Trafficking – Possession of drugs | Lawyer

Our law firm can effectively support you in drug cases by providing reliable legal assistance. Knowing the seriousness of a defendant’s situation after being arrested for drug possession or trafficking and the intricacies involved, our drug lawyers can effectively guide you so that you can face the charges in the best possible way.

In each case, we draw up an individualised and optimal strategy in order to make use of every possible argument and to ensure that adverse developments (pre-trial detention, restraining orders, etc.) are avoided.

By carefully studying and analyzing the evidence in the case file and with systematic contact with the accused, we methodically build the defense line by collecting all the necessary evidence in his favor in order to achieve his vindication.

We consistently build honest relationships with our principals, avoiding “sugarcoating” reality, so that all the facts are properly assessed and unpleasant surprises are avoided.

As for the drug possession offence:

There is a rich debate and controversy in criminal theory as to whether possession for use of drugs should be a criminal offence. Some countries (such as Portugal) have already decriminalised drug use, which does not of course imply the legalisation of drugs, but the abolition of criminal sanctions.

In Greece, a repressive approach is generally taken towards drugs, but under certain conditions simple use can go unpunished.

What is the penalty for possession of a quantity of drugs for personal use?

Specifically, the law provides that the supply or possession of drugs in quantities justified by personal use or the cultivation of cannabis plants in a number or area also justified only for personal use is punishable by imprisonment for up to five (5) months.

In order to determine whether or not a particular quantity relates to individual use, the Court takes into account the type, purity and quantity of the drug in question, together with the frequency of use, the time of use, the daily dose and the particular needs of the user.

For example, a psychiatric expert opinion may be needed to prove chronic dependence and therefore justify the quantity arrested for, or a small quantity if distributed in separate bags may indicate that it is for the purpose of trafficking rather than use.

It should be noted that one is convicted of possession of drugs involving personal use,
the conviction is not entered on the copies issued for his or her criminal record.

Can there be an acquittal for possession of a small amount of drugs (cannabis-hashish, cocaine, heroin, etc.)?

Yes, it is expressly provided that a person prosecuted for possession of drugs may go unpunished“if the court, having regard to the circumstances of the offence and the personality of the offender, finds that the offence was wholly incidental and unlikely to be repeated”, regardless of the drug substance .

This means in practice that the Court, assessing the personality of the offender (age, living conditions, personal circumstances, etc.) and the circumstances of the offence, can acquit the offender.

Can an addicted drug user be acquitted?

If someone is addicted to drugs and unable to get rid of it, they can be acquitted (provided that the quantity was for personal use).

When is a small amount of drugs considered to be a small amount of drugs?

There is no explicit legal distinction or limit between small quantities for personal use or not. It is up to the defendant to prove this, with the assistance of his lawyer, i.e. that the quantity in question is for his personal use, taking into account the specific circumstances (e.g. a relatively large quantity could be justified due to the defendant’s travel and his inability to obtain supplies at his destination).

Is there a legal distinction between hard and soft drugs?

There is no legal distinction and no more favourable treatment if it is possession of cannabis or heroin in law. In practice, however, the judge takes the type of drug into account, particularly as regards the level of the sentence. As mentioned above, if it is proven that the quantity of the drug is for personal needs, the penalty is up to 5 months imprisonment.