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Hungary Proposes Strict Drug Legislation to Combat Substance Abuse

Hungary Proposes Strict Drug Legislation to Combat Substance Abuse

The Hungarian government introduces rigorous measures to eradicate drug trafficking and usage in a comprehensive legislative package.
The Hungarian government has positioned itself against drug use with a declaration of zero tolerance, announcing a series of legislative modifications aimed at enhancing drug regulation.

This initiative includes amendments to the police act, laws on the handling of health data, the organized crime act, and the penal code.

László Horváth, the government commissioner responsible for eradicating drug trafficking, reported that the objective is to eliminate the use, distribution, and promotion of illegal psychoactive substances.

The proposed legislation describes drugs as severely harmful to health, leading to fatalities and associated with crime, accidents, and broader declines in public safety.

It specifically notes that the spread of psychoactive substances is increasingly threatening more individuals, including younger populations and even children.

The proposed amendments would allow police to detain individuals under altered states of consciousness, particularly those who exhibit behavior that harasses others or significantly disrupts public peace.

The maximum detention period is set at 72 hours, during which individuals would be placed in police custody or detox facilities, ending only upon a medical professional's declaration that further health care is unnecessary or if a criminal procedure is initiated.

According to Prime Minister Viktor Orbán, who spoke during a visit to Tarnazsadány, a region impacted by synthetic drugs, the government will intensify its efforts against drug production, distribution, and usage, emphasizing the protection of children from these substances.

A new preventive measure has been proposed for cases of drug consumption or possession, which would introduce a three-month oversight order issued by the prosecutor, extendable once, but not affecting personal movement freedom—merely requiring check-ins and passive cooperation.

However, this measure would not apply to military personnel or minors.

The amendments would alter the classification of drugs in Hungarian law to include not only traditional narcotics but also newly identified psychoactive substances and other mind-altering substances not intended for human consumption.

Changes to the penal code stipulate that individuals convicted of drug trafficking as recidivists will not be eligible for parole, expanding the scope of individuals deemed repeat offenders beyond those convicted of violent crimes.

Additionally, the legislative package would allow for the confiscation of vehicles, tools, and properties used in drug trafficking or production.

Certain offenses, such as murder and bodily harm, would be categorized with a new aggravated characteristic if committed in connection to drug-related activities.

The proposal introduces the possibility of expelling drug dealers from specific municipalities or even entire counties for up to five years.

Furthermore, a new statute titled "abuse of psychoactive substances" would criminalize the offer, transfer, or sale of substances not classified as drugs, punishable with up to two years in prison if made available to more than ten individuals, increasing the penalty to three years in cases involving broader distribution.

Drug consumers who provide information about their dealers would have the possibility of reduced penalties, while access to diversion programs would be restricted to those willing to disclose details about their offenses.

In amendments to health data regulations, medical professionals would be obligated to inform legal guardians when a minor is found to be under the influence of drugs during treatment.

The legislative changes would also expand the authority of local clerks to temporarily shut down businesses involved in drug-related activities, requiring businesses that have committed drug offenses within a year to face closure for at least six months, with visible notifications posted at their entrances.
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