Warning: Hungarian drug law is very strict

• In Hungary even using drugs is a criminal offence, not only possession.
• Even a small quantity for personal use is punishable by up to 2 years’ imprisonment.
• The rules became stricter on 15 June 2025: basic possession is now punishable by 2 to 8 years’ imprisonment, and the diversion programme (elterelés) can be used at most twice and only if the person discloses the circumstances of the offence and enables the seller to be identified.
• Many young foreigners get into this situation at festivals or on holiday in Hungary without knowing these rules.

What penalty can you face?

Drug possession (Section 178 of the Hungarian Criminal Code)

• Cultivation, production, acquisition, possession, bringing into the country: 2 to 8 years’ imprisonment
• Small quantity: up to 2 years’ imprisonment
• Use, or acquiring and possessing a small quantity for use: up to 2 years’ imprisonment
• On a commercial basis (üzletszerűen) or in a criminal conspiracy: 5 to 10 years
• Significant quantity: 5 to 15 years; particularly significant quantity: 5 to 20 years

Drug trafficking (Section 176 of the Hungarian Criminal Code)

• Offering, supplying, distributing, dealing: 2 to 8 years’ imprisonment
• Offering or supplying a small quantity: up to 2 years’ imprisonment
• In a criminal conspiracy: 5 to 10 years
• Significant quantity: 5 to 20 years or life imprisonment

If minors are involved or the offence takes place in or near a school, the penalties are even higher.

What counts as a small, significant or particularly significant quantity?

The thresholds are set by Section 461 of the Hungarian Criminal Code based on the pure active ingredient content of the seized substance, not its total weight. For compounds in salt form the content calculated in base form counts, and for THC the total THC (pure and acid form combined). A quantity is significant if it exceeds 20 times, and particularly significant if it exceeds 200 times the upper limit of a small quantity.

Drug	Small quantity (up to)	Significant (over)	Particularly significant (over)
THC (cannabis, hashish), total THC	6 g	120 g	1,200 g
Cannabis plants	5 plants	100 plants	1,000 plants
Cocaine	2 g	40 g	400 g
Amphetamine, methamphetamine	0.5 g	10 g	100 g
MDMA (ecstasy), ketamine	1 g	20 g	200 g
Heroin	0.6 g	12 g	120 g
Mephedrone, methylone, 4-MEC	1.5 g	30 g	300 g
LSD	0.001 g	0.02 g	0.2 g
Psilocybin (magic mushrooms)	0.1 g	2 g	20 g
GHB	7.5 g	150 g	1,500 g
GBL	6.2 g	124 g	1,240 g
Synthetic cannabinoids (e.g. AB-CHMINACA, AB-FUBINACA)	0.05 g	1 g	10 g

Example: 20 grams of cannabis with 15% total THC contains 3 grams of THC, which is a small quantity. 50 grams of the same product, however, contains 7.5 grams of THC, which is no longer a small quantity, so diversion is no longer available and the penalty is much higher.

For drugs on the lists of Interior Ministry Decree 78/2022 that are not in the table, a small quantity is up to 7 times the average effective dose for a non-habituated user; the quantity is significant above 140 times and particularly significant above 1,400 times that dose. For new psychoactive substances (Annex 3 of the decree), the small-quantity limit is between 0.1 and 2 grams depending on the group of compounds.

What is diversion (elterelés)?

A person who grows, acquires or possesses a small quantity of drugs for personal use, or who uses drugs, is not punished if they:

• admit the offence;
• prove with documents, before the first-instance judgment, that they have taken part in treatment, other care or a prevention and information programme continuously for at least six months;
• disclose the circumstances of the offence and enable the seller to be identified before the indictment.

Diversion is not available if you have used it or been convicted of a drug offence in the previous two years, or if you have already used it twice. If it may be possible in your case, discuss it with a lawyer before your first interview.

What happens after you are caught?

• Search: of your person, car or home, often with your phone being seized.
• Tests: urine or blood test and expert analysis of the seized substance. The active ingredient content determines whether the quantity is small, significant or particularly significant.
• Suspect interview: you have the right to an interpreter. In dealing cases this is often followed by custody and an application for pre-trial detention (what to do).

What should you do now?

• Do not make a statement without a lawyer: because of the conditions for diversion, your statements carry particular weight.
• Ask for an interpreter in your own language.
• Ask for a copy of the search and seizure records.
• If a family member has been detained in Hungary, find out where they are being held and call us immediately.

How we help

• We explain every document and every step of the procedure in English
• We attend your interview and assess whether and under what conditions diversion is available to you
• We check the expert analysis of the substance (quantity, active ingredient content)
• We check whether the search and seizure were lawful
• In case of custody or arrest, we fight for your release
• We represent you in court, including on appeal

Frequently asked questions

Can I be punished just for using drugs?

Yes. In Hungary drug use is a criminal offence; for a small quantity the penalty is up to 2 years’ imprisonment.

Can I avoid a penalty?

For a small quantity for personal use, through diversion: you must admit the offence, take part in treatment or a prevention programme for at least six months and enable the seller to be identified before the indictment. This option can be used at most twice. Speak to a lawyer before making any statement.

I live abroad. Who will try my case?

An offence committed in Hungary is dealt with by the Hungarian authorities. We can represent you and keep you informed in English.

---

Call us now, day or night

Dr. László-Tamás Benő: +36 70 379 0245

Office: Falk Miksa utca 4, mezzanine 4, 1055 Budapest (by appointment only)

See also: Detained or arrested in Hungary · Drink-driving · Hungarian version