Possession of Narcotic Substances – Penalty, Minor Case and Defence

Unauthorised possession of narcotic substances is an offence under Article 354a of the Bulgarian Criminal Code. The consequences depend on the substance, quantity, value, purpose, manner of possession and the offender’s circumstances.

What is possession?

Possession means conscious factual control over the substance. It does not require ownership or continuous physical contact. A substance may be kept in clothing, a bag, vehicle, home or another place under the person’s control. The prosecution must prove both control and knowledge.

Personal use and intent to distribute

Personal use does not automatically exclude criminal liability. It is nevertheless relevant to the legal classification and to whether a minor case may be considered. Intent to distribute requires additional proof and cannot be presumed from quantity alone.

Minor case

A minor case is assessed on all circumstances: type, quantity and value of the substance, manner and duration of possession, purpose, conduct and personal circumstances. A small quantity does not automatically guarantee this classification, just as one adverse factor does not automatically exclude it.

What should be checked?

• where and how the substance was found;
• whether the search and seizure were lawful;
• whether possession and knowledge are proved;
• packaging, seals and chain of custody;
• field-test and chemical-examination results;
• quantity, value and evidence concerning purpose;
• possible grounds for a minor case and individual sentencing factors.

Conclusion

The correct classification requires an individual assessment of all evidence. Detention or a positive field test does not itself establish guilt.

This article provides general information and is not legal advice.

For advice, contact attorney Mihail Tomov, Varna Bar Association.

Related topics: Detention in a drug case – rights and first steps and Field test and chemical examination of drugs.