Drug possession for personal use lawyer in Bucharest
Drugs found on you, in your car or in your home?Have you received a summons or are you about to be questioned?The difference between personal use and trafficking can drastically change the legal situation.
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What situation are you in now?
Choose the scenario that matches your case.
Drugs were found on you, in your car or at your home
It must be quickly established what substance was seized, the quantity, where it was found and what other evidence exists in the file.
In a charge of drug possession for personal use, the analysis must not be done by quantity alone. The full context of the case and what can be proven by evidence matter.
You received a summons or are about to be questioned
Before giving a statement, you must know exactly in what capacity you are summoned, what offense is being investigated and what information is already in the file.
Do not try to explain the situation through an improvised statement before you understand the charge and the evidence.
The prosecutor believes the drugs were not just for personal use
The difference between possession for personal use and drug trafficking can radically change the legal situation.
If quantity, packaging, conversations, money transfers or other distribution clues are invoked, each element must be analysed separately.
A close person is being investigated
Family can contact me even if they do not have all the file documents. Tell me where the person is, what happened and what documents you currently have.
What I immediately analyse in a personal-use drug possession case
I first check whether the evidence actually supports the charge retained by the prosecution.
- the identified substance and the finding or expert report;
- the seized quantity;
- the place and circumstances where it was found;
- how it was stored or packaged;
- the existence or absence of evidence concerning distribution;
- phone conversations and their full context;
- any money transfers;
- statements of the other persons in the file;
- search and seizure records;
- the legality of how evidence was obtained;
- whether evidence supports the exclusive purpose of personal use;
- whether the charge also includes other offenses.
There is no fixed quantity threshold in the law that automatically turns personal-use possession into trafficking. The charge is determined by the overall evidence and the purpose of possession. The High Court emphasised in 2025 the legislator's choice not to set such a threshold.
What you should send me for the first assessment
If you have them, send me:
- the summons;
- the search report;
- the seizure report for the substances;
- orders or documents received from the prosecution;
- the substance report, if communicated to you;
- any document regarding seized phones or other devices;
- information about the next hearing or deadline.
For the first discussion, it is enough to tell me what happened and what you know at this stage.
Lidia Caescu
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I was looking for a lawyer in Bucharest and fortunately I met Mr. Bogdan Lamatic. From the very first moment he won my trust through his professionalism, calmness and the empathy with which he listened to me. A true human being in the full sense of the word. I wholeheartedly recommend him to anyone who needs a criminal law specialist and real support in a difficult moment.
What does drug possession for personal use mean?
Art. 4 of Law no. 143/2000 punishes the cultivation, production, manufacture, experimentation, extraction, preparation, transformation, purchase or possession of drugs for personal use, without right.
In the current consolidated form of the law, the offense under Art. 4 is punishable by imprisonment from 2 to 5 years.
The important element is the purpose for which the substance was bought or held. The same material fact - for example possession - may require a completely different analysis if the investigative authorities claim the drugs were intended for circulation or distribution rather than exclusively for personal use.
What is the difference between possession for personal use and drug trafficking?
The difference is not determined solely by the number of grams. To see whether the evidence indicates personal use or trafficking, all circumstances must be analysed together.
See also the main page on drug offense cases.
Quantity matters, but does not alone decide the charge
A larger quantity may be used by the prosecution as a clue, but the law does not set a gram threshold from which possession automatically becomes trafficking.
Packaging can become relevant
Several separate packages, objects that the prosecution claims were used for portioning or similar circumstances can be analysed together with the other evidence. These elements must not be assessed in isolation.
Phone and conversations can change the interpretation of the file
In many cases, the prosecution uses conversations, contacts, localisations, photos or other computer data to support the existence of distribution operations. Messages must be analysed in context, not only through selected fragments.
Money flows can be analysed as evidence
Bank transfers or other payments may be invoked in support of the charge. However, it must be established what each transaction actually represents and whether there is proven connection to the drugs.
Can you be charged with trafficking if the drugs were for you?
Yes, such a charge can arise if the investigative authorities interpret the evidence as indicating distribution or other circulation operations. But the existence of the charge does not mean the charge is automatically correct.
Art. 2 and Art. 4 of Law no. 143/2000 regulate different situations, and the concrete purpose of the operation must be established through evidence.
- what evidence indicates the alleged distribution;
- whether actual buyers or recipients are identified;
- whether transactions are proven;
- the context of conversations;
- the ratio between quantity and the concrete situation;
- the explanation for other seized objects;
- whether there are arguments for another legal classification.
What happens to the seized phone?
In drug cases, the phone can become one of the main sources of evidence. The following may be analysed, under the applicable procedural conditions: conversations, photos and files, contacts, account data, locations, messaging apps and other information relevant to the charge.
I verify both the content used by the prosecution and the manner in which the data were obtained and interpreted. Do not delete or alter data that you know may be relevant to a criminal procedure.
What happens after the file is opened?
The procedure differs from case to case. It may include: analysis of seized substances, questioning of the investigated person, analysis of phones and other evidence, administration of further evidence, determination of the legal classification, a prosecutor's solution or, if indictment is ordered, continuation of the case in court.
In defence, I pursue both the charge itself and the legality and strength of the evidence on which it is based. No solution can be guaranteed before the file is analysed.
If several people are investigated together
The fact that several people are investigated together does not automatically mean an organized crime group exists. Such a charge has distinct conditions and must be proven separately.
How I build the defence in a personal-use drug possession case
The strategy may include, depending on the file:
- distinguishing personal use from the trafficking charge;
- checking the legality of the search and seizure of evidence;
- analysing the substance report;
- verifying computer data;
- challenging interpretations not supported by the overall evidence;
- administering favourable evidence;
- formulating requests and defences appropriate to the procedural stage;
- representing you before the prosecution and in court.
I personally handle the case strategy and the essential moments of the mandate.
See also the main drug offense page or the international drug trafficking page.
Frequently asked questions about drug possession for personal use
Is there a maximum quantity automatically considered personal use?
No. The law does not set a fixed quantity threshold that automatically separates personal use from trafficking. Quantity is analysed together with the other evidence.If the drugs were only for me, is there still a criminal case?
Art. 4 of Law no. 143/2000 criminalises, among others, the purchase and possession without right of drugs for personal use. Even in this situation a criminal case is possible, although the charge and penalty are different from trafficking.Does a small quantity guarantee a personal-use classification?
No. Neither a small nor a large quantity alone determines the charge. The overall evidence must be analysed.Can the charge be changed from trafficking to personal-use possession?
The legal classification must correspond to the facts and evidence actually proven. If the evidence invoked for trafficking does not support that charge, the correct classification in the concrete situation must be analysed.What do I do if I received a summons?
Check in what capacity you are summoned and discuss with a lawyer before the hearing, especially if there is a risk that the statement could influence the legal classification.Can family contact the lawyer?
Yes. A family member can contact me and send the available documents, even if partial.
Contact | Free initial assessment
Tell me in a few sentences what happened and I will tell you concretely what the next steps are. The first assessment discussion is free.
Official resources
- Law no. 143/2000 on preventing and combating drug trafficking and illicit drug use. (Legislation)
- High Court Decision no. 25/2025 on the absence of a fixed quantity threshold. (Legislation)
- Emergency Ordinance no. 78/2016 on the organisation and jurisdiction of DIICOT. (Legislation)