A 2020 study by the European Monitoring Centre for Drugs and Drug Addiction on drug use shows that 25.2 million Europeans have used cannabis in the last year; 4.3 million have used cocaine; 2.7 million have used MDMA; 2 million had used amphetamines, and 1.3 million had used opioids. And although, relative to the total number of European citizens, these figures reflect drug use by less than 1% of the population of Europe, it nevertheless appears that drugs are widespread and widely available.
In some countries, drug use itself is a crime. In others, it is a crime to be intoxicated in a public place. In others, drug use is a crime or an offense only in certain circumstances.
We explain how this issue is regulated in Bulgaria below.
Drug use – when is it a crime?
In Bulgaria, drug use itself is not prohibited and therefore cannot constitute a crime or any other offense. Legal prohibitions related to narcotic substances concern their production, processing, acquisition, possession, and distribution.
However, there are a number of scenarios in which drug use constitutes a crime.
The first such case concerns driving a motor vehicle after using drugs. The penalty for this crime is imprisonment for one to three years, a fine of two hundred to one thousand leva, and deprivation of the guilty driver’s right to drive a motor vehicle. For committing this crime, the court mandatorily confiscates the vehicle in favor of the state.
This is also one of the most frequently discussed crimes in the public sphere. The problem with it stems from the wording of the law, which punishes driving after using drugs, rather than under the influence of such. As a result, convictions are often handed down to people who have used drugs long enough before driving that they are fully conscious at the time of driving and in no way endanger the life and health of other road users or anyone’s property.
The broad wording thus envisaged is likely to lead to the practical criminalization of drug use itself.
Despite the shortcomings of the legislative approach in this regard, case law has established certain criteria, the application of which makes it possible to acquit a motor vehicle driver who has used narcotic substances but is not under their influence at the time of driving.
The second such case refers to causing a traffic accident after using drugs, resulting in moderate or severe injury or death to one or more victims. It is not necessary for the use of narcotic substances to be directly causally related to the accident. In other words, it is not necessary for the use to have caused the traffic accident.
In this case, the penalties are as follows:
1. for serious or moderate bodily injury, the penalty is imprisonment for one to six years; in particularly serious cases, the punishment is imprisonment for a term of two to ten years;
2. in the event of death, the punishment is imprisonment for a term of five to fifteen years; in particularly serious cases, the punishment is imprisonment for a term of ten to twenty years.
It is also envisaged that the guilty driver will be deprived of the right to drive motor vehicles for a certain period of time. At the same time, in the case of these crimes, the court may confiscate the motor vehicle, but is not obliged to do so.
This crime presents the same problem as the one mentioned above, namely that it concerns driving after using narcotic substances, rather than under their influence.
Once again, it is case law that overcomes the legislative shortcoming, with most courts analyzing the relationship between the moment of use and the moment of occurrence of the road traffic accident.
The third such case concerns the use of drugs in public places. This act can be defined as a type of indecent behavior that grossly violates public order and expresses clear disrespect for society. In this case, the punishment provided for by law is imprisonment for up to two years or probation, as well as public censure.
The fourth such case concerns incitement and coercion to use drugs. This act is a crime when it is committed with a specific purpose, namely when the person who is persuaded or forced to use narcotic substances to a24> be motivated to prostitution, sexual intercourse, lewd acts or committing sexual intercourse or act of sexual gratification with a person of the same sex.
In this case, there is a classic crime against the sexual integrity of a person, who is persuaded or forced to use narcotic substances. This is so, due to the fact that when using drugs, almost always leads to such a qualitative change in consciousness that it is possible to a30> overcome the will of the user, who is sober state not has given or would not have given consent to participate in the listed actions.
The punishment is extremely serious – deprivation of liberty for five to fifteen years and a fine of ten thousand to fifteen thousand levs.
The last such case refers to simply persuading or assisting another person to use drugs. In this case, in order for a crime to exist, the legislator does not require this action to pursue a specific purpose. It is sufficient for a person to be persuaded or assisted to use narcotic substances. This is a classic crime against public health. The punishment is imprisonment for one to eight years and a fine of five thousand to ten thousand leva.
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