Drug offenses - Best lawyers

The field of drug offenses in Israel is one of the most complex and dynamic areas of criminal law. The State of Israel, like many countries worldwide, views drugs as a significant threat to public peace, health, and social order. This approach is reflected in strict legislation, primarily the Dangerous Drugs Ordinance [New Version], 1973, which establishes lengthy prison sentences even for offenses considered relatively "minor."However, in recent years we have witnessed trends of change, both in legislation, enforcement policy, and court rulings. There is a growing understanding that not everyone who becomes involved with drugs is a dangerous criminal, and that distinctions must be made between occasional users, addicts who need treatment, and dealers who profit at the expense of others. This complexity, ranging between rigid legislation and a developing rehabilitative approach, requires anyone who finds themselves suspected or accused of a drug offense to understand the system before them and act in a measured and informed manner.Getting entangled with the law in this area can lead to devastating consequences: a criminal record that stains the future, revocation of driving license, damage to employment opportunities, and in serious cases - actual imprisonment for long periods. In these critical moments, the difference between a devastating outcome and ending the affair with minimal damage lies in quick and correct action, and first and foremost - obtaining proper legal representation.The comprehensive information on this page, from LawReviews, is designed to provide you with a clear and up-to-date legal picture in the field of drug offenses in Israel. If you have been charged with a drug offense, you can find here the leading criminal law attorneys - and understand what legal options are available to you.

Part 1: The Legal Foundation - The Dangerous Drugs Ordinance

The central law regulating all drug offenses in Israel is the Dangerous Drugs Ordinance. This ordinance defines what constitutes a "dangerous drug" through a detailed list in the appendix to the ordinance, and establishes a series of prohibitions, the violation of which constitutes a criminal offense.The law prohibits any contact with dangerous drugs without legal authorization (such as a license for medical cannabis use). The prohibitions include, among others:

• Production, preparation, and manufacturing.
• Export and import.
• Trading, supply, and brokering.
• Possession and use.
• Growing drugs (such as cannabis).
• Inducing minors to use drugs.

It is important to understand that the law does not distinguish between types of drugs for the purpose of defining the offense itself (possession of cannabis and possession of heroin are, from the perspective of the charge section, the same offense), but the type and quantity of the drug have a decisive weight in determining the severity of the punishment by the court.

Part 2: Classification of Drug Offenses - From Personal Use Possession to Trafficking

The most significant distinction created by the law is between offenses of personal use and possession, versus offenses of a commercial nature. The differences between the categories are dramatic and affect legal presumptions, burden of proof, and sentencing threshold.

A. Possession and Use for Personal Consumption

This is the most common and lightest offense on the severity scale. The law establishes maximum quantities for different types of drugs, the possession of which will be considered possession for personal consumption, unless proven otherwise. If the seized quantity is below the established threshold, there is a presumption that the drug was intended for personal use.Statutory penalty: Up to 3 years imprisonment.

Examples of "Personal Consumption" Quantities:

• Cannabis or grass: Up to 15 grams.
• Hashish: Up to 15 grams.
• Cocaine: Up to 0.3 grams.
• Heroin: Up to 0.3 grams.
• LSD: Up to 3 units.
• Ecstasy (MDMA): Up to 0.2 grams.

Decriminalization Policy (Cannabis):

It is important to note that in recent years there has been a fundamental change in enforcement policy towards cannabis users. For first and second offenses of cannabis possession for personal consumption, the default is imposing an administrative fine rather than opening criminal proceedings. However, in certain cases (for example, when dealing with a minor or an accompanying offense), the police may still open a criminal file.

B. Possession Not for Personal Consumption (Commercial Possession)

When a person is caught with a quantity of drugs higher than the amount defined for "personal consumption," the law activates a reverse and dangerous presumption: the assumption is that the drug is not held for personal use, but for trading and distribution purposes.

• Statutory penalty: Up to 20 years imprisonment.
• Reversal of burden of proof: In this situation, the burden of proof is reversed. It is not the prosecution that needs to prove that the defendant intended to trade, but the defendant who needs to prove that the large quantity was entirely intended for their personal consumption. This is a difficult and complex legal task, requiring representation by an experienced drug offense attorney who knows how to deal with this presumption.

C. Drug Trafficking, Brokering, and Supply

This is one of the most serious offenses in the ordinance. "Trafficking" is defined very broadly and includes any transaction of buying, selling, or even giving a drug to another person, even without receiving monetary compensation.

• Statutory penalty: Up to 20 years imprisonment.
• Drug brokering: Even someone who only connected a seller to a buyer, and did not touch the drug or money, may be charged with brokering, which is treated the same as trafficking.
• Drug supply: Transferring a drug to another person, even to a friend at a party without profit motive, constitutes a serious "supply" offense, punishable by up to 20 years imprisonment.

D. Growing, Production, and Manufacturing of Drugs

This offense includes any action related to creating the drug, from growing several cannabis plants on a balcony or in a home growing closet (hydro), to operating a sophisticated drug laboratory for producing synthetic drugs. The court views drug cultivation as having "distribution potential" and increases punishment accordingly.

E. Export and Import of Drugs

These offenses are considered among the most serious, as they usually involve advance planning, action as part of a criminal network, and bringing large quantities of drugs into the country's territory. Punishment for drug import is among the most severe in the legal code.

Part 3: The Criminal Process - From Investigation Stage to Court

Dealing with a drug offense charge begins long before reaching court. The initial stages are critical and can affect the entire future of the case.

Arrest and Investigation

The moment a police officer stops you on suspicion of a drug offense is a crucial moment. It is important to know:

• Right to consult with an attorney: This is your most basic and important right. Demand to speak with a drug offense attorney immediately and before giving any version to the police. Do not say anything before receiving legal advice.
• Right to remain silent: You have the right not to incriminate yourself. Anything you say may be used against you.
• Search: The legality of the search conducted on you, your vehicle, or your home is a central issue. An experienced drug offense attorney will examine whether the search was legal. If it turns out the search was conducted illegally, it may be possible to disqualify the seized drugs as evidence, which could lead to the collapse of the entire case.
• Legal proceedings: If the police decide to file an indictment, the case moves to court. Here, the attorney's role becomes even more central. They will manage the defense, examine investigation materials, identify flaws in prosecution evidence, and work toward one of the following options:
  • Cancellation of indictment: In cases where there are significant evidentiary flaws.
  • Plea bargain: Negotiating with the prosecution for a lenient plea bargain, which may include amending the charge section (for example, from possession not for personal consumption to possession for personal consumption) and agreeing on a reduced sentence.
  • Ending the case with "no conviction": In appropriate cases, especially when dealing with defendants without criminal history where the damage from conviction exceeds the public interest, the attorney will work to convince the court to end the case without conviction, thereby preventing the stain of a criminal record.
  • Conducting an evidentiary trial: If no arrangement can be reached, the attorney will represent you in trial and work for your acquittal.

Part 4: Factors Affecting Sentencing

The court does not impose sentences automatically. It considers a wide range of circumstances, and the attorney must present them convincingly:

• Criminal history: The existence or absence of criminal history is a decisive factor.
• Quantity and type of drug: There is a significant difference between a few grams of cannabis and kilograms of cocaine.
• Personal circumstances: Age, marital status, military service, health condition, and contribution to society.
• Rehabilitation process: A defendant who has begun therapeutic and rehabilitative proceedings, and expresses remorse and desire to change their ways, will receive more lenient treatment from the court. Receiving a positive opinion from the probation service can change the fate of the case.
• Confession and cooperation: Taking responsibility at an early stage can positively affect the sentence.

Summary: Don't Face This Alone

Dealing with suspicion or charges for drug offenses is a stressful and threatening experience. Israeli law is strict, and the consequences of criminal proceedings can be far-reaching. However, it is important to remember that filing an indictment is not the final word. The legal system recognizes the complexity of the issue, and with proper guidance and professional legal representation, it is possible to navigate the process and achieve the best possible outcome.The most important thing is not to act hastily and not to face the system alone. Immediate contact with a drug offense attorney, from the initial investigation stage, is the most critical step you can take to protect your rights, your good name, and your future.

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