Buying blow Austria

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Buying blow Austria

Click here to read this post in Dutch. This post provides a brief overview of the Austrian laws on addictive substances, or in other words drugs. Information on Austrian criminal procedure in general can be found here. The Suchtmittelgesetz SMG. In Austria, the illegal use of drugs is primarily regulated in the Suchtmittelgesetz SMG , or the Austrian Act on addictive substances. As a general rule, the illegal use of drugs is a criminal offence and with few strictly regulated exemptions e. The use — or more specifically the handling of drugs — is possible in different ways. As an example, the law mentions the acquisition, possession and the production as well as the import and export of drugs. Drug production and dealing — especially if done in large amounts — are actively prosecuted and regularly severely punished. The offender faces a prison sentence of up to one year or a fine. The possible criminal penalty can be higher or lower depending on several factors:. If the drugs are exclusively intended for personal use , the maximum possible penalty is reduced to a six-month prison sentence or a fine;. Offering drugs on public transport or in public places can be punished with a prison sentence of up to two years;. If the handling of drugs the dealing is done commercially, i. An adult offering drugs to minors may face a prison sentence of up to three years;. If the handling or dealing is committed as part of a criminal organization, the offender also faces a prison sentence of up to three years;. Commercial dealing or as part of a criminal association however carry a prison sentence of up to one year if the offender is addicted to drugs and committed his acts in order to acquire drugs for personal use. If the drugs concerned are exclusively intended for personal use or if the offender is addicted, this can lead to a lower maximum sentence. The law speaks of drug dealing as soon as the amount of drugs handled exceeds a certain threshold amount the Grenzmenge. This amount is defined in a separate ordinance, the so-called Suchtgift-Grenzmengenverordnung. As an example, the threshold amount for THCA is 40 grams; for heroin this is 3 grams. The amount of drugs involved is as such, in a first step, important to determine whether an action constitutes drug dealing. An important consequence is that the offender will face higher possible penalties. If the threshold amount is exceeded by multiple times 15 or 25 times , this means he may face still higher penalties. Depending on different factors, the maximum penalty here can be between three and ten years in prison. For addicted offenders see above , the maximum penalties are slightly lower with one to five years in prison. Drug dealing. A person handling drugs in quantities exceeding the threshold amount see above may face a prison sentence of up to five years. Here, too, several factors can however lead to different, especially higher maximum penalties:. A small reduction for addicted offenders see above applies here: for them, the maximum possible sentences are three to five years in prison. A prison sentence of one up to 15 years is possible if a person has already been convicted for drug dealing once, now engages in drug dealing as a member of a criminal association, does so as part of a larger drug-related organization or if the amount involved is exceeds the threshold amount at least 25 times;. If someone engages in drug dealing as a part of a larger drug-related organization in a leading capacity, he may face a prison sentence of up to 10 or 20 years, or even a life sentence. Psychotropic substances. The SMG contains similar rules for the illegal handling and dealing of substances that it calls psychotropic substances. A general difference is that the penalties here are somewhat lower. Therapie statt Strafe — treatment instead of punishment. The prosecution of persons apprehended with small amounts of drugs may be provisionally terminated with a probationary period and the requirement to take part in therapy. Addicted offenders may — insofar as they are not facing a prison sentence of more than five years — also be eligible to undergo treatment under certain conditions. More severe drug offences however remain subject to substantial criminal punishment. International aspects of Austrian drug laws. Under certain conditions, persons can also be criminally prosecuted in Austria if they did not commit any criminal offence in Austria itself. This can for instance be the case where the offender imported drugs into Austria. More severe offences — i. A prosecution is then possible on basis of this assumption alone. Some practical advice: persons facing extradition proceedings would do well to contact an Austrian lawyer as soon as possible. Foreign courts and lawyers in these proceedings often have only rudimentary information about the case itself. An Austrian lawyer can offer useful support here. Legal guidance recommended. People facing criminal charges are urgently recommended to seek legal counsel as soon as possible. I offer my support and guidance in criminal procedures in Austria. Of course, I do so entirely in English. Feel free to contact me by using the form below, writing me at office vastenburg. General information on Austrian criminal procedure can be found here. Drug laws in Austria: the rules at a glance. Verfasst von Evert Vastenburg. Updated The possible criminal penalty can be higher or lower depending on several factors: If the drugs are exclusively intended for personal use , the maximum possible penalty is reduced to a six-month prison sentence or a fine; Offering drugs on public transport or in public places can be punished with a prison sentence of up to two years; If the handling of drugs the dealing is done commercially, i. A prison sentence of one up to 15 years is possible if a person has already been convicted for drug dealing once, now engages in drug dealing as a member of a criminal association, does so as part of a larger drug-related organization or if the amount involved is exceeds the threshold amount at least 25 times; If someone engages in drug dealing as a part of a larger drug-related organization in a leading capacity, he may face a prison sentence of up to 10 or 20 years, or even a life sentence. Psychotropic substances The SMG contains similar rules for the illegal handling and dealing of substances that it calls psychotropic substances. International aspects of Austrian drug laws Under certain conditions, persons can also be criminally prosecuted in Austria if they did not commit any criminal offence in Austria itself. Legal guidance recommended People facing criminal charges are urgently recommended to seek legal counsel as soon as possible. Send an inquiry.

Drug laws in Austria: the rules at a glance

Buying blow Austria

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Buying blow Austria