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Article 328. Illicit traffic in narcotic drugs, psychotropic substances, their precursors and analogues

Section 1

Illegal production, processing, acquisition, possession, storage, transportation or transfer of narcotic drugs or their precursors and analogues for non-distribution purposes shall be punishable with restriction of liberty for a period of up to five years or imprisonment for a period of two to five years.

Section 2

Illegal production, processing, acquisition, possession, storage, transportation or transfer for distribution purposes or distribution of narcotic drugs or their precursors and analogues shall be punishable with imprisonment for a period of five to eight years, with or without asset forfeiture.

Section 3

Acts in section 2 of this article committed by a group of people, a public officer abusing official powers, or by a person previously convicted under the articles 327, 328, 329, 331 of the Criminal Code; acts involving large quantities of narcotic drugs or psychotropic substances or their precursors and analogues or acts involving highly dangerous substances; distribution of narcotic drugs or psychotropic substances or their precursors and analogues on the premises of educational, health, military, penitentiary, detention or custody facilities, labor therapy centers, or at mass events, or distribution of the above mentioned substances to a minor shall be punishable with imprisonment for a period of eight to fifteen years, with or without asset forfeiture.

Section 4

Acts in sections 2 and 3 of this article committed by an organized group, or associated with the production and processing of narcotic drugs, psychotropic substances or their precursors and analogues intended for chemical synthesis and with the use of laboratory equipment shall be punishable with imprisonment for a period of ten to twenty years, with or without asset forfeiture.

Section 5

Acts in sections 2-4 of this article that led to the death of a person from the use of narcotic and psychotropic substances or their analogues by negligence shall be punishable with imprisonment for a period of twenty to twenty-five years, with or without asset forfeiture.

Note

A person who voluntarily hands in narcotic and psychotropic substances, their precursors or analogues, and who actively contributes to the suppression of the crime associated with the illicit trafficking of these substances, to the incrimination of the persons who committed the crime, and to the disclosure of property obtained through illicit means, shall be exempted from criminal liability.