Possession of drugs for personal use

Legal defence in cases involving possession of drugs for personal use

The offence of possession of drugs for personal use (governed by Article 4 of Law No. 143/2000) is among the most sensitive criminal allegations, covering cultivation, production, purchase or possession of prohibited substances intended solely for personal use. The severity of criminal treatment depends on classification: for risk drugs such as cannabis, the penalty is imprisonment from 3 months to 2 years or a fine; for high-risk drugs such as heroin, cocaine or MDMA, it increases to 6 months–3 years’ imprisonment. Involving a criminal defence lawyer from the earliest investigative stages is crucial, because the distinction between personal possession and the much more serious allegation of drug trafficking under Article 2 often depends on fine factual details such as quantity, packaging or weighing equipment.

Assessment of the user, waiver of prosecution and defence strategies

We examine personal-use purpose, the substance and evidence without deciding solely from quantity or packaging. Article 19 allows the prosecutor to order an assessment where necessary and the user is not already voluntarily receiving services; assessment is mandatory for children. Entry into a programme respects the consent and written agreement required by law.
Article 20 provides a special regime for waiver or deferral under the protocol’s conditions, even where the general conditions of Articles 80 and 83 are not met. A lawyer examines this procedure, waiver of prosecution under Article 318 of the Code of Criminal Procedure and evidential lawfulness, without promising an outcome merely for cooperation.

Urgent legal assistance in Romania

Being found with prohibited substances by police or gendarmes can create immense psychological pressure and quickly escalate into a DIICOT criminal case, with possible consequences for reputation and professional prospects. Basuc Cosmin Law Office provides comprehensive, immediate legal assistance whether you are summoned as a suspect or are a defendant. We actively assist during interviews before criminal investigators in Romania, guide you through dealings with drug specialists and deliver a rigorous defence before competent tribunals, seeking alternative leniency measures and protection of your fundamental rights.