In Russia, there is no criminal responsibility for the use of drugs and substances, the circulation of which is restricted or prohibited. There is criminal responsibility for the sale, production, possession and transportation, but there is no criminal responsibility for drug use.
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The law makes no distinction for consumers: they have the right to use modafinil, or ethyl alcohol, or even gasoline intravenously. Everyone decides for himself what to do with his body. No one will go to jail for this.
But anyone who has decided to “help the brain work” with the help of banned substances must take into account all the peculiarities of the legislation of the Russian Federation.
What is modafinil?
Modafinil is a drug that is used to treat diseases associated with sleep disorders: for example, to treat drowsiness due to drug addiction.
In some countries, such as the United States and the EU, it is sold legally, with a doctor’s prescription. On the 18th of May 2012, it was put on the list of narcotic and psychotropic substances, the circulation of which is limited in Russia. The reason for the ban is that the effects of modafinil on the human brain have not been fully studied. Unstudied does not mean harmless. Almost all the drugs known to us were originally considered harmless drugs. Heroin, for example, was used to treat coughs, and cocaine was sold in pharmacies as an antidepressant.
Officially in our country modafinil is not approved for use. Doctors do not have the right to write a prescription for it, pharmacies can not sell it.
How to return drugs to the pharmacy
Responsibility before the law
The use of narcotic substances in the Russian Federation can be prescribed by a doctor. As a rule, strong painkillers related to narcotic drugs are prescribed to cancer patients.
There is no criminal responsibility for using narcotic and psychoactive substances without a prescription, only administrative responsibility. For those who use them without a prescription, Article 6.9 of the Administrative Code provides a fine of 4,000 to 5,000 rubles or administrative detention for up to fifteen days. The same sanction is stipulated for refusal to undergo a medical examination.
The fine can be avoided by voluntarily applying to a medical institution for treatment of drug addiction. Someone who voluntarily agrees to undergo social and medical rehabilitation will avoid both the arrest and the fine. To do this, you must come to the drug dispensary, go to the doctor and say: I have a drug addiction, and I want to be cured of it. The doctor will prescribe treatment.
But when you buy psychoactive substances, there will still be problems with the law. These substances don’t come out of thin air. If you want to use them, you have to buy them from someone. Liability for purchase is stipulated by Article 228 of the Criminal Code of the Russian Federation. Its sanctions depend on the weight of the seized substance and the purpose of the purchase. You can get a fine of 40 thousand rubles, or you can get imprisonment for up to 15 years. It all depends on the specific circumstances.
If you bought it for yourself, the punishment will be milder, but if you sell it to others, it will be stricter. The weight of the seized item will be taken into account: whether it falls under the major or especially major size. But whether it’s a narcotic substance or a stimulant that is on the list of prohibited substances will not play a role.
Even if you buy a single dose, you cannot be sure that the seller has weighed the product correctly. To give you an example: a large size for modafinil is anything over 5 grams. If you are confiscated 5.1 grams of it, you may be sentenced to three to ten years in prison and fined up to 500,000 rubles.
You can order modafinil by mail from the country where it is allowed. In this case, the seller will accept the payment and send the purchase, and then he will not bear any responsibility if the sale of modafinil is not prohibited in his country. But the person who receives the package in Russia will have to answer to the law.
Here is an example: the verdict of the Oktyabrsky District Court of Krasnoyarsk on May 20, 2013 in criminal case No. 1-317/2013. A man ordered a little more than 20 grams of modafinil abroad, went to the post office to receive the package – and he was detained. The court took into account that the substance was purchased for personal use, and the buyer pleaded guilty, and applied for a hearing of the criminal case in a special order – this is when the evidence is not examined at the trial and the punishment is assigned to a minimum. As a result, the man was fined. It is not known exactly how much, now these amounts are not published in the verdicts.
But what if you do it yourself?
You might be able to find a recipe for making modafinil online. But I don’t recommend making it yourself, either. The penalty for self-manufacturing such substances is stipulated by Article 228.1 of the Criminal Code of the Russian Federation. Even if you make such substances only for your own use, you could get four to eight years in prison. And that’s assuming that you make everything yourself in small quantities, don’t share the substances with anyone else, and don’t distribute anything.
What to do?
I want to read a book that is banned in Russia. What will I get for it?
But if the production is involved.