Russia’s Supreme Court proposes reducing prison sentences for large-scale drug possession without intent to distribute

Russia’s Supreme Court has submitted a bill to the State Duma that would reduce prison sentences for acquiring and storing drugs in large and especially large quantities without intent to distribute. The bill has been published on the lower house’s website.

The proposed changes would amend Article 228 of Russia’s Criminal Code. The article’s current second part — covering the illegal acquisition, storage, transportation, manufacture, and processing of controlled substances in large quantities without intent to distribute — carries a sentence of three to 10 years. The Supreme Court is proposing to cap that at five years and eliminate the mandatory minimum.

The bill would also amend the article’s third part, which covers acquiring and storing drugs in especially large quantities and currently carries a sentence of 10 to 15 years. There, too, the Supreme Court is proposing to reduce the maximum to 10 years and eliminate the mandatory minimum.

The explanatory note accompanying the bill states that under the second part of Article 228, actual imprisonment is imposed on only a third of those convicted, and that maximum sentences are imposed “extremely rarely.” The sentencing ranges under the third part, the note adds, are also “seldom applied by courts” and limit courts’ ability to tailor punishment to the specific circumstances of a case and the defendant’s personal background.

The bill would also extend to first-time offenders convicted of large-scale drug possession who are recognized as suffering from drug addiction the right to receive a court-ordered deferral of their prison sentence, on the condition that they undergo treatment or rehabilitation. The Supreme Court stated: “Crimes involving the illegal circulation of drugs without intent to distribute are often committed by drug-dependent individuals who need treatment — it is precisely their illness that drives them to commit the offense. Giving such convicts the opportunity to receive treatment for drug addiction will be one of the important tools for rehabilitating the individual and preventing repeat offenses.”