Lithuania: Parliament approves decriminalization of small quantities of drugs

On October 14, the Lithuanian Parliament approved legal amendments aimed at decriminalizing the possession of small amounts of drugs without intent to distribute, reclassifying it as an administrative offense under the Code of Administrative Offenses rather than under the Criminal Code.

In Lithuania, the illegal possession of a small amount of drugs or psychotropic substances without the intent to distribute them is punishable by community service, restriction of liberty, a fine, or arrest. According to Morgana Danielė, a member of the Freedom parliamentary group and author of the amendments aimed at decriminalizing drugs, the penalty provided for in the Criminal Code is disproportionate, and criminal liability does not serve as a deterrent to drug use.

To that end, it proposes to reduce penalties for such acts and to encourage people with addictions to seek professional treatment. Parliamentary discussions on this new bill have, however, revealed that lawmakers are divided: some argue that decriminalization is necessary, while others fear that it would essentially legalize drug use.

The Medical cannabis is already legal in Lithuania, all such as CBD products.

Revision of legal texts

The Ministry of Health of the Republic of Lithuania determines what constitutes small, large, and very large quantities of narcotic and psychotropic substances for the purposes of the Criminal Code. Currently, what is considered «small» varies depending on the psychoactive substance. For example, it is up to 5g for cannabis, up to 0.2g for cocaine, and up to 0.02g for heroin.

The amendments would repeal the provision of the Criminal Code under which the production, processing, acquisition, possession, transportation, or shipment of small quantities of narcotics or psychotropic substances constitutes a criminal offense punishable by community service, a fine, or imprisonment. This provision would be moved to the Code of Administrative Offenses and would be punishable by fines ranging from 50 to 350 euros (300 to 500 euros in the case of a repeat offense).

The Code of Administrative Offenses provides that the use of drugs without a medical prescription is punishable by a fine of between 50 and 250 euros (200 to 350 euros in the case of a repeat offense). Repeat offenses may also result in the requirement to participate in preventive, treatment, or other behavioral correction programs. At the same time, possession of larger quantities of drugs without the intent to distribute remains a crime punishable by up to two years in prison.