Belarus Proposes Administrative Liability for Drug Propaganda

Belarus is proposing to introduce administrative liability for the propaganda of narcotic drugs, psychotropic substances, and their analogues. A draft law titled “On Amendments to Laws on Issues of Propaganda of Narcotic Drugs, Psychotropic Substances, and Their Analogues” has appeared in the draft legislation database of the National Legal Internet Portal.

It is proposed to supplement the Code of Administrative Offenses with Article 17.7 “Propaganda of Narcotic Drugs, Psychotropic Substances, and Their Analogues.”

“Propaganda of narcotic drugs, psychotropic substances, and their analogues shall entail the imposition of a fine of up to 20 base units with confiscation of the instrument of the administrative offence or without confiscation, or community service with confiscation of the instrument of the administrative offence or without confiscation, or administrative arrest with confiscation of the instrument of the administrative offence or without confiscation,” the proposed article states.

At the same time, amendments are proposed to the Law “On Narcotic Drugs, Psychotropic Substances, Their Precursors and Analogues.” In particular, Article 24, “Restrictions Aimed at Counteracting the Illicit Trafficking of Narcotic Drugs, Psychotropic Substances, Precursors, and Analogues,” is set out in a new wording.

The proposed text defines propaganda of narcotic drugs, psychotropic substances, and their analogues in Belarus as the dissemination in any form, including through mass media and the global computer network internet, of information and/or materials:

— on methods and/or technologies for the manufacture, production, processing, acquisition, storage, transportation, mailing, sale, use, import, export, or transit of narcotic drugs, psychotropic substances, and their analogues;
— on methods and/or technologies for cultivating plants and/or fungi containing narcotic drugs or psychotropic substances, as well as places of their growth;
— on the permissibility, attractiveness, or necessity of consuming narcotic drugs, psychotropic substances, or their analogues;
— on the names of narcotic drugs, psychotropic substances, or their analogues, including using restricted-use vocabulary, as well as their chemical structure;
— on any advantages of the illicit use of narcotic drugs, psychotropic substances, precursors, or analogues;
— on the possibility of generating income through performing any actions related to the illicit trafficking of narcotic drugs, psychotropic substances, or their analogues;
— on methods of behaviour aimed at avoiding liability for crimes related to the illicit trafficking of narcotic drugs, psychotropic substances, or their analogues;
— with descriptions and/or images of narcotic drugs, psychotropic substances, or their analogues, as well as plants and/or fungi containing narcotic drugs or psychotropic substances, or their individual parts.

The dissemination of information will not be considered propaganda if it occurs:

— in works of science, literature, and art, with the exception of information on the permissibility, attractiveness, necessity, or advantages of illicit use;
— in mass media and printed publications in the field of healthcare, at venues hosting medical and pharmaceutical exhibitions, seminars, conferences, and similar events, on internet resources and online events intended for medical and pharmaceutical professionals, as well as in instructions for medical use (package leaflets) and summaries of product characteristics of medicinal products;
— in educational programme documentation, informational and analytical materials, educational, scientific, and other publications that, in accordance with education legislation, relate to the scientific and methodological support of education;
— during events aimed at preventing the consumption of narcotic drugs, psychotropic substances, or their analogues, as well as their illicit trafficking;
— by state bodies and other state organisations.

The draft law must be adopted by the House of Representatives and approved by the Council of the Republic. It is proposed that it enter into force after official publication.

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