Drug
offences
Drug
offences are set out in Sections 162 and 162a of the Penal
Code and Section 22 and 43 of the Medicinal Goods Act.
The drugs covered by these laws are listed in the Narcotics
Regulations issued by the Ministry of Social Affairs.
There are some 250 substances listed; salts and derivatives
of the listed substances are also categorized as narcotics.
An
ordinary drug offence pursuant to the Penal Code involves
the illegal manufacture, introduction, acquisition, storage
(as opposed to possession/ besittelse), or transfer of
narcotics, and is punished by a fine or imprisonment of
up to 2 years. Imprisonment for a serious drug offence
(grov narkotikaforbrytelse) can be imposed for a maximum
of 10 years.
Whether or not a drug offence is judged as serious (grov)
depends on the type of drug involved, its quantity and
the nature of the offence. If the quantity is "very
significant", imprisonment will be imposed for a
period of 3 to 15 years. In "particularly aggravating
circumstances" (soerdeles skjerpende omstendigheter),
an offender can be imprisoned for up to 21 years.
A
similar hierarchy of sanctions is provided for those who
receive or make a profit from a drug offence or who assist
other persons in receiving or making such a profit. A
drug offence under the Medicinal Goods Act is defined
as the illegal possession or use of narcotics, and the
purchasing of narcotics under false pretences.
Note that, prima facie, the laws make no distinction between
different kinds of narcotics; marihuana is treated the
same as heroin or cocaine. The above laws do not encompass
the use of drugs in sport.
|
CONTENT
