The Foundation for the Defence of Citizens Against State Abuses has notified the Directorate for the Investigation of Organized Crime and Terrorism (DIICOT) and warns that in its current form, draft law B544/2026 on drugs may provide protection to traffickers and encourage drug use.
FACIAS asks the prosecutors to verify whether the initiators of the draft law B544/2026 on drugs intended for personal consumption have committed acts that meet the conditions of the crime of aiding and abetting the perpetrator, as provided for under art. 269 of the Criminal Code, and of the crime of incitement to the illicit consumption of high-risk drugs, by any means, as provided for under art. 10 of Law no. 143/2000 on the prevention and combating of illicit drug trafficking and consumption.
At the same time, FACIAS requests DIICOT to verify, according to the law, the sources of financing of the initiators of the draft law B544/2026 on drugs intended for personal consumption and to establish whether there are any relevant financial links to any criminal acts associated with the promotion of the draft law.
The draft law B544/2026 on drugs intended for personal use, registered in the Senate on the 5th of October, would replace the criminal penalties for the illegal possession of drugs for personal use with minor fines of between 1,000 and 1,500 lei for risk drugs and between 1,500 and 3,000 lei for high-risk drugs. The draft law proposes the same change for the purchase, cultivation, production and manufacture of drugs for personal use. Currently, for these acts, Law no. 143/2000 on the prevention and combating of illicit drug trafficking and consumption provides for imprisonment from three months to two years or a criminal fine for risk drugs and imprisonment from six months to three years for high-risk drugs.
The proposal would also classify as a misdemeanour the illegal import or export of drugs for personal use. The bill provides for fines of between 1,500 and 2,000 lei for risk drugs and between 2,000 and 3,500 lei for high-risk drugs. The bill provides for doubling the maximum fine in certain situations, for example when the act is committed by a medical professional. Currently, illegal import or export of drugs is punishable by imprisonment of five to 15 years for risk drugs and 10 to 20 years for high-risk drugs, as well as the deprivation of certain rights.
The "Invisible Drug Crisis" barometer, produced by the Alliance for the Common Good (ABC), an initiative of FACIAS, shows the extent of the consequences of drug use in Romania. Institutions reported 6,548 cases or patients under 25 years of age in the medical records. Institutions in 40 counties reported 3,827 people under 25 years of age sent to court in drug-related cases, and those in 30 counties reported 477 people in the same age category who ended up in prison. Separately, national data for 2023 indicate 3,089 medical emergencies associated with drug use and 34 deaths, of which 25 caused by overdoses, across all age groups.
FACIAS requests that DIICOT prosecutors carry out the requested verifications and determine whether there are any facts that incur criminal liability for the initiators of the draft law on the decriminalization of drugs.