Kazakhstan Interior Ministry proposes decriminalizing drug possession without intent to sell
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Kazakhstan's Interior Ministry has published a draft law to decriminalize drug possession without intent to sell, replacing criminal penalties with fines or short administrative arrest. The proposal would also move public drug use to administrative liability, while retaining criminal liability for large-scale possession. The ministry stressed that decriminalization does not mean legalization.
Key Facts
- The draft proposes fines of 129,750 tenge or arrest up to 10 days for acquiring, storing, or transporting drugs without intent to sell.
- Public drug use would be punished by a fine of 173,000 tenge or 10 days of administrative arrest under the proposed changes.
- Criminal liability would remain for drug offenses involving large or especially large amounts, with penalties ranging from fines up to 865,000 tenge to imprisonment of three to seven years.
- The Ministry of Internal Affairs emphasized that the proposed changes do not mean legalization of drugs.
Proposed Administrative Penalties
The draft law would add a new article 440-2 to the Code of Administrative Offenses covering illegal handling of drugs without intent to sell. For acquiring, storing, or transporting without intent to sell, the fine would be 30 MCI (129,750 tenge) or administrative arrest up to 10 days. For manufacturing or processing without intent to sell, the fine would be 40 MCI (173,000 tenge) or arrest up to 15 days. Repeat violations within a year would carry a fine of 50 MCI (216,250 tenge) or arrest up to 20 days. In all cases, drugs would be confiscated, and equipment used in manufacturing or processing would also be seized.
Public Drug Use
Public drug use would be moved to article 440-1 of the Code of Administrative Offenses on non-medical consumption of narcotic drugs. The proposed penalty is a fine of 40 MCI (173,000 tenge) or 10 days of administrative arrest. For repeat public use, the draft sets a fine of 50 MCI (216,250 tenge) or arrest for 15 days. Currently, repeat public drug use is punishable by a fine of 80 MCI (346,000 tenge) or 20 days of arrest.
Criminal Liability Retained
Criminal liability would remain for manufacturing, processing, acquiring, storing, or transporting drugs in large or especially large amounts even without intent to sell. For large amounts, the draft provides a fine up to 200 MCI (865,000 tenge), correctional or community work, or arrest up to 50 days. For especially large amounts, the penalty would be imprisonment from three to seven years. Actions with intent to sell would continue to be prosecuted under article 297 of the Criminal Code.
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Kazakhstan Interior Ministry proposes decriminalizing drug possession without intent to sell
