Home > Overviews of legal topics.

European Monitoring Centre for Drugs and Drug Addiction. [EMCDDA] (2012) Overviews of legal topics. Lisbon: European Monitoring Centre for Drugs and Drug Addiction.

URL: http://www.emcdda.europa.eu/html.cfm/index5036EN.h...

The European Legal Database on Drugs (ELDD) is the EMCDDA's online database of information on European drugs-related legislation for the Member States and Norway.

Topic Overviews cover the following areas:
• Classification of controlled drugs
• Illegal consumption
• Illegal possession of drugs
• Illegal drug trafficking
• Possession of cannabis for personal use
• Medical purposes
• Needle and Syringe Programmes
• Treatment alternatives
• Workplace drug testing
• Hallucinogenic mushrooms
• Driving
• Substitution treatment
• Controlled deliveries
• Precursor penalties
• Threshold quantities

Classification of controlled drugs
 How are drugs classified at international level and why?
 Does the EU have a standardised classification system?
 Do different types of drugs elicit different legal responses?

Personal possession of cannabis
 Is cannabis equal to other substances or not?
 When are cannabis-related offences prosecuted?

Illegal consumption of drugs and the law
 Is drug consumption per se illegal?
 Is it prosecuted?

Legal status of drug testing in the workplace
 In which conditions is testing permitted?
 What are the rights and responsibilities of the employer and employee?
 Are there privacy or data protection issues involved?

Drugs and driving
 What drugs are prohibited for drivers?
 Can police stop drivers randomly, or do they need suspicion?
 Should a driver be under influence, or does any trace of drugs lead to an offence?

Illegal possession of drugs
 Is possession of drugs 'for personal use' viewed differently from other forms of possession?
 Do the quantities and nature of the drug(s) involved affect the legal response?

Hallucinogenic mushrooms
 Are these controlled in Member States?
 What happens if they grow in the wild?

Legal status of opioid substitution treatment
 What drugs are permitted for substitution treatment in the countries?
 Who can prescribe them? Who can dispense them?
 How are the drugs and the patients monitored? Can they be taken home?
 What happens if the patient fails a urine test?

Illegal drug trafficking
 Is there a difference between trafficking in drugs for personal use and trafficking for commercial purposes?

Treatment alternatives to prosecution or prison
 Are alternative measures to prosecution for drug offences available?
 Does the offender have to be an addict?
 Can they be used for theft offences?
 Are they compulsory?

Penalties for precursor offences
 Are the penalties the same as for drug trafficking offences?
 What happens if there is just a breach of labelling requirements?

Supplying illicit drugs for medical purposes
 Is substitution treatment in breach of the international Conventions against drugs?
 What are the legal bases for methadone prescription?
 Is prescribing heroin for medical purposes against international law?

Legal Framework of Needle and Syringe Programmes
 Are these programmes legal?
 Can they be considered as facilitating drug use?
 How do the police react?

Controlled deliveries
 If law enforcement officers want to watch a controlled delivery of drugs through the territory, who can authorise it?
 What are the necessary requirements for authorisation?
 Do the same laws apply to other illicit goods?

Threshold quantities for possession and supply offences
 Who defines a threshold quantity?
 How much is a small, or large, quantity of a drug?
 How do quantities vary between different drugs?


Item Type:Evidence resource
Publication Type:Other
Drug Type:New psychoactive substance, Cannabis, Alcohol or other drugs in general, Inhalents and solvents, CNS stimulants, Alcohol, Prescription/Over the counter, CNS depressants, Opioid, Cocaine
Intervention Type:Crime prevention
Source:EMCDDA
Date:March 2012
Publisher:European Monitoring Centre for Drugs and Drug Addiction
Corporate Creators:European Monitoring Centre for Drugs and Drug Addiction
Place of Publication:Lisbon
EndNote:View
Accession Number:HRB (Electronic Only)
Subjects:MM-MO Crime and law > Law enforcement and the justice system
VA Geographic area > Europe > Ireland
VA Geographic area > Europe > European Union
VA Geographic area > Europe
MP-MR Policy, planning, economics, work and social services > Policy > Policy on drugs and alcohol
MM-MO Crime and law > Drugs and alcohol laws

Repository Staff Only: item control page