LAW 143/2000 adopted by the Romanian Parliament

Chapter 1 - General provisions

Article 1

In this law, the terms and expressions below have the following meaning:
a) substances under national control - drugs and precursors listed in the tables-annex no. I-IV which are an integral part of this law; the tables may be amended by the Government Emergency Ordinance, by the registration of a new plant or substance, by the deregistration of a plant or substance or by their transfer from one table to another, at the proposal of the Minister of Health;
b) drugs - narcotic or psychotropic plants and substances or mixtures containing such plants and substances, listed in tables no. I-III;
c) high risk drugs - the drugs listed in tables no. I and II;
d) risk drugs - the drugs listed in table no. III;
e) precursors - the substances frequently used in the manufacture of drugs, listed in table no. IV;
f) toxic chemical inhalants - substances established as such by order of the Minister of Health;
g) illicit drug use - the use of drugs under national control, without medical prescription;
h) drug addict - the person who is in a state of physical and / or mental dependence caused by drug use, ascertained by one of the health units established for this purpose by the Ministry of Health;
i) detoxification treatment and medical supervision - measures that can be taken to eliminate physical and / or mental dependence on drugs;
j) livrarea supravegheată – metoda folosită de instituţiile sau organele legal abilitate, cu autorizarea şi sub controlul procurorului, care consta în permiterea trecerii sau circulaţiei pe teritoriul tarii de droguri ori precursori, suspecti de a fi expediati ilegal, sau de substanţe care au înlocuit drogurile ori precursorii, în scopul descoperirii activităţilor infractionale şi al identificarii persoanelor implicate în aceste activităţi;
k) investigatori acoperiţi – politisti special desemnaţi să efectueze, cu autorizarea procurorului, investigaţii în vederea strangerii datelor privind existenta infracţiunii şi identificarea faptuitorilor şi acte premergătoare, sub o alta identitate decât cea reală, atribuită pentru o perioadă determinata.


Chapter 2 - Sanctioning of trafficking and other illicit operations with substances under national control

Article 2

(1) The cultivation, production, manufacture, experimentation, extraction, preparation, processing, offering, sale, sale, distribution, delivery in any capacity, dispatch, transport, procurement, purchase, possession or other operations relating to the circulation of dangerous drugs, without right, they are punished with imprisonment from 3 to 15 years and the prohibition of certain rights.
(2) If the facts provided in par. (1) have as object high-risk drugs, the punishment is imprisonment from 10 to 20 years and the prohibition of certain rights.

Article 3

(1) The introduction or removal from the country, as well as the import or export of dangerous drugs, without right, shall be punished by imprisonment from 10 to 20 years and the prohibition of certain rights.
(2) If the facts provided in par. (1) concern high-risk drugs, the punishment is imprisonment from 15 to 25 years and the prohibition of certain rights.

Article 4

Cultivation, production, manufacture, experimentation, extraction, preparation, processing, purchase or possession of drugs for own consumption, without right, is punishable by imprisonment from 2 to 5 years.

Article 5

Punerea la dispoziţie, cu ştiinţa, cu orice titlu, a unui local, a unei locuinţe sau a oricărui alt loc amenajat, în care are acces publicul, pentru consumul ilicit de droguri ori tolerarea consumului ilicit în asemenea locuri se pedepseşte cu închisoare de la 3 la 5 ani şi interzicerea unor drepturi.

Article 6

(1) The prescription of high risk drugs, intentionally, by the doctor, without this being necessary from a medical point of view, shall be punished with imprisonment from 1 year to 5 years.
(2) The release or obtaining, with intent, of high risk drugs, on the basis of a medical prescription prescribed under the conditions provided in par. (1) or a forged prescription.

Article 7

The administration of high-risk drugs to a person, in addition to the legal conditions, is punishable by imprisonment from 6 months to 4 years.

Article 8

The supply, for consumption, of toxic chemical inhalants to a minor is punishable by imprisonment from 6 months to 2 years or a fine.

Article 9

The production, manufacture, import, export, supply, sale, transport, delivery in any capacity, dispatch, purchase, purchase or possession of precursors, equipment or materials for the purpose of their use in the illicit cultivation, production or manufacture of high-risk drugs, are punished with imprisonment from 3 to 10 years and the prohibition of certain rights.

Article 10

The organization, management or financing of the facts provided in art. 2-9 shall be punished with the penalties provided by law for these deeds, their maximum limits being increased by 3 years.

Article 11

(1) The incitement to illicit drug use, by any means, if followed by execution, shall be punished by imprisonment from 6 months to 5 years.
(2) If the exhortation is not followed by execution, the punishment is from 6 months to 2 years or a fine.

Article 12

(1) The deeds provided for in art. 2, 3 and 5, if the person who committed them is part of an organization or association or of a group of at least 3 persons, with determined structures and which are constituted for the purpose of committing those deeds and obtaining material benefits or other illicit uses.
(2) The deeds provided in art. 3 shall be punished with imprisonment from 3 to 15 years. 4, 6, 7, 9 and 11, if they were committed under the conditions provided in par. (1).
(1) The deeds provided for in art. 2, 3 and 5, if the person who committed them is part of an organization or association or of a group of at least 3 persons, with determined structures and which are constituted for the purpose of committing those deeds and obtaining material benefits or other illicit uses.

Article 13

(1) The attempt at the offenses provided in art. 2-7, art. 9 and 10 are punished.
(2) It is considered the attempt and the production or procurement of the means or instruments, as well as the taking of measures in order to commit the crimes provided in par. (1).

Article 14

With regard to the offenses contained in this chapter, in addition to the situations provided for in the Criminal Code, the following situations constitute aggravating circumstances:
a) the person who committed the crime performed a function that involved the exercise of public authority, and the deed was committed in the exercise of this function;
b) the deed was committed by a medical staff or by a person who has, according to the law, attributions in the fight against drugs;
c) the drugs have been sent and delivered, distributed or offered to a minor, a mentally ill person, a person in detoxification treatment or under medical supervision or other such activities prohibited by law have been performed on one of these persons or if the act was committed in a medical or educational institution or unit, place of detention, social assistance, re-education or medical-educational institution, places where pupils, students and young people carry out educational, sports, social or near them;
d) the use of minors in committing the deeds provided in art. 2-11;
e) the drugs were mixed with other substances that increased their danger to life and the integrity of persons.

Article 15

The person who, before the criminal investigation is initiated, denounces to the competent authorities his participation in an association or agreement in order to commit one of the offenses provided in art. 2-10, thus allowing the identification and prosecution of the other participants.

Article 16

The person who committed one of the offenses provided in art. 2-10, and during the criminal investigation denounces and facilitates the identification and prosecution of other persons who have committed drug-related offenses, benefits from the halving of the limits of the punishment provided by law.

Article 17

(1) Drugs and other goods that have been the object of the offenses provided in art. 2-10 are confiscated, and if they are not found, the convict is obliged to pay their cash equivalent.
(2) The money, values or any other goods acquired through the capitalization of drugs and other goods provided in par. (1).

Article 18

(1) Drugs seized for confiscation shall be destroyed. Retention of counter-evidence is mandatory.
(2) The following are exempt from destruction:
a) usable medicines, which were handed over to pharmacies or hospital units, after the prior approval of the Pharmaceutical Directorate within the Ministry of Health;
b) plants and substances usable in the pharmaceutical industry or in another industry, depending on their nature, which have been handed over to a public or private economic agent, authorized to use or export them;
c) some appropriate quantities, which will be kept for didactic and scientific research purposes or have been handed over to the institutions that have dogs and other drug detection animals, for the preparation and maintenance of their training, in compliance with the legal provisions.
(3) The destruction of drugs is carried out periodically, by incineration or by other appropriate means, by a commission composed of a representative of the Prosecutor's Office attached to the Supreme Court of Justice, of the Ministry of Health - Pharmaceutical Directorate, of the Ministry of Waters, Forests and Protection. Environment, a specialist from the central team for the suppression of illicit drug trafficking from the General Inspectorate of Police and the manager of the crime chamber of the same unit.

Article 19

Where an addict is convicted of an offense, the provisions of the Criminal Code and the Code of Criminal Procedure shall apply accordingly.

Chapter 3 - Procedural provisions

Article 20

The Prosecutor's Office attached to the Supreme Court of Justice may authorize, at the request of the legally authorized institutions or bodies, the making of supervised deliveries, with or without the total substitution of drugs or precursors.

Article 21

(1) The prosecutor may authorize the use of undercover investigators to discover the facts, identify the perpetrators and obtain evidence, in situations where there are strong indications that it has been committed or that a crime is being prepared among those provided in this law.
(2) The authorization is given in written form for a maximum period of 60 days and may be extended for duly justified reasons, each extension not exceeding 30 days.

Article 22

(1) The policemen from the specialized formations, who act as undercover investigators, as well as their collaborators may procure drugs, chemicals, essentials and precursors, with the prior authorization of the prosecutor, in order to discover the criminal activities and to identify the persons involved in such activities. .
(2) The acts concluded by the police officers and their collaborators, provided in par. (1), may constitute means of proof.

Article 23

(1) When there are solid indications that a person who is preparing to commit a crime among those provided for in this law or who has committed such a crime uses telecommunications or computer systems, the criminal investigation body may, with the authorization of the prosecutor, have access to a determined period to these systems and to supervise them.
(2) The provisions of art. 91 ^ 1-91 ^ 5 of the Code of Criminal Procedure shall apply accordingly.

Article 24

The search may be carried out in places where there are indications that one of the offenses provided for in this law has been committed or is being prepared, in compliance with the provisions of the Code of Criminal Procedure.

Articolul 25

(1) If there are solid indications that a person was carrying drugs hidden in his body or, on the basis of written consent, the criminal investigation body shall order the performance of medical examinations, in order to detect them. In case of refusal, the authorization of the prosecutor will be requested, who will also mention the medical unit that will carry out these medical investigations.
(2) The documents recording the result of the medical investigations, as well as those regarding the manner in which they were performed shall be immediately sent to the prosecutor or, as the case may be, to the criminal investigation body that requested them.

Article 26

The Central Party for the Suppression of Illicit Drug Trafficking in the General Inspectorate of Police is the only party that coordinates and centralizes all data concerning drugs, essential chemicals, precursors and toxic chemical inhalants.

Chapter 4 - Measures against illicit drug use

Article 27

(1) The illicit consumption of drugs under national control, without medical prescription, is prohibited on the Romanian territory.
(2) The person who illicitly uses drugs under national control is subject, as the case may be, to one of the following measures: detoxification treatment or medical supervision.
(3) The measures provided in par. (2) are ordered by one of the medical units established by the Ministry of Health, based on a medico-legal expertise.
(4) The decision of the medical unit may be appealed, within 10 days from the communication, to the court in whose territorial area the medical unit has its headquarters.
(5) The decision of the court may be appealed.

Article 28

(1) The detoxification treatment is performed in hospital in one of the medical units established by the Ministry of Health, which are obliged to periodically check the opportunity to continue the treatment.
(2) When detoxification treatment is not necessary, the person is subject to medical supervision in a medical unit, public or private, among those established by the Ministry of Health, which applies the necessary medical measures, taking into account the person's health, personality and the social environment from which it comes.
(3) The medical supervision is ensured continuously or temporarily by a unit of those provided in par. (2), together with a family, a person or a community, who have the necessary skills for such supervision.
(4) The expenses occasioned by the detoxification cure or by the medical supervision, as well as by the performance of the medico-legal expertise shall be borne by the state and, depending on the material possibilities, by the person in question, by the family or by a private body. established by a joint order of the Minister of Health and the Minister of Finance.
(5) The Minister of Justice and the Minister of Health shall establish by a joint order the medical and educational measures that will be applied to drug addicts in penitentiaries.

Articolul 29

(1) Drug addicts who present themselves on their own initiative at a specialized medical unit or at a dispensary, in order to benefit from the treatment, may request confidentiality.
(2) Drug addicts who have benefited from a treatment under the conditions provided in par. (1) receive, at their request, a nominal certificate, in which the issuing unit, the identification data of the person in question, the duration and object of the treatment, the state of health at the end or at the interruption of the treatment shall be mentioned.

Article 30

Anyone who has knowledge about a drug user can notify one of the medical units established by the Ministry of Health, which will proceed according to law.

Chapter 5 - Final provisions

Article 31

Within 60 days from the date of entry into force of this law, the Ministry of Health, with the approval of the Ministry of Interior, Ministry of Justice and Ministry of Finance, will issue the Regulation for the application of the provisions of this law, which is approved by Government decision.

Article 32

On the date of entry into force of this law, the provisions of art. 312 of the Criminal Code, regarding narcotic products or substances, as well as other contrary provisions.
This law was adopted by the Senate in the meeting of May 9, 2000, in compliance with the provisions of art. 74 para. (1) of the Romanian Constitution.