| Abstract [eng] |
This master’s thesis investigates the peculiarities of criminal liability for the illegal possession of narcotic and psychotropic substances without the purpose to distribute them, as well as addresses the issues related to this topic. The subject of the thesis is analyzed based on the legal acts of Lithuania and foreign countries, scholarly publications, relevant statistics, research reports and case studies. The analysis shows that the current legal regulation in Lithuania, which imposes criminal liability for the possession of narcotic or psychotropic substances (especially soft drugs) for personal use, is flawed and not only does it not align with the principles of ultima ratio and proportionality but also raises doubts regarding its rationality and effectiveness. Accordingly, the author proposes several changes. Firstly, it is important to reconsider the possibility of decriminalizing the possession of cannabis. Foreign experience show that decriminalizing light drugs discourages users from transitioning to harder drugs, and the rates of drug use and drug-related mortality remain stable or show only minimal changes. Secondly, in order to reduce the demand for narcotic or psychotropic substances and the problems related to their use in Lithuania, the main focus should be on prevention and treatment rather than criminal prosecution, as the threat of liability further isolates individuals from seeking help. Therefore, instead of criminal liability, it would be more appropriate to apply administrative liability along with harm reduction measures for the possession of narcotic or psychotropic substances in small quantities. Meanwhile, possession of narcotic or psychotropic substances in quantities larger than small could result in criminal liability due to the greater threat these substances pose to health and public welfare. However, considering that harsh punishments do not always act as a preventive measure, it is suggested that such actions be treated not as a crime, but as a criminal offense. |
