In a drug case two questions almost always decide the outcome: what is the pure active-substance content of the seized material, and what was it for – personal use or passing on to others. It is not the weight of the package that matters but what the forensic chemist measures in the laboratory.
Typical situations
- an ID check or roadside check where a small amount is found in a pocket or in the car;
- a house search where several doses, scales, bags or cash are also found;
- messages on the phone from which the authorities infer supply;
- a festival or party where someone also brought some for friends.
The three quantity categories
| Category | Meaning | Example: amphetamine/methamphetamine | Example: THC (cannabis) |
|---|---|---|---|
| Small | the active substance does not exceed the limit | max. 0.5 g | max. 6 g total THC (or max. 5 plants) |
| Significant | more than twenty times the upper limit of the small quantity | over 10 g | over 120 g |
| Particularly significant | more than two hundred times the upper limit | over 100 g | over 1,200 g |
The limits differ by substance (for example, the upper limit of a small quantity is 2 g for cocaine, 1 g for MDMA and 0.6 g for heroin). The significant and particularly significant categories increase the penalty for trafficking considerably.
What does the defence look at?
- The expert analysis: the sampling, the chain of custody (who packed what, and when) and the measurement of the active substance can all be challenged.
- Use or supply: several doses or scales do not in themselves prove supply; the defence tests the authorities’ conclusions against the facts.
- Diversion: for a small quantity intended for personal use, participation in treatment instead of punishment may be possible under certain conditions.
- The house search and the examination of the phone: if carried out irregularly, the value of the evidence obtained can be challenged.
Frequently asked questions
What counts as a drug? The narcotic drugs, psychotropic substances and new psychoactive substances listed in the annexes of the relevant ministerial decree. For certain offences (for example disorderly conduct, bodily harm or theft) other intoxicating substances also count.
What should I do if I have been arrested? Do not try to explain yourself at the scene; ask for a lawyer. The urine test and your statements may later be decisive.
What is the penalty? It depends on the conduct (use, acquisition, offering, trafficking) and on the quantity.
Facing criminal proceedings in Hungary? Read more about your defence options and what to do next: Drug offences – defence lawyer →
The full text of the relevant provisions of the Hungarian Criminal Code is available on the Hungarian version of this page. This article is for general information only and does not constitute legal advice.
About the author: Dr. László-Tamás Benő is a criminal defense lawyer in Budapest. He graduated in law in 2001 (Pázmány Péter Catholic University) and has worked as a defense lawyer since 2002, representing clients in more than 4,000 criminal cases. Contact →