Drug possession (Section 178 of the Hungarian Criminal Code) covers anyone who grows, produces, acquires, holds, orders from abroad, brings into, takes out of or transports drugs through Hungary. Hungarian law treats possession for personal use as a criminal offence too – it is not a mere administrative matter. Since 15 June 2025 the basic offence is a felony punishable by two to eight years’ imprisonment, but much milder rules apply to small quantities and to drug use.
Penalties
| Case | Penalty |
|---|---|
| Basic offence (growing, producing, acquiring, holding, ordering from abroad, import, export, transit) | felony, 2–8 years’ imprisonment |
| Small quantity | misdemeanour, up to 2 years’ imprisonment |
| Using drugs, or acquiring or holding a small quantity for personal use | misdemeanour, up to 2 years’ imprisonment |
| Commercially, in a criminal conspiracy or by a public official | 5–10 years’ imprisonment |
| Significant quantity | 5–15 years’ imprisonment |
| Particularly significant quantity | 5–20 years’ imprisonment |
| Adult acting for or by using a minor, or at or near a school or child-welfare institution (Section 179) | 5–10 years’ imprisonment |
| Preparation | up to 3 years’ imprisonment |
Small, significant and particularly significant quantity
The thresholds are set by Section 461 of the Criminal Code on the basis of the pure active substance content, not the gross weight of the seized material. Which category applies is established by a forensic expert.
| Drug | Small quantity (up to) | Significant (more than) | Particularly significant (more than) |
|---|---|---|---|
| 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 |
Diversion: when is a drug user not punished?
Under Section 180, a person who grows, produces, acquires, holds or orders a small quantity of drugs for personal use, or who uses drugs, is not punishable if they
- admit the offence,
- prove with documents, before the first-instance decision, that they took part in at least six months of continuous drug treatment, other drug-use care or a prevention and information programme, and
- since 15 June 2025: before the indictment, disclose the circumstances of the offence or make it possible to identify the person who sold the drug.
Diversion is not available if, within two years before the offence, the person was already diverted or was found guilty of drug possession or trafficking, or if they have already used diversion twice. If diversion is not possible, the court may still reduce the penalty without limit if the person makes it possible to identify the seller before the indictment (except in organised crime cases).
What does the defence look at?
- Quantity and purity. The penalty depends on the pure active substance, so the expert’s laboratory results are often the key evidence.
- Personal use or supply? Packaging, scales, cash, messages and the number of buyers can turn a possession case into drug trafficking – the defence examines this carefully.
- The search and seizure. Whether the search, the seizure and the phone examination complied with the law.
- Diversion. For small quantities, timely planning of the six-month programme can mean no punishment at all.
- Foreign nationals. A conviction can have consequences for residence and future entry; this should be considered from the start.
What to do if you are a suspect
At the suspect interview you may remain silent and ask for your lawyer to be present. In drug cases searches, seizure of phones and, in more serious cases, detention and arrest are common. If a drug test is involved: How long can drugs be detected? If you were driving: Drug-driving in Hungary.
Frequently asked questions
Is drug use a crime in Hungary? Yes. Using drugs, and acquiring or holding a small quantity for personal use, is a misdemeanour punishable by up to two years’ imprisonment, although diversion is often available.
Is cannabis treated differently? No. Cannabis is an illegal drug in Hungary like any other; only the quantity thresholds differ by substance.
What if the drug was for friends too? Handing drugs to others, even free of charge, may qualify as drug trafficking (Section 176), which is punished more severely.
Facing criminal proceedings in Hungary? Call Dr. László-Tamás Benő day or night: +36 70 379 0245. Read more about your defence options: 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 defence lawyer in Budapest. He graduated in law in 2001 (Pázmány Péter Catholic University) and has worked as a defence lawyer since 2002, representing clients in more than 4,000 criminal cases, particularly in drug offences and driving under the influence. Contact →