Russia

Laws

Russia's drug laws for the 20 years prior to May 2004 focused on trafficking and supply rather than consumption. The federal law of 1998 (revised in June 2003) banned substitution and criminalized drug propaganda and activities that encouraged use of illegal drugs, a provision interpreted to apply to needle exchange. In 1999 possession of a quarter gram of heroin brought a five-year sentence and a risk of permanent health damage, including tuberculosis, from the prison environment. A hard line was instituted in 2002 when the government announced a three-year plan for cracking down on both users and sellers and establishing a total ban on illegal drug activity and tougher enforcement. Russian law allowed a three-year prison term for possession of a tenth of a gram of marijuana or getting caught taking a smoke. In 2002 Russia jailed over 70,000 people for drug offenses, and the jails in 2004 held between 200,000 and 300,000 men and women on drug charges.

2004 Reforms

President Vladimir Putin signed legislation decriminalizing possession of small amounts of drugs for personal use in 2004. The 2004 policy reduced penalties but did not legalize or promote tolerance in the Dutch way. Fines were still levied for minor possession, and prison terms for major trafficking. But the new law brought balance in differentiating among offenses. It was expected to reduce overcrowding and prison-related disease.

In 2004 Russia had 850,000 prisoners living in overcrowded facilities, second only to the United States in number and percentage imprisoned. Between 200,000 and 300,000 of the prisoners were held on drug charges. Reduction in penalties was expected to free many people, cutting the risk of exposure to HIV and tuberculosis in jail. The new law was also expected to reduce corruption that was associated with arrests of the poor and young, including the planting of drugs and other rigging of cases. The 2004 change reduced the punitive approach in cases involving minors, women, and “persons guilty of insignificant public offenses.” The reform in the criminal code in 2004 added protection for those facing charges, but that was not its motivation. The reforms were expected to decrease the prison population by 150,000 in a year.

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