conviction for this type of crime, aside from the aforementioned penalties, the forfeiture of the narcotic drug, psychotropic substance or new psychoactive substance is additionally ordered. This happens even if they were not the property of the perpetrator.
Additionally, in the event of a conviction for certain drug offenses, the court may order the obligation to pay a fine of up to PLN 50,000 or a punitive measure in the form of a cash benefit to the Victims’ Assistance Fund and Post-penitentiary Assistance. Its amount will be at least PLN 1,000 and may reach up to PLN 60,000.
Crime of drug production
Drug production may involve three groups of activities, i.e.:
- production,
- processing,
- working-up.
A specific variety of drug production is the illegal cultivation of poppy, hemp and coca bushes. The cultivation of these plants is a complete set of procedures in plant production, including sowing, planting and their care until harvesting. This cultivation includes any such activity, regardless of its area.
Penalties for drug production
A person who, contrary to the provisions of the Act, produces, processes or works up narcotic drugs or psychotropic substances or processes poppy straw, shall be subject to the penalty of imprisonment for up to three years. If you commit those acts in relation to new psychoactive substances, you will be subject to a fine, restriction of liberty or imprisonment up to three years. If the act involved the production of a significant amount of drugs or was committed in order to obtain financial or personal gain, then the penalty is a fine combined with imprisonment of three to twenty years.
What is the crime of drug provision?
Distribution is the so-called dealing – supplying drugs to the final recipient (consumer). The crime of distributing drugs may consist in:
- providing another person with a narcotic drug, a psychotropic substance or a new psychoactive substance,
- facilitating or enabling their use, or
- inducing the use of such an agent or substance.
If you would like more information regarding drug crimes, please contact us and we will be happy to answer you.
For the occurrence of the discussed crime, it does not matter whether the person who was given the drug actually uses it, or whether such a situation results in endangering his/her life or health. It takes place when the recipient has the opportunity to take possession of the product or substance.
Punishment of the crime of drug provision
Providing drugs is punishable by imprisonment of up to three years. If the drug was given to a minor, the penalty is more severe and ranges from 6 months to 8 years.
Drug trading
Drug trading, i.e. placing on the market, consists in making narcotic drugs, psychotropic substances, precursors, substitutes or new psychoactive substances available to third parties for further resale. This crime is committed by the so-called drug wholesalers.
Mere participation in drug trade is also punishable. It consists in their acceptance for payment or free of charge by a person who is not a consumer for the purpose of later transferring them to another person, and the buyer is also not a consumer in such a case.
Punishment of placing drugs on the market
You may be subject to a fine and imprisonment from 6 months to 8 years for introducing drugs into circulation or participating in such an operation. In a case of lesser gravity, you will be subject to a fine, restriction of liberty or imprisonment for up to one year. If the subject of the act is a significant amount of “stuff”, the perpetrator is subject to a fine and imprisonment from 2 to 12 years.
You must also know that you may be liable not only for committing such a prohibited act, but also for making preparations to commit it.
What is the crime of drug trafficking?
Drug trafficking may consist in:
- import,
- export,
- transport,
- intra-Community purchase, or
- intra-Community delivery
of narcotic drugs, psychotropic substances, new psychoactive substances and poppy straw.
Penalties for drug trafficking
Drug trafficking is punishable by a fine and imprisonment for up to 5 years. In a lesser gravity case, you will be subject to a fine, restriction of liberty or imprisonment for up to one year. If the subject of the act is a significant amount of “stuff” or the act was committed in order to obtain material or personal benefit, the perpetrator is subject to a fine and imprisonment from 3 to 20 years.
Preparations for trafficking are punishable in exactly the same way and to the same extent as in the case of drug trading described above.
Distribution, trading and trafficking drugs as part of an organized criminal group
Very often, drug crimes are committed as part of an organized criminal group. Such an act constitutes a separate crime provided for in the Penal Code.
An organized criminal group is a group of perpetrators that was organized to:
- committing similar types of crimes, i.e. on a continuous basis,
- committing several prohibited acts that result in the creation of a source of income ensuring specific profits for a certain period of time.
An organized criminal group should consist of at least three people united by a common goal, which is to constantly commit crimes. Its members bear responsibility for the sole affiliation to the group, regardless of the liability they face for committing drug-related crimes.
Have you committed a drug crime and you don’t know how to exclude or mitigate your liability in this respect? What will we do to help you?
01
We will determine your possibilities
At the first meeting we will indicate directions of action. We will analyze your legal and actual situation. We will explain all threats and opportunities and then propose the best line of defense.
02
Response to the indictment
We will prepare a response to the indictment on your behalf. We will present your view of the matter to the court and indicate valid reasons for it to take it into account.
03
Assistance with detention and pre-trial detention
If you are detained, we will make sure that it does not last longer than required by law. If you are temporarily detained, we will take immediate action to ensure that you are released as soon as possible.
04
Representation and defense in court
We will represent your interests in court. We will point out any mitigating circumstances or evidence of your innocence. If a penalty cannot be avoided, we will do everything to make it as least severe as possible.
01
We will determine your possibilities
At the first meeting we will indicate directions of action. We will analyze your legal and actual situation. We will explain all threats and opportunities and then propose the best line of defense.
02
Response to the indictment
We will prepare a response to the indictment on your behalf. We will present your view of the matter to the court and indicate valid reasons for it to take it into account.
03
Assistance with detention and pre-trial detention
If you are detained, we will make sure that it does not last longer than required by law. If you are temporarily detained, we will take immediate action to ensure that you are released as soon as possible.
04
Representation and defense in court
We will represent your interests in court. We will point out any mitigating circumstances or evidence of your innocence. If a penalty cannot be avoided, we will do everything to make it as least severe as possible.
Do you have a problem with committing a drug crime? Are you at risk of criminal liability for this? Does anything remain unclear? Contact us and find out what we will do to resolve your situation in the most beneficial way for you.
Office in the centre of Kielce
You are cordially invited to contact me and meet me in person to discuss the possibilities and optimal legal solutions.