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+40 (744) 368 368office@bsa.roStr. Belgrad 10, Sector 1, 011804Buju, Stanciu & Asociații is a member of Interlegal and Legal Network International

Criminal law and business criminal law

By Buju, Stanciu & Asociații

Penalties for Drug Trafficking and Possession: Advice from a Lawyer

In Romania, drug trafficking is governed by Legea nr. 143/2000 privind prevenirea și combaterea traficului și consumului ilicit de droguri (Law no. 143/2000 on preventing and combating the illicit trafficking and use of drugs), amended and supplemented over time - most recently by the tightening of sentencing limits in 2023. The legal consequences are severe, and involvement in such a case - whether as a suspect, defendant or person under investigation - calls for a swift and well-documented response.

In this article we explain what drug trafficking means, what penalties Romanian criminal law provides for each type of offence and when the time has come to turn to a criminal lawyer for drug trafficking, in order to protect your rights and interests.

3–10 years

imprisonment for trafficking in risk drugs (Art. 2)

5–15 years

for high-risk drugs (increase in 2023)

7–20 years

imprisonment for international drug trafficking

Art. 14

exemption from punishment through disclosure, before criminal prosecution begins

What Legea nr. 143/2000 provides

Under the law, drug trafficking is a criminal offence and is defined as the production, manufacture, extraction, preparation, transformation, offering, putting up for sale, sale, distribution, delivery, dispatch, transport, purchase, possession with a view to sale or free provision, brokering in the giving or receiving of drugs or other psychoactive substances, as well as the cultivation of plants from which such drugs may be obtained.

The law draws an essential distinction between risk drugs and high-risk drugs - the classification directly determines the sentencing limits. It also treats trafficking operations differently from possession for personal use.

Penalties for drug trafficking

Romanian criminal law provides for different penalties depending on the type of offence and the category of drug:

  1. Art. 2 · Operations involving drugs

    RISK: 3–10 YEARSHIGH RISK: 5–15 YEARS

    Cultivating, producing, manufacturing, experimenting with, extracting, preparing, transforming, offering, putting up for sale, selling, distributing, delivering, transporting, procuring, purchasing, possessing or carrying out other operations concerning the circulation of drugs, without legal right - plus a ban on exercising certain rights.

  2. Art. 3 · Bringing into or taking out of the country (import/export)

    RISK: 5–15 YEARSHIGH RISK: 10–20 YEARS

    Bringing drugs into or taking them out of the country, as well as importing or exporting drugs, without legal right - plus a ban on exercising certain rights.

  3. Art. 4 · Possession for personal use

    RISK: 3 MONTHS–2 YEARS / FINEHIGH RISK: 6 MONTHS–3 YEARS

    Cultivating, producing, manufacturing, purchasing or possessing drugs for personal use, without legal right.

Attempts to commit the offences under Articles 2 and 3 and other provisions are punishable, and the law also treats as an attempt the procurement of the means or the taking of steps with a view to committing the offence (Art. 12). On the other hand, Art. 14 provides for an important ground of exemption from punishment: a person who, before criminal prosecution begins, discloses their own involvement to the authorities and helps to identify the other participants is not punished. This is precisely where an early legal strategy proves its worth.

Possession of drugs for personal use

Drug use is not criminalised under Romanian criminal law - but possession is an offence, so the user is indirectly punished by the mere fact of having come into possession. Possession of risk drugs is punishable by imprisonment from 3 months to 2 years or by a fine, and possession of high-risk drugs by imprisonment from 6 months to 3 years.

International drug trafficking

International drug trafficking is a serious offence, punishable under both national and international law. In Romania it is punishable by imprisonment from 7 to 20 years and a ban on exercising certain rights (for example, the right to hold certain positions or to drive vehicles). To combat this phenomenon, Romania cooperates with other states through international agreements and through agencies such as Europol and Interpol, which allows measures to be taken against traffickers operating from other countries.

Trafficking on Romanian territory and precautionary measures

On Romanian territory, drug trafficking is punishable by imprisonment from 3 to 15 years and a ban on exercising certain rights. Precautionary measures are also taken during the criminal investigation to ensure that it is properly conducted. Examples of measures that may be ordered:

  • Seizure of the drugs found in the suspects' possession;
  • Seizure of money that may derive from unlawful activities;
  • Seizure of assets - vehicles, real estate or other assets connected with the offence;
  • Freezing of bank accounts, to prevent money being transferred or spent;
  • Electronic monitoring of communications and seizure of the relevant devices.

Driving under the influence of alcohol or psychoactive substances

Under Article 336 of the Noul Cod Penal (New Criminal Code), driving a vehicle on public roads with a blood alcohol concentration above 0.80 g/l pure alcohol is punishable by imprisonment from 1 to 5 years or by a fine. The same penalty applies to a person under the influence of psychoactive substances. Where the offence is committed during the public transport of passengers, the transport of dangerous goods or practical driving instruction, the penalty is imprisonment from 2 to 7 years.

If you are facing such a situation, we have set out the steps to take in detail in the article “Have you been drinking and driving? Here is what you need to know”.

What has changed: the increase in penalties from 2023

Following the 2023 amendment of Legea 143/2000 (Law no. 143/2000), the sentencing limits have increased significantly:

  • Trafficking in risk drugs2–7 years→ 3–10 years
  • Trafficking in high-risk drugs5–12 years→ 5–15 years
  • Bringing into the country - risk drugs3–10 years→ 5–15 years
  • Bringing into the country - high-risk drugs7–15 years→ 10–20 years

In short, drug trafficking is a serious offence, with serious consequences for society and an increasingly harsh sentencing regime. That is precisely why the way the defence is built - and when it steps in - matters enormously.

In a drug trafficking case, the first few days decide the direction the case will take.

3–10 years for risk drugs. Seizures, frozen accounts, precautionary measures. The way you react from the outset directly influences your case. Speak to a criminal lawyer now.

Call a criminal lawyer

Frequently asked questions

Is drug use an offence in Romania?

Consumption in itself is not criminalised under Romanian criminal law. Possession of drugs is an offence, however, so in practice the user is indirectly punished simply by having come into possession of the substances.

What penalty does someone risk for possession of drugs for personal use?

For risk drugs, the penalty is imprisonment from 3 months to 2 years or a fine. For high-risk drugs, imprisonment from 6 months to 3 years.

Are there situations in which the act is not punished?

Yes. Under art. 14 of Legea 143/2000, a person who, before the criminal investigation begins, denounces his or her own involvement to the authorities and helps to identify the other participants is not punished.

Have the penalties for drug trafficking been toughened recently?

Yes. Following the 2023 amendment of Legea 143/2000, the limits have increased - for example, trafficking in risk drugs has risen from 2–7 years to 3–10 years, and bringing high-risk drugs into the country from 7–15 years to 10–20 years.

What you can do now

If you are under investigation, being questioned or have been notified of a suspicion relating to drug trafficking or possession, the priority is a swift assessment and a clear strategy - not an improvised reaction. When a lawyer steps in can change the direction of the case.

For an assessment of your situation, explore the criminal law practice of the Buju, Stanciu & Associates team or contact the team directly. This article is for information purposes only and does not constitute legal advice; for your particular situation, speak to a lawyer.