Milder reactions to addicts' possession of drugs for own use
Supreme Court judgment 8 April 2022, HR-2022-732-A, (case no. 21-159964STR-HRET), criminal case, appeal against judgment.
The Public Prosecution Athority (Counsel Alf Butenschøn Skre) v. A (Counsel Jon Anders Hasle)
The penalty for violation of section 231 subsection 1 of the Penal Code – storage of just under seven grams of heroin for personal use – was 24 days of suspended imprisonment. The convicted person was a heavy addict, and the Supreme Court found that the legislative signals related to the proposed drug reform had to be given considerable weight in this case as well, although the amount of heroin exceeded the recommended limit of five grams drawn up in HR-2022-731-A. It was also stated that for addicts' dealings with heroin for personal use that only modestly exceeds the five-gram limit, the general reaction should from now on be a short suspended prison sentence.
Key paragraphs: 15, 16, 19
Area of law: Criminal law. Section 231 of the Penal Code, section 31 subsection 2, cf. section 24 subsection 1 of the Medicine Act. Sections 61, 34 and 48 of the Penal Code.
Justices: Skoghøy, Webster, Kallerud, Bergsjø, Steinsvik