Article 6 point 9 of the Code of Administrative Offenses of the Russian Federation. What are the consequences for me and my family for Art.6.9. All legal consultations are free.

New edition Art. 6.9 Administrative Code of the Russian Federation

1. Consumption of narcotic drugs or psychotropic substances without a doctor's prescription or new potentially dangerous psychoactive substances, except as provided, or failure to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication by a citizen in respect of whom there are sufficient grounds to believe that he has consumed narcotic drugs or psychotropic substances without a doctor's prescription or new potentially dangerous psychoactive substances, -

shall entail the imposition of an administrative fine in the amount of four thousand to five thousand rubles or an administrative arrest for a term of up to fifteen days.

2. The same action committed by a foreign citizen or a stateless person, -

shall entail the imposition of an administrative fine in the amount of four thousand to five thousand rubles with administrative expulsion from the Russian Federation or administrative arrest for a term of up to fifteen days with administrative expulsion from the Russian Federation.

Note. A person who voluntarily applied to a medical organization for treatment in connection with the consumption of narcotic drugs or psychotropic substances without a doctor's prescription is exempted from administrative liability for this offense. A person, duly recognized as a drug addict, may, with his consent, be sent to medical and (or) social rehabilitation and, in this regard, is released from administrative responsibility for committing offenses related to the consumption of narcotic drugs or psychotropic substances. This note applies to administrative offenses provided for by Part 2 of Article 20.20 of this Code.

Commentary on Article 6.9 of the Code of Administrative Offenses of the Russian Federation

1. Illicit consumption of narcotic drugs or psychotropic substances means the consumption of narcotic drugs or psychotropic substances without a doctor's prescription.

Based on Article 40 of the Federal Law of January 8, 1998 N 3-FZ (as amended on October 25, 2006) "On Narcotic Drugs and Psychotropic Substances", the consumption of narcotic drugs or psychotropic substances without a doctor's prescription is prohibited in the Russian Federation, while the general procedure for dispensing narcotic drugs and psychotropic substances to individuals is enshrined in Article 25 of this Law. Order of the Ministry of Health and Social Development of the Russian Federation of May 13, 2005 N 330 approved the List of positions of medical and pharmaceutical workers, as well as organizations and institutions that are granted the right to dispense narcotic drugs and psychotropic substances to individuals, registered with the Ministry of Justice of the Russian Federation on June 10, 2005 N 6711. The above persons include: head of a pharmacy organization; deputy head of the pharmacy organization; head of the department of the pharmacy organization; deputy head of the department of the pharmacy organization; pharmacist of a pharmacy organization; pharmacy pharmacist.

Inducement to the consumption of narcotic drugs or psychotropic substances, or organization, maintenance of dens for the consumption of narcotic drugs or psychotropic substances, etc., contains a crime within the framework of Articles 232 and others of the Criminal Code.

2. The exceptions contained in this article are the cases provided for, that is, the consumption of narcotic drugs or psychotropic substances without a doctor's prescription or the consumption of other intoxicating substances on the streets, stadiums, squares, parks, in a public vehicle, in other public places, as well as Art. 20.22 - the appearance of minors under the age of sixteen in a state of intoxication, as well as their drinking of alcoholic and alcohol-containing products, their consumption of narcotic drugs or psychotropic substances without a doctor's prescription, other intoxicating substances on the streets, stadiums, in squares, parks, in a public vehicle use, in other public places (see comments to the specified articles of the Code of Administrative Offenses).

3. When this offense is committed, it is possible to release a person from administrative responsibility in the following cases: when a person voluntarily applies to a medical institution for treatment, as well as when a person is sent with his consent for medical and social rehabilitation to a medical institution.

5. Cases of administrative offenses are considered by judges on the basis of procedural documents (see and).

6. The object of the offense under consideration is the health of citizens, the established procedure for the circulation of narcotic drugs, psychotropic substances and their analogues, and public order.

The objective side of the offense is illegal actions expressed in the illegal consumption of narcotic drugs or psychotropic substances without a doctor's prescription.

The subject of the offense are individuals who have reached the age of sixteen.

The subjective side of the act is expressed in the form of direct intent.

Another commentary on Art. 6.9 of the Code of the Russian Federation on Administrative Offenses

1. The object of this offense is the health of citizens, public order. In addition, since the consumption of narcotic drugs and psychotropic substances contributes to the commission of various kinds of offenses, an additional object is the established public order.

According to Article 40 of the Federal Law of January 8, 1998 "On Narcotic Drugs and Psychotropic Substances", the consumption of narcotic drugs or psychotropic substances without a doctor's prescription is prohibited in the Russian Federation. Consequently, the subject of encroachment is the rules of consumption of narcotic drugs or psychotropic substances established by the rules of law.

2. The objective side of the offense is expressed in the illegal consumption of narcotic drugs or psychotropic substances, i.e. their consumption without a doctor's prescription.

3. The subject of the offense are persons who have reached the age of sixteen.

4. From the subjective side, the act is characterized by intent.

In accordance with Article 44 of the above-mentioned Law, a person in respect of whom there are grounds to believe that he has consumed a narcotic drug or psychotropic substance without a doctor's prescription may be sent for a medical examination.

The footnote to the article indicates the grounds for exemption from administrative liability, despite the presence of an offense. Such grounds are: a) voluntary treatment of a person in a medical institution for treatment in connection with the consumption of narcotic drugs or psychotropic substances without a doctor's prescription; b) referral of a person, in accordance with the established procedure, recognized as a drug addict, with his consent for medical and social rehabilitation to a medical institution.

• Up

A citizen turned to me when the materials of the administrative proceedings had already been submitted to the court for a decision. This citizen was attracted under Part 1 of Art. 6.9 of the Code of Administrative Offenses of the Russian Federation, i.e. the use of drugs without the permission of a doctor.

I came to court, got acquainted with the materials. The UFSKN employees did not bother themselves, and the material consisted of four leaflets:

1. accompanying;
2. a protocol on an administrative offense;
3. protocol of medical examination;
4. information about the research.

According to medical documents, cannabinoids were found in the urine of my "comrade".
Employees of the drug cortel, in the protocol make a reference to Art. 44 of the Federal Law "On Narcotic Drugs". I opened the law and I see that employees really have the right to send for a medical examination, however, in accordance with part 3 of this article, before sending for such an examination, they must make a decision, and a copy must be handed over to the person who, in accordance with part 4 of the same article has the right to appeal against it. However, in the materials provided to the court, there was no decision even close.

Based on this, due to the fact that a copy of the decision was not handed to the citizen, as a result of which he could not appeal against it, therefore, his right to protection, provided for by Art. 46 of the Constitution of the Russian Federation.

Further, it was stated in court that the disposition of this article provides for liability for the consumption of narcotic drugs precisely without a doctor's prescription. However, when I studied the case, as well as when the case was examined by the court, there were no documents confirming the ABSENCE of such permission in the materials.

I think that a certificate from the local doctor and from the narcological dispensary would be enough that such and such a citizen does not receive treatment with the use of drug-containing drugs and preparations.
However, either laziness, or sloppiness and connivance did not allow the employees of the Federal Drug Control Service to provide the court with such information. And then I, the court, provided a link to Part 2 of Art. 49 of the Constitution of the Russian Federation and art. 1.5 of the Code of Administrative Offenses of the Russian Federation, according to which a citizen is not required to prove his innocence.

The judge, very thoughtful, and postponed the meeting in order to call the officer of the Federal Drug Control Service, who compiled the protocol, to interrogate him as a witness. During the interrogation of which, of course, everything was smooth, all decisions and directions were. True, now they are stored (for some reason) in the duty unit. The offense itself (note) was May 30, 2013.

Having failed to get anything worthwhile from the witness, the judge decided to correct the “jambs” himself and collect the missing evidence, and sent requests to the Federal Drug Control Service, a drug treatment dispensary. Postponing the next meeting.

And I, in my head, had thoughts: that under this article, citizens who consume drugs without the permission of a doctor are held liable. That is, there are drugs containing narcotic drugs, or drugs that are drugs in themselves and which are prescribed by a doctor.

However, if a citizen consumes drugs that the doctor does not have the right to prescribe, and cannot give such permission. It turns out that a citizen does not need permission to consume such drugs. Because the doctor can only prescribe legal drugs. It follows from this that the citizen simply illegally consumes drugs. And for illegal consumption of narcotic drugs, the law does not provide for liability.

The next court session is scheduled for July 26, 2013. I will inform you about the results later.

Article 6.9.1. Avoidance of undergoing diagnostics, preventive measures, treatment for drug addiction and (or) medical and (or) social rehabilitation in connection with the consumption of narcotic drugs or psychotropic substances without a doctor's prescription Avoidance of undergoing treatment for drug addiction or medical and (or) social rehabilitation by a person exempted from administrative responsibility in accordance with the note to Article 6.9 of this Code, or evasion from undergoing diagnostics, preventive measures, treatment for drug addiction and (or) medical and (or) social rehabilitation by a person who is obliged by the court to undergo diagnostics, preventive measures, drug addiction treatment and (or) medical and (or) social rehabilitation in connection with the consumption of narcotic drugs or psychotropic substances without a doctor's prescription - shall entail the imposition of an administrative fine in the amount of four thousand to five thousand rubles or administrative arrest for a term of up to thirty days . Note. A person is considered to be evading diagnostics, preventive measures, treatment for drug addiction and (or) medical and (or) social rehabilitation in connection with the consumption of narcotic drugs or psychotropic substances without a doctor's prescription, if he does not attend or voluntarily left a medical organization or social rehabilitation institution or failed to comply more than twice with the prescription of the attending physician.

Legal advice under Art. 6.9.1 Administrative Code of the Russian Federation

Vladislav Vyshegradsky

I was sent for a diagnosis of drug use, how many days do I have to not go?

Zinaida Pavlova

They registered with a narcologist for refusing to be examined, eight months ago, the analysis was negative, now a subpoena has arrived, they want to deprive them of their rights, what to do?

• Question answered by phone

Ekaterina Denisova

Hello! How do I get rid of 6.9.1 if I don't want to go to the hospital, it's a coercion

• Question answered by phone

• Question answered by phone

Tatyana Ilyina

How fast does addiction develop? Please give a more detailed answer that is not short.

• damn! she does not smoke! this is homework on zozhu))) Xdd)

Irina Popova

methadone program.

• In recent years, more and more persistently, they are trying to impose on our society the technology that came from the West to "treat" drug dependence on opiates with the help of ... the same drugs, in particular - methadone. The idea is not new at all, but ...

Leonid Avakin

The question is I use narcotic substances (Grass) if the police cover me, will I get a term for storage ????

• Lawyer's response:

• Roman Turyak

  Is there any responsibility for taking drugs in Russia?. Is there any criminal or other liability for taking drugs in Russia? what happens if during the check it turns out that a person who is already 18 is taking drugs? Does the type of responsibility for taking drugs differ from the type of drugs? for example, according to the law, does a person still take soft drugs or hard ones? Thank you :-)

  • Lawyer's response:

    Yes, the Russian Federation provides for liability for the use of narcotic substances Article 6.9. Consumption of narcotic drugs or psychotropic substances without a doctor's prescription Consumption of narcotic drugs or psychotropic substances without a doctor's prescription, with the exception of cases provided for by Part 3 of Article 20.20, Article 20.22 of this Code - up to fifteen days. Note. A person who voluntarily applied to a medical institution for treatment in connection with the consumption of narcotic drugs or psychotropic substances without a doctor's prescription is released from administrative liability for this offense. A person who is recognized as a drug addict in accordance with the established procedure may, with his consent, be sent for medical and social rehabilitation to a medical institution and, in this regard, is exempted from administrative liability for committing offenses related to the consumption of narcotic drugs or psychotropic substances. Unfortunately, only administrative. Good luck

1. Consumption of narcotic drugs or psychotropic substances without a doctor's prescription or new potentially dangerous psychoactive substances, with the exception of cases provided for by paragraph 2 of Article 20.20, Article 20.22 of this Code, or failure to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication by a citizen, in in relation to whom there are reasonable grounds to believe that he or she has consumed narcotic drugs or psychotropic substances without a doctor's prescription, or new potentially dangerous psychoactive substances, -

Judicial practice and legislation - Code of Administrative Offenses of the Russian Federation. Article 6.9. Consumption of narcotic drugs or psychotropic substances without a doctor's prescription or new potentially dangerous psychoactive substances

Judge of the Supreme Court of the Russian Federation Merkulov V.P., having considered the complaint of Usmonov C.M. against the decision of the judge of the Nizhnekamsk City Court of the Republic of Tatarstan of September 25, 2014, the decision of the judge of the Supreme Court of the Republic of Tatarstan of October 8, 2014 N 7-1064 / 2014 and the decision of the Deputy Chairman of the Supreme Court of the Republic of Tatarstan of December 31, 2014 N P4a-1575, which entered into force, rendered against Usmonov C.M. (hereinafter - Usmonov S.M.) in the case of an administrative offense provided for by Part 2 of Article 6.9 of the Code of Administrative Offenses of the Russian Federation,