RUSSIAN FEDERATION

FEDERAL ACT

On narcotic drugs and psychotropic substances

Adopted by the State Duma on 10 December 1997

Approved by the Federation Council on 24 December 1997

This Federal Act establishes the legal bases of State policy governing trade in

narcotic drugs and psychotropic substances and prevention of illicit trafficking

therein for the purposes of protecting public health, State security and public

safety.

Chapter I. General Provisions Article 1. Basic concepts

For the purposes of this Federal Act, the following basic concepts are used: "Narcotic drugs"

means any substance of synthetic or natural origin, preparation or plant included in the

Schedule of narcotic drugs, psychotropic substances and their precursors controlled in the

Russian Federation pursuant to its legislation and to the international agreements to which

it is party, including the Single Convention on Narcotic Drugs, 1961; "Psychotropic substances"

means any substance of synthetic or natural origin, preparation or natural material included

in the Schedule of narcotic drugs, psychotropic substances and their precursors controlled

in the Russian Federation pursuant to its legislation and to the international agreements to

which it is party, including the Convention on Psychotropic Substances, 1971; "Precursor of narcotic drugs and psychotropic substances" (hereinafter referred to as "precursor")

means any substance frequently used in the production, manufacture and processing of

narcotic drugs and psychotropic substances included in the Schedule of narcotic drugs and

psychotropic substances and their precursors controlled in the Russian Federation pursuant

to its legislation and to the international agreements to which it is party, including the

United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic

Substances, 1988; "Analogue of narcotic drugs and psychotropic substances"

means any substance of synthetic or natural origin subject to a trading prohibition in the

Russian Federation which is not included in the Schedule of narcotic drugs, psychotropic

substances and their precursors controlled in the Russian Federation and whose chemical

structure and properties is similar to the chemical structure and properties of the narcotic

drug or psychotropic substance whose psychoactive effects it mimics; "Preparation"

means any mixture of substances in any physical state containing one or more narcotic

drugs or psychotropic substances included in the Schedule of narcotic drugs, psychotropic

substances and their precursors controlled in the Russian Federation; "Trade in narcotic drugs, psychotropic substances and their precursors"

means the cultivation of plants; and the development, production, manufacture,

processing, storage, transport, shipment, dispatch, sale, distribution, purchase, utilization,

import or export into or out of the customs territory of the Russian Federation, or

destruction of narcotic drugs, psychotropic substances and their precursors permitted and

controlled pursuant to the legislation of the Russian Federation; "Illicit trafficking in narcotic drugs, psychotropic substances and their precursors"

means trade in narcotic drugs, psychotropic substances and their precursors carried out in

violation of the legislation of the Russian Federation; "Production of narcotic drugs and psychotropic substances"

means any action aimed at the serial production of narcotic drugs or psychotropic

substances from chemical substances and/or plants; "Manufacture of narcotic drugs and psychotropic substances"

means any actions resulting in the production, from narcotic drugs, psychotropic

substances or their precursors, of forms of narcotic drugs or psychotropic substances or of

substances containing their medicinal elements which are ready for use and consumption; "Processing of narcotic drugs and psychotropic substances"

means any action resulting in the refining of (elimination of impurities from) preparations

and increasing of concentrations of narcotic drugs or psychotropic substances therein or the

production therefrom of substances that are not themselves narcotic drugs or psychotropic

substances; "Distribution of narcotic drugs and psychotropic substances"

means any action as a result of which, pursuant to the regulations established by the

Government of the Russian Federation, specific corporate bodies obtain in quantities pre-

established for them specific narcotic drugs or psychotropic substances for the purpose of

conducting trade therein; "Import (export) of narcotic drugs, psychotropic substances and their precursors " (hereinafter

referred to as "import (export) ")

means the transfer of narcotic drugs, psychotropic substances and their precursors from

the customs territory of a foreign State into the customs territory of the Russian Federation

or from the customs territory of the Russian Federation into the customs territory of a

foreign State; "Drug dependence"

means a pathological condition caused by dependence on narcotic drugs or psychotropic

substances; "Drug-dependent person"

means a person who, on the basis of a medical examination conducted pursuant to this

Federal Act, is diagnosed as suffering from "drug dependence"; "Illicit use of narcotic drugs or psychotropic substances"

means the consumption of narcotic drugs or psychotropic substances without a physician’s

prescription;

"State quotas for narcotic drugs and psychotropic substances" (hereinafter referred to as "State quotas ")

means quotas for narcotic drugs and psychotropic substances established by the

Government of the Russian Federation pursuant to the international agreements to which

the Russian Federation is party on the basis of a calculation of its requirements for narcotic

drugs and psychotropic substances for the purposes of conducting trade therein.

Article 2. Schedule of narcotic drugs, psychotropic substances and

their precursors controlled in the Russian Federation

1. Narcotic drugs, psychotropic substances and their precursors controlled in the Russian

Federation shall be included in the Schedule of narcotic drugs, psychotropic substances and

their precursors controlled in the Russian Federation (hereinafter referred to as the

"Schedule") and, depending on the control measures applied by the State, shall also be

included in the following lists:

- List of narcotic drugs and psychotropic substances whose trade is prohibited in the

Russian Federation pursuant to its legislation and to the international agreements to which

it is party (hereinafter referred to as "List I");

- List of narcotic drugs and psychotropic substances whose trade in the Russian Federation

is restricted and in respect of which control measures are established pursuant to the

legislation of the Russian Federation and to the international agreements to which it is party

(hereinafter referred to as "List II");

- List of psychotropic substances whose trade in the Russian Federation is restricted and in

respect of which exemptions are permitted from certain control measures pursuant to the

legislation of the Russian Federation and to the international agreements to which it is party

(hereinafter referred to as "List III");

- List of precursors whose trade in the Russian Federation is restricted and in respect of

which control measures are established pursuant to the legislation of the Russian

Federation and to the international agreements to which it is party (hereinafter referred to

as "List IV").

2. The Schedule shall be subject to approval by the Government of the Russian Federation

upon its submission by the federal organ of executive power for public health and the

federal organ of executive power for internal affairs. The Schedule shall be published

officially pursuant to the legislation of the Russian Federation.

3. Procedures for introducing amendments and additions in the Schedule shall be

established by the Government of the Russian Federation.

4. Similar control measures shall be envisaged for preparations as those established for the

narcotic drugs and psychotropic substances contained therein.

5. In the case of preparations containing small quantities of the narcotic drugs,

psychotropic substances and their precursors included in Lists II, III or IV, which

accordingly present a negligible danger or no danger of abuse and from which the

aforementioned drugs or substances are not easily amenable to diversion, exemptions may

be envisaged to certain control measures established by this Federal Act. Procedures for the

application of control measures to the aforementioned preparations shall be established by

the Government of the Russian Federation.

6. The federal organ of executive power for public health shall establish the maximum

permissible quantity of narcotic drugs, psychotropic substances or their precursors that

may be contained in the preparations referred to in paragraph 5 of this article.

Article 3. Legislation of the Russian Federation on narcotic drugs, psychotropic substances and their precursors

1. The legislation of the Russian Federation on narcotic drugs, psychotropic substances and

their precursors consists of the present Federal Act, other federal acts and other regulatory

legal enactments of the Russian Federation adopted pursuant thereto.

2. If provisions differing from those foreseen by this Federal Act are established by an

international agreement to which the Russian Federation is party, the provisions of such

international agreement shall prevail.

Article 4. State policy governing trade in narcotic drugs and psychotropic substances and prevention of illicit trafficking therein

1. State policy governing trade in narcotic drugs and psychotropic substances and

prevention of illicit trafficking therein is aimed at establishing strict control over trade in

narcotic drugs and psychotropic substances, at progressively reducing the number of drug-

dependent persons and at reducing the number of violations of the law related to illicit

trafficking in narcotic drugs and psychotropic substances.

2. State policy governing trade in narcotic drugs and psychotropic substances and

prevention of illicit trafficking therein is founded on the following principles:

- The existence of a State monopoly of the main types of activity connected with trade in

narcotic drugs and psychotropic substances;

- Licensing of all types of activity connected with trade in narcotic drugs and psychotropic

substances;

- Coordination of activities undertaken by federal organs of executive power, organs of

executive power of subjects of the Russian Federation and organs of local self-government;

- Assigning of priority to measures to prevent drug dependence and violations of the law

related to illicit trafficking in narcotic drugs and psychotropic substances, and promotion of

public information activities aimed at drug control;

- State support for scientific research aimed at developing new drug-dependence

therapeutic techniques;

- Involvement of non-State organizations and the public in efforts to curb the spread of

drug dependence and to develop the network of medico-social establishments for the

rehabilitation of drug-dependent persons;

- Development of multilateral and bilateral international cooperation in the prevention of

illicit trafficking in narcotic drugs and psychotropic substances.

Article 5. State monopoly of the main types of activity related to trade in narcotic drugs and psychotropic substances

1. In the Russian Federation, the State shall have a monopoly of the main types of activity

related to trade in narcotic drugs and psychotropic substances, namely the cultivation of

plants; and the development, processing, distribution, import (export) and destruction of

narcotic drugs and psychotropic substances.

2. The types of activity specified in paragraph 1 of this article, together with the production

of narcotic drugs or psychotropic substances included in List II, shall be undertaken by

unitary State enterprises and State establishments only, in conformity with the provisions

of this Federal Act and other regulatory legal enactments of the Russian Federation adopted

pursuant thereto.

3. The manufacture of narcotic drugs or psychotropic substances included in List II shall be

undertaken by unitary State or municipal enterprises and State establishments in

accordance with the provisions of this Federal Act and other regulatory legal enactments of

the Russian Federation adopted pursuant thereto.

4. Violation of the State monopoly of the types of activity specified in paragraphs 1 to 3 of

this article shall entail liability to prosecution pursuant to the legislation of the Russian

Federation.

5. The production and manufacture of psychotropic substances included in List III and of

preparations referred to in article 2, paragraph 5, of this Federal Act shall be carried out by

enterprises and establishments of whatsoever form of ownership in conformity with the

provisions of this Federal Act and other regulatory legal enactments of the Russian

Federation adopted pursuant thereto.

6. The manufacture of medical drugs not included in Lists II or III and containing small

quantities of preparations referred to in article 2, paragraph 5, of this Federal Act shall be

carried out by enterprises and establishments of whatsoever form of ownership in

conformity with the provisions of this Federal Act and other regulatory legal enactments of

the Russian Federation adopted pursuant thereto.

Chapter II.

Organizational framework for activities related to trade in narcotic

drugs and psychotropic substances and to prevention of illicit

trafficking therein

Article 6. Organs specially authorized to fulfil functions related to trade in narcotic drugs and psychotropic substances and to

prevention of illicit trafficking therein

1. With a view to the implementation of State policy governing trade in narcotic drugs and

psychotropic substances and prevention of illicit trafficking therein, the President of the

Russian Federation or the Government of the Russian Federation shall authorize specially

created federal organs or other federal organs of executive power to fulfil functions related

to trade in narcotic drugs and psychotropic substances and to prevention of illicit trafficking

therein.

2. Subjects of the Russian Federation may establish corresponding organs specially

authorized to fulfil functions related to trade in narcotic drugs and psychotropic substances

and to prevention of illicit trafficking therein.

Article 7. Regulation of activities related to trade in narcotic drugs

and psychotropic substances and to prevention of illicit trafficking therein

1. Responsibility for the legal regulation of activities related to trade in narcotic drugs and

psychotropic substances and to prevention of illicit trafficking therein shall be vested in

federal organs of executive power, within the limits of their competence.

2. Federal organs of executive power, organs of executive power of subjects of the Russian

Federation, organs of local self-government and organs specially authorized to fulfil

functions related to narcotic drugs and psychotropic substances and to prevention of illicit

trafficking therein shall, within the limits of their competence, take measures to ensure

execution of the legislation of the Russian Federation on narcotic drugs, psychotropic

substances and their precursors.

3. Non-State organizations and associations shall not be entitled to engage in regulation of

activities related to trade in narcotic drugs or psychotropic substances or to prevention of

illicit trafficking therein.

Article 8. General provisions governing activities related to narcotic

drugs and psychotropic substances

1. Trade in narcotic drugs and psychotropic substances in the territory of the Russian

Federation shall be carried out only for the purposes of and in conformity with the

provisions of this Federal Act and of the regulatory legal enactments of the Russian

Federation adopted pursuant thereto.

2. All types of activity related to trade in narcotic drugs and psychotropic activities in the

territory of the Russian Federation shall be carried out in conformity with the legislation of

the Russian Federation and with the international agreements to which it is party only upon

receipt of a licence for the specific type of activity in question and of a licence for the use of

facilities and premises in which activities related to trade in narcotic drugs and psychotropic

substances are carried out. Regulations governing the issuance of the aforesaid licences

shall be established by the Government of the Russian Federation.

3. The Government of the Russian Federation shall establish regulations governing the

authorization of persons to engage in work involving narcotic drugs and psychotropic

substances.

4. The Government of the Russian Federation shall draw up a list of specially controlled

types of instrumentation and equipment used in the production and manufacture of narcotic

drugs and psychotropic substances (hereinafter referred to as "instruments or equipment"),

together with regulations for their development, production, manufacture, storage,

transport, shipment, dispatch, sale, distribution, purchase, utilization, import into or export

out of the customs territory of the Russian Federation, and destruction.

Chapter III.

Special provisions applicable to licensing in relation to trade in

narcotic drugs and psychotropic substances

Article 9. Main licensing requirements in relation to trade in narcotic

drugs and psychotropic substances

1. The following types of activity related to trade in narcotic drugs and psychotropic

substances in the Russian Federation shall be included in the lists of types of activity for

which a licence shall be required: cultivation of plants; development, production,

manufacture, processing, storage, transport, shipment, dispatch, sale, distribution,

purchase, utilization, import (export), and destruction of narcotic drugs and psychotropic

substances included in Lists II and III.

2. Licences for types of activity related to trade in narcotic drugs and psychotropic

substances shall be issuable by federal organs of executive power and specially authorized

organs pursuant to the licensing provisions in effect in the territory of the Russian

Federation and the regulations approved by the Government of the Russian Federation with

regard to licensing of specific types of activity related to trade in narcotic drugs and

psychotropic substances.

3. Licences for types of activity related to trade in narcotic drugs and psychotropic

substances may be issued for a period of not more than five years.

4. Licences issued earlier to corporate bodies for types of activity related to trade in

narcotic drugs and psychotropic substances shall remain valid for the periods for which they

were issued, but for not more than nine months from the date of entry into force of this

Federal Act.

5. Regulations governing the renewal of licences for types of activity related to trade in

narcotic drugs and psychotropic substances issued prior to the entry into force of this

Federal Act shall be established by the Government of the Russian Federation.

6. If a corporate body changes the nature of its activity related to trade in narcotic drugs

and psychotropic substances, it shall be required to obtain a licence for the new type of

activity.

Article 10. Special provisions applicable to licensing requirements and conditions

1. A licence for a type of activity related to trade in narcotic drugs and psychotropic

substances may be issued to a corporate body whose senior management includes a

professionally qualified specialist in the specific type of activity for which a licence is sought.

The director of the corporate body shall bear personal responsibility for monitoring

compliance with the provisions of this Federal Act and with the requirements of the

corresponding licence.

2. In order to obtain a licence for a type of activity related to trade in narcotic drugs and

psychotropic substances, the corporate body shall be required to fulfil the conditions

stipulated with regard to the accounting and safe keeping of narcotic drugs and

psychotropic substances, as well as the safety precautions applicable to the type of activity

in question.

3. In addition to the documentation whose submission is required under the legislation of

the Russian Federation on licensing, the corporate body shall also append to its application

for a licence for a type of activity related to trade in narcotic drugs and psychotropic

substances the following:

- A certificate signed by a specialist attesting that the professional qualifications of the

director of the corporate body of or of a department of the corporate body correspond to

the type of activity to be licensed;

- Certificates issued by establishments within the State or municipal public-health system

attesting that personnel who, as part of their official duties, enjoy direct access to narcotic

drugs and psychotropic substances are free from drug-dependence, substance-dependence

and alcoholism, and that such personnel do not include any persons deemed unsuitable for

the performance of specific types of professional or other activity related to an increased

risk, as established by the legislation of the Russian Federation.

4. In the issuance of a licence for a type of activity related to trade in narcotic drugs and

psychotropic substances, account shall be taken of the finding of the internal affairs organs

as to whether, in the case of personnel who, as part of their official duties, enjoy direct

access to narcotic drugs and psychotropic substances, there is any criminal conviction

which has been neither extinguished nor expunged for a moderately serious, serious or

very serious offence or for a crime related to illicit trafficking in narcotic drugs or

psychotropic substances, including an offence committed outside the Russian Federation, as

well as the finding as to whether such employees have been charged with the commission

of offences related to illicit trafficking in narcotic drugs or psychotropic substances.

5. A licence may be issued for the industrial use of plants listed in the Schedule, with the

exception of the production and manufacture of narcotic drugs or psychotropic substances,

if the corporate body is able to demonstrate the necessity for the use of such plants and

fulfilment of the conditions for precluding the following possibilities:

- Theft of the aforesaid plants and of finished products or waste products derived therefrom

as a result of the production process;

- The manufacture of narcotic drugs or psychotropic substances from the products

obtained.

6. Licences for types of activity related to the use of narcotic drugs or psychotropic

substances for scientific and teaching purposes shall indicate the names of persons engaged

in such types of activity, the quantity of the narcotic drugs or psychotropic substances used

and the procedures envisaged for disposal of the waste products of the narcotic drugs or

psychotropic substances upon completion of the activity in question.

Article 11. Grounds for refusal of a licence

In addition to the grounds for refusal of a licence stipulated by the legislation

of the Russian Federation on licensing, a further ground for refusal of a

licence for a type of activity related to trade in narcotic drugs or psychotropic

substances shall be the non-fulfilment of the requirements for ensuring the

safety of such activity, or the accounting or safe keeping of the narcotic

drugs or psychotropic substances.

Article 12. Extension, suspension or termination of the period of

validity of a licence

1. The period of validity of a licence for a type of activity related to trade in narcotic drugs

or psychotropic substances may be extended by no more than three years. The holder of

such a licence shall be required to apply for an extension of the period of validity of the

licence at least two months prior to expiry thereof.

2. The validity of a licence may be suspended or terminated prior to expiry of the period for

which it was issued under circumstances stipulated by the legislation of the Russian

Federation.

3. Where circumstances arise entailing the suspension of the validity of a licence, the

licence may not be suspended for a period of longer than six months if the holder of the

licence in question rectifies the infraction identified. The period during which the licence was

suspended shall be taken into consideration in the period for which the licence was issued.

4. Any decision concerning the issuing of a licence for a type of activity related to trade in

narcotic drugs and psychotropic substances or concerning the suspension or termination of

the period of validity of a licence shall be reported within a period of three days to the

internal affairs organs, organs of executive power and organs of local self-government

authorized to exercise control over trade in narcotic drugs and psychotropic substances.

Article 13. Licence for the use of facilities and premises for the pursuit of an activity related to trade in narcotic drugs and

psychotropic substances

1. A licence for the use of any facility or premises for the pursuit of an activity related to

trade in narcotic drugs or psychotropic substances shall be issuable by the internal affairs

organ to the corporate body in conjunction with the licence for the corresponding type of

activity related to trade in narcotic drugs and psychotropic substances, pursuant to the

regulations established by the Government of the Russian Federation.

2. Licences for the use of facilities or premises for the pursuit of an activity related to trade

in narcotic drugs and psychotropic substances shall be issuable subject to verification that

the facilities and premises in question fulfil the requirements laid down by the federal organ

of executive power for internal affairs.

3. Lists of facilities and premises for whose use such a licence has been issued shall be

submitted by the licence-holder on an annual basis to the internal affairs organs in

conformity with the regulations established by the federal organ of executive power for

internal affairs.

4. No licence shall be required for the use of facilities and premises belonging to organs of

the prosecution service, internal affairs organs, customs organs, or organs of the federal

security service for the purpose of storing narcotic drugs and psychotropic substances

seized from illicit traffic.

5. The termination of the period of validity of a licence for the use of facilities and premises

for the pursuit of an activity related to trade in narcotic drugs and psychotropic substances

shall simultaneously entail termination of the period of validity of the licence for the

corresponding type of activity related to trade in narcotic drugs and psychotropic

substances.

Chapter IV.

Conditions for the pursuit of particular types of activity related to

trade in narcotic drugs, psychotropic substances and their precursors

Article 14. Restriction or prohibition of trade in certain narcotic drugs, psychotropic substances and their precursors

1. Trade in the narcotic drugs and psychotropic substances included in List I shall be

permissible only for the purposes specified by articles 34 to 36 of this Federal Act.

2. Trade in the narcotic drugs and psychotropic substances included in Lists II and III shall

be permissible for medical purposes against a physician’s prescription and also for the

purposes specified by articles 34 to 36 of this Federal Act.

3. In the Russian Federation there shall be introduced the restrictions on trade in

precursors included in List IV which are specified by article 30 of this Federal Act.

4. Trade in analogues of narcotic drugs and psychotropic substances in the Russian

Federation shall be prohibited.

Article 15. State quotas

1. State quotas setting the limits for the cultivation of plants included in the Schedule and

for the production, storage and import (export) of narcotic drugs and psychotropic

substances shall be established by the Government of the Russian Federation.

2. The restrictions established by paragraph 1 of this article with regard to the storage of

narcotic drugs and psychotropic substances shall not extend to facilities and premises

owned by organs of the prosecution service, internal affairs organs, customs organs or

organs of the federal security service for the purpose of storing narcotic drugs and

psychotropic substances seized from illicit traffic.

Article 16. Development of new narcotic drugs and psychotropic

substances

1. The development of new narcotic drugs and psychotropic substances shall be permissible

only for the purposes envisaged by this Federal Act.

2. The development and official registration of new narcotic drugs and psychotropic

substances used for medical purposes shall be carried out in conformity with the legislation

of the Russian Federation on medical drugs.

3. The development of new narcotic drugs and psychotropic substances shall take place

only upon commission by the State and shall be entrusted to State scientific research

establishments holding a licence for the type of activity in question. If a newly developed

narcotic drug or psychotropic substance is proposed for medical use, clinical trials thereon

shall be conducted in conformity with the legislation of the Russian Federation on medical

drugs.

Article 17. Production and manufacture of narcotic drugs and psychotropic substances

1. The production of narcotic drugs and psychotropic substances included in List II for

purposes established by this Federal Act shall be carried out within the limits of the State

quotas by federally owned unitary State enterprises and State establishments holding

licences for the production of specific narcotic drugs or psychotropic substances.

Privatization and other forms of denationalization of the aforesaid enterprises and

establishments shall be prohibited.

2. The manufacture of narcotic drugs and psychotropic substances included in List II for

purposes established by this Federal Act shall be carried out by unitary State or municipal

enterprises and State establishments holding a licence for the manufacture of specific

narcotic drugs or psychotropic substances.

3. Enterprises engaging in the development, production, manufacture, purchase, utilization

or destruction of instruments or equipment shall not be open to privatization or other forms

of denationalization.

4. Privatization and other forms of denationalization of enterprises and establishments

belonging to the single technological complex supporting the production of narcotic drugs

and psychotropic substances included in List II shall be prohibited.

5. The production and manufacture of psychotropic substances included in List III for

purposes established by this Federal Act shall be carried out by enterprises and

establishments, of whatsoever form of ownership, holding a licence for the production and

manufacture of specific psychotropic substances.

6. Enterprises and establishments engaging in the production of narcotic drugs or

psychotropic substances shall be subject to State registration in the Russian Federation in

conformity with the legislation of the Russian Federation and the international agreements

to which it is party.

7. Enterprises and establishments engaging in the manufacture of narcotic drugs or

psychotropic substances shall be subject to State registration in the Russian Federation in

conformity with the legislation of the Russian Federation.

Article 18. Cultivation of plants included in the Schedule

1. Unitary State enterprises shall be permitted to cultivate plants included in the Schedule

within the limits of the assigned State quotas.

2. In the territory of the Russian Federation, cultivation of the following plants shall be

prohibited: opium poppy and coca bush.

3. In the territory of the Russian Federation, cultivation of hemp for the purposes of illicit

consumption or use in illicit trafficking in narcotic drugs shall be prohibited.

4. Decisions regarding the prohibition of the cultivation of specific varieties of hemp and

other plants in the territory of the Russian Federation shall be within the discretion of the

Government of the Russian Federation.

5. Regulations governing authorization of the cultivation of plants included in the Schedule

and regulations governing their utilization for industrial purposes, with the exception of the

production and manufacture of narcotic drugs and psychotropic substances, shall be

established by the Government of the Russian Federation.

Article 19. Processing of narcotic drugs and psychotropic substances for the purpose of producing preparations included in Lists II and III

The processing of narcotic drugs and psychotropic substances for the purpose

of producing preparations included in Lists II and III or the production

therefrom of substances other than narcotic drugs and psychotropic

substances shall be carried out by unitary State enterprises in conformity

with the regulations established by the Government of the Russian

Federation, provided that the said enterprises hold a licence for the type of

activity in question.

Article 20. Storage of narcotic drugs and psychotropic substances

1. Narcotic drugs and psychotropic substances shall be stored in specially equipped

premises by corporate bodies holding a licence for that type of activity in conformity with

the regulations established by the Government of the Russian Federation.

Article 21. General regulations for the transport of narcotic drugs and

psychotropic substances

1. Entitlement to engage in the transport of narcotic drugs and psychotropic substances in

the territory of the Russian Federation shall be exercised by corporate bodies holding a

licence for such activity.

2. The safeguarding of narcotic drugs and psychotropic substances shall be the

responsibility of the corporate bodies transporting them.

3. Regulations for the transport of narcotic drugs and psychotropic substances in the

territory of the Russian Federation and for preparation of the requisite documentation for

that purpose shall be established by the Government of the Russian Federation.

4. Individuals shall be permitted to transport narcotic drugs and psychotropic substances

received for medical purposes pursuant to article 25 of this Federal Act provided that they

possess a certificate issued by a pharmacy organization attesting to the legality of the

receipt of the narcotic drugs and psychotropic substances.

Article 22. Prohibition of the shipment of narcotic drugs and psychotropic substances

1. The shipment of narcotic drugs and psychotropic substances in postal dispatches,

whether domestic or international, shall be prohibited.

2. The shipment of narcotic drugs and psychotropic substances in the guise of humanitarian

aid shall be prohibited, with the exception of cases where, in emergency situations, narcotic

drugs or psychotropic substances are sent to specific subjects of the Russian Federation

pursuant to decisions of the Government of the Russian Federation.

Article 23. Release, sale and distribution of narcotic drugs and psychotropic substances

The release, sale and distribution of narcotic drugs and psychotropic

substances shall be carried out by corporate bodies in accordance with the

regulations established by the Government of the Russian Federation,

provided that such corporate bodies hold the requisite licence to perform the

aforesaid types of activity.

Article 24. Purchase of narcotic drugs and psychotropic substances

Narcotic drugs and psychotropic substances may be purchased by corporate

bodies with a view to their production, manufacture, processing, sale or

utilization for medical or other purposes only in conformity with this Federal

Act, provided that such corporate bodies hold a licence for the aforesaid

types of activity.

Article 25. Dispensing of narcotic drugs and psychotropic substances

to individuals

1. Narcotic drugs and psychotropic substances may be dispensed to individuals only in

pharmacy organizations and health-care establishments holding a licence for such activity.

Lists of the functions of medical and pharmaceutical personnel and of organizations and

establishments authorized to dispense narcotic drugs and psychotropic substances to

individuals shall be drawn up by the federal organ of executive power for public health by

agreement with the federal organ of executive power for internal affairs.

2. Narcotic drugs and psychotropic substances included in Lists II and III shall be dispensed

for medical purposes against prescription.

3. Regulations for the dispensing of narcotic drugs and psychotropic substances to

individuals shall be established by the federal organ of executive power for public health by

agreement with the federal organ of executive power for internal affairs.

4. The federal organ of executive power for public health shall determine the maximum

periods for the prescription of specific narcotic drugs and psychotropic substances included

in Lists II and III, as well as the quantity of narcotic drugs or psychotropic substances that

may be prescribed by means of a single prescription.

5. When prescribing narcotic drugs and psychotropic substances included in Lists II and III,

the prescribing practitioner shall be required to question the patient regarding previous

prescriptions of narcotic drugs and psychotropic substances and to make a corresponding

entry in that patient’s medical file.

6. Pharmacy organizations and health-care establishments shall be prohibited from

dispensing narcotic drugs and psychotropic substances included in List II against

prescription if a period of more than five days has elapsed since the date of issuance of the

prescription.

Article 26. Prescriptions of narcotic drugs or psychotropic substances

1. Prescriptions of narcotic drugs or psychotropic substances shall be written on special

forms.

2. The format of the forms used for such prescriptions and the procedures for their

registration, accounting and storage, as well as rules for their preparation, shall be

established by the federal organ of executive power for public health by agreement with the

federal organ of executive power for internal affairs.

3. The issuing of prescriptions of narcotic drugs or psychotropic substances which do not

indicate the requisite medical information or which infringe the rules established for their

preparation shall be prohibited and shall entail liability to criminal prosecution in conformity

with the legislation of the Russian Federation.

Article 27. Packaging and labelling of narcotic drugs and

psychotropic substances

1. The outer and inner packaging and labelling of narcotic drugs and psychotropic

substances used for medical purposes shall fulfil the requirements laid down by the

legislation of the Russian Federation on medical drugs as well as those of this Federal Act.

2. The outer packaging of narcotic drugs and psychotropic substances shall be such as to

preclude the possibility of the contents being removed without the integrity of the

packaging being destroyed.

3. The inner packaging of narcotic drugs and psychotropic substances used for medical

purposes shall be marked by a double red band.

4. In the event of the failure of the outer and inner packaging and labelling of narcotic

drugs and psychotropic substances used for medical purposes to fulfil the requirements set

out in paragraphs 1 to 3 of this article, those narcotic drugs and psychotropic substances

shall be destroyed in conformity with the legislation of the Russian Federation.

Article 28. Special provisions applicable to import (export)

1. Import (export) shall be carried out by unitary State enterprises holding a licence for

that type of activity, issued by the federal organ of executive power and a specially

authorized organ pursuant to the legislation of the Russian Federation.

2. The Government of the Russian Federation shall adopt a special decision on the schedule

of specific precursors included in List IV to be covered by paragraph 1 of this article.

3. For each instance in which the customs border of the Russian Federation is crossed for

the purposes of import (export) by the aforementioned unitary State enterprises,

authorization shall be obtained from the federal organs of executive power and from

specially authorized organs, together with a certificate of authorization to import (export)

issuable pursuant to the regulations established by the Government of the Russian

Federation. The aforesaid authorizations and certificate shall not be transferable to any

other corporate body.

4. In order to obtain a certificate of authorization to import (export) specific narcotic drugs,

psychotropic substances and their precursors, a unitary State enterprise shall be required

to submit an application to the federal organ of executive power for public health, stating

the following:

- Purposes of the import (export);

- Names and legal addresses of the unitary State enterprise effecting the import (export)

and of the consignee;

- The international non-proprietary name of the narcotic drug or psychotropic substance or,

failing this, the first name under which it was produced, or the name under which the

narcotic drug or psychotropic substance in question is currently produced, or the name of

the precursor in question;

- The medical formula of the narcotic drug or psychotropic substance;

- The availability of a certificate of quality of the narcotic drug or psychotropic substance;

- The quantity of narcotic drugs, psychotropic substances or their precursors in the

particular consignment;

- The import (export) periods;

- The means of transport planned for effecting the import (export) or the means of

dispatch;

- The time and place at which the customs border of the Russian Federation is to be crossed

by the specific consignment of narcotic drugs, psychotropic substances or their precursors;

- Other information required under the regulations established by the Government of the

Russian Federation.

5. All consignments of narcotic drugs, psychotropic substances or their precursors shall be

accompanied by authenticated copies of the authorizations stipulated by paragraph 3 of this

article, such copies to be sent to the relevant competent organ of the State from which the

import (export) is to be effected. An import (export) for which no name or legal address is

stated in respect of the unitary State enterprise effecting the import (export) shall be

prohibited.

6. Corporate bodies effecting an import (export) shall exchange between themselves the

corresponding certificates. The customs authorities shall make a note on the aforesaid

certificate recording the arrival of the particular consignment of narcotic drugs,

psychotropic substances or their precursors.

7. If the quantity of narcotic drugs, psychotropic substances or their precursors imported

(exported) does not correspond to the quantity indicated on the certificate of authorization

to import (export), the competent organ of the State from which they are exported (or into

which they are imported) shall be notified of the matter.

8. The transit of narcotic drugs, psychotropic substances or their precursors across the

customs territory of the Russian Federation shall be prohibited.

9. In the event of failure to fulfil the requirements laid down by this article, the narcotic

drugs, psychotropic substances or their precursors in question shall be liable to confiscation

pursuant to the legislation of the Russian Federation. Procedures for the further use or

destruction of the confiscated narcotic drugs, psychotropic substances or their precursors

shall be established by the Government of the Russian Federation, unless otherwise

provided by the legislation of the Russian Federation.

10. The provisions of this article shall not apply in cases specified by article 31, paragraph

7, of this Federal Act.

Article 29. Destruction of narcotic drugs, psychotropic substances and their precursors, instruments or equipment

1. Narcotic drugs, psychotropic substances and their precursors, and instruments or

equipment whose continued use is deemed inadvisable, shall be destroyed in accordance

with the regulations established by the Government of the Russian Federation.

2. Such destruction of narcotic drugs and psychotropic substances shall be permissible in

the following circumstances:

- If their period of validity has expired;

- If the narcotic drug or psychotropic substance has undergone chemical or physical

alteration resulting in its unfitness for use such as to preclude the possibility of its

restoration or processing;

- If the unused narcotic drugs have been obtained from the relatives of a deceased patient;

- If the identification of the preparation as a narcotic drug or psychotropic substance is

problematic;

- If the narcotic drug or psychotropic substance seized from illicit traffic may not be used

for medical, scientific or other purposes, or in other circumstances specified by the

legislation of the Russian Federation.

3. Corporate bodies which do not hold a licence to cultivate specific plants included in the

Schedule and individuals who own or use plots of land on which such plants are cultivated

shall be required to destroy them. If they refuse to do so voluntarily, forcible destruction of

the plants shall be effected at the expense of the said individuals or corporate bodies.

4. Procedures for the destruction of plants included in the Schedule shall be established by

the Government of the Russian Federation.

Article 30. General provisions applicable to control over trade in precursors

1. The production, manufacture, processing, sale, distribution and import (export) of

precursors included in List IV shall be governed by the provisions of this Federal Act, by

other federal laws and by other regulatory legal enactments of the Russian Federation

adopted pursuant thereto.

2. Corporate bodies may purchase and use precursors included in List IV in their own

production operations provided that they hold a licence to perform such activity in

quantities not in excess of their production requirements.

3. The federal organs of executive power and specially authorized organs issuing

authorization for the import (export) of precursors may deny such authorizations if there

are sufficient grounds to believe that the precursors in question are intended for illicit

manufacture of narcotic drugs or psychotropic substances.

4. In performing an activity related to trade in precursors included in List IV, any operations

involving a change in the quantity of precursors shall be subject to registration in special

registers by persons required to perform that task by order of the director of the corporate

body. The aforesaid registers shall be kept for a period of ten years reckoned from the date

of the last entry therein.

5. Procedures for maintaining and storing the aforesaid registers shall be established by the

Government of the Russian Federation.

6. Corporate bodies performing an activity related to trade in precursors included in List IV

shall be required to notify the internal affairs organs and the organs of executive power

authorized to exercise control over trade in narcotic drugs, psychotropic substances and

their precursors of any instance in which the quantity of the purchased or ordered precursor

exceeds production requirements and of repeated instances of such purchases or orders.

7. In cases where there exist sufficient grounds to believe that any of the precursors

included in List IV is intended for the illicit manufacture of a narcotic drug or psychotropic

substances, the organs indicated in article 41, paragraph 1, of this Federal Act shall be

entitled to suspend the activity performed by the corporate body in relation to trade in the

said precursor for a period of up to three months.

Chapter V.

Use of narcotic drugs and psychotropic substances

Article 31. Use of narcotic drugs and psychotropic substances for

medical purposes

1. Narcotic drugs and psychotropic substances included in Lists II and III may be used for

medical purposes.

2. Narcotic drugs and psychotropic substances permitted to be used for medical purposes

are covered by the legislation of the Russian Federation insofar as no conflict thereby arises

with this Federal Act.

3. The federal organ of executive power for public health shall determine the regulations

and conditions for the use of narcotic drugs and psychotropic substances for medical

purposes.

4. Narcotic drugs and psychotropic substances included in Lists II and III may not be used

by physicians in private medical practice.

5. Control over trade in narcotic drugs and psychotropic substances in pharmacy

organizations and health-care establishments shall be exercised by special committees

established in conformity with regulations established by the federal organ of executive

power for public health by agreement with the federal organ of executive power for internal

affairs.

6. In the Russian Federation the use of narcotic drugs and psychotropic substances included

in List II for the treatment of drug dependence shall be prohibited.

7. Subject to special authorization by the federal organ of executive power for public health,

it shall be permitted to import (export) a limited quantity of narcotic drugs and psychotropic

substances included in Lists II and III for the stocking in the quantities necessary for

providing emergency treatment, of first-aid kits on ships, aircraft and railway trains

engaged in international traffic.

8. The authorization referred to in paragraph 7 of this article shall specify the person or

persons responsible for the safe keeping and use of the narcotic drugs and psychotropic

substances in question, as well as the conditions for receipt, registration, storage and

dispensing thereof; such authorization shall also state the conditions governing the

submission of reports on the use of such narcotic drugs or psychotropic substances.

9. Control over the use of narcotic drugs and psychotropic substances kept in the

aforementioned first-aid kits shall be entrusted to specially authorized organs for public

health and to organs engaged in the prevention of illicit trafficking in narcotic drugs and

psychotropic substances.

Article 32. Use of narcotic drugs and psychotropic substances for the treatment of passengers in transit

1. Persons undergoing treatment who are in transit through the territory of the Russian

Federation may carry, for the purposes of medical treatment, narcotic drugs or psychotropic

substances included in Lists II and III in conformity with the regulations established by the

Government of the Russian Federation.

2. If a person referred to in paragraph 1 of this article is detained on the territory of the

Russian Federation and, for his continued medical treatment, requires a further supply of

narcotic drugs or psychotropic substances, such drugs or substances shall be dispensed

against a prescription issuable in the Russian Federation pursuant to the regulations

established by the Government of the Russian Federation with regard to the provision of

medical care to foreign citizens.

Article 33. Use of narcotic drugs and psychotropic substances in veterinary medicine

1. The list of narcotic drugs and psychotropic substances whose use is permitted in

veterinary medicine and for the capture of animals shall be subject to approval by the

federal organ of executive power for public health and the federal organ of executive power

for agriculture.

2. The conditions and regulations for the use of narcotic drugs and psychotropic substances

in veterinary medicine shall be established by the Government of the Russian Federation.

Article 34. Use of narcotic drugs and psychotropic substances for scientific and teaching purposes

1. The use of narcotic drugs and psychotropic substances for scientific and teaching

purposes shall be authorized for corporate bodies holding licences for types of activity

involving the use of specific narcotic drugs and psychotropic substances.

2. The aforementioned types of activity shall be carried out with due regard for the special

provisions of article 10 of this Federal Act.

Article 35. Use of narcotic drugs and psychotropic substances in expert activities

The execution of expert examinations involving the use of narcotic drugs or

psychotropic substances or aimed at their identification shall be authorized

for corporate bodies holding a licence for the aforementioned type of activity.

No licence shall be required for the execution of such examinations in the

expert departments of the Office of the Procurator-General of the Russian

Federation, the federal organ of executive power for internal affairs, the

federal organ of executive power for customs affairs, the federal security

service, or forensic organizations of the federal organ of executive power for

justice.

Article 36. Use of narcotic drugs and psychotropic substances in

operational investigatory activities

In the execution of controlled deliveries, undercover purchases, experiments

for operational purposes, the collection of samples for comparative analysis,

infiltration operations, the investigation of individuals and examination of

documents, no licence shall be required for the use of narcotic drugs or

psychotropic substances by organs engaging in operational investigatory

activities.

Article 37. Reporting on activities related to trade in narcotic drugs and psychotropic substances

1. Corporate bodies holding licences for types of activity related to trade in narcotic drugs

and psychotropic substances shall be required to submit the following information in the

form, and in accordance with the procedures, established by the Government of the Russian

Federation:

- Quarterly reports on the quantity of each narcotic drug or psychotropic substance

produced, manufactured or imported (exported), indicating the States from which the said

drugs or substances were imported (exported);

- An activity report covering the past calendar year, stating the quantity of plants included

in the Schedule which have been cultivated or processed, the quantity of each narcotic drug

or psychotropic substance produced, manufactured, imported (exported), sold or used, and

the quantity of stocks of narcotic drugs and psychotropic substances held as at 31

December of the reporting year.

2. Aggregate data for the year concerning the cultivation of plants and the production,

manufacture, import (export), sale or use of narcotic drugs and psychotropic substances

within the limits of the established State quotas shall be submitted in the form, and in

accordance with the procedures, determined by the Government of the Russian Federation

in conformity with the international agreements to which it is party.

Article 38. Inventory of narcotic drugs and psychotropic substances

1. Corporate bodies holding licences for types of activity related to trade in narcotic drugs

or psychotropic substances shall be required to carry out a monthly inventory of the

narcotic drugs and psychotropic substances held by them and to draw up a balance of their

commodity stocks and material assets.

2. Information concerning discrepancies in the balance or between the balance and the

results of the inventory performed shall be reported to the internal affairs organs within a

period of three days of their discovery.

Article 39. Registration of operations involving narcotic drugs and

psychotropic substances

In the performance of activities related to trade and narcotic drugs and

psychotropic substances, any operations resulting in a change in their

quantity or condition shall be subject to registration in special registers by

persons required to fulfill that obligation by order of the director of the

corporate body. The aforementioned registers shall be kept for a period of

ten years following the date of the final entry. Procedures for the

maintenance and storage of such registers shall be established by the

Government of the Russian Federation.

Chapter VI.

Prevention of illicit trade in narcotic drugs, psychotropic substances

and their precursors

Article 40. Prohibition of the consumption of narcotic drugs and

psychotropic substances without a physician’s prescription

In the Russian Federation the consumption of narcotic drugs and

psychotropic substances without a physician’s prescription shall be

prohibited.

Article 41. Organization of the prevention of illicit trade in narcotic

drugs, psychotropic substances and their precursors

1. Prevention of illicit trade in narcotic drugs, psychotropic substances and their precursors

shall be carried out by the Office of the Procurator-General of the Russian Federation, the

federal organ of executive power for internal affairs, the federal organ of executive power

for customs affairs, the federal border service, the federal security service, the federal

foreign intelligence service, the federal organ of executive power for public health and other

federal organs of executive power within the limits of the competence assigned to them by

the Government of the Russian Federation.

2. The coordination of activities relating to the prevention of illicit trade, narcotic

substances and their precursors shall be undertaken by organs specially authorized to fulfill

functions related to trade in narcotic drugs and psychotropic substances and to the

prevention of illicit trafficking therein.

3. The organization of activities aimed at preventing illicit trafficking in narcotic drugs,

psychotropic substances and their precursors shall be based on the corresponding special

federal programmes.