Russia's drug law reform: No jail for first-time offenders?

Russia may end prison terms for first-time drug possession offenders

Russia may ease penalties for illegal drug possession "for personal use," with the presidential human rights council poised to back part of the proposal, Kommersant reports. The draft law was developed by the Supreme Court in May 2025. Its authors proposed reducing maximum prison terms for drug offenses involving large and very large quantities without intent to distribute, as well as eliminating imprisonment for first-time offenders—but the rights council is prepared to support only the latter change.

The government's legislative commission plans to approve a bill softening penalties for the illegal possession of narcotics "for personal consumption," the newspaper writes, citing a draft review. Kommersant has obtained a copy of the document.

The Supreme Court drafted the legislation in May 2025 following an instruction from Russian President Vladimir Putin to analyze enforcement practices under Article 228 of the Criminal Code.

The initiative's authors proposed reducing the maximum prison sentence for the illegal acquisition, storage, transport, or production of drugs "for personal use." For large quantities (Part 2 of Article 228), the upper limit could be cut from 10 to five years; for very large quantities (Part 3), from 15 to 10 years. In its explanatory note, the Supreme Court argued that the current sentencing ranges under Article 228 are "excessively harsh."

The Supreme Court also recommended eliminating prison terms for Russians convicted for the first time of possessing drugs in "significant amounts" without intent to distribute (Part 1 of Article 228), illegally cultivating narcotic plants (Part 1 of Article 231), or forging prescriptions for controlled substances (Article 233). The Court noted that such offenses are "often committed by individuals in need of treatment for drug dependency," the paper reports.

The Cabinet is prepared to support the bill on the condition that amendments to Parts 2 and 3 of Article 228 are removed before the second reading. The government believes these Supreme Court proposals conflict with ongoing efforts to combat drug trafficking. "Implementing the norm would lead to reviews of past court rulings. A significant number of those convicted under these articles could be released from prison and reintegrate into criminal circles. Softer penalties would create opportunities to evade accountability for acts that, while not involving distribution, still pose serious risks," the newspaper quotes the Cabinet's conclusion.

In December 2023, Eva Merkacheva, a member of the Presidential Council for Human Rights, informed Putin that in some penal colonies, up to 80% of young inmates had been convicted under Article 228. Following the meeting, the president ordered a review of the laws and the preparation of amendments.