On Amendments To Certain Legislative Acts Of The Russian Federation On The Issue Of The Cultivation Of Plants Containing Narcotic Drugs Or Psychotropic Substances Or Their Precursors

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации по вопросу культивирования растений, содержащих наркотические средства или психотропные вещества либо их прекурсоры

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RUSSIAN FEDERATION FEDERAL LAW on amendments to certain legislative acts of the Russian Federation on the issue of the cultivation of plants containing narcotic drugs or psychotropic substances or their precursors adopted by the State Duma May 5, 2010 years approved by the Federation Council May 13, 2010 year (as amended by the federal laws from 25.05.2011 N 99-FL;
from 07 N 420-FZ; from 29.12.2015 N 408-FZ) Article 1 amend the Penal Code of the Russian Federation (collection of laws of the Russian Federation, 1996, no. 25, text 2954; 1998, N 26, art. 3012; 2002, N 19, art. 1795; 2003, no. 50, art. 4848; 2006, N 2, art. 176; 2007, N 50, art. 6248; 2009, N 31, art. 3921; N 52, art. 6453) as follows: 1) (lost effect-the Federal law dated 07 N 420-FZ) 2) in article 228: and) name shall be supplemented with the words "as well as the illegal acquisition, storage, transportation of plants containing narcotic drugs or psychotropic substances, or parts thereof, containing narcotic drugs or psychotropic substances";
b) the first paragraph of part 1, after the words "a large amount" add the words ", as well as the illegal acquisition, storage, transport without purpose marketing plants containing narcotic drugs or psychotropic substances, or parts thereof, containing narcotic drugs or psychotropic substances, on a large scale";
in notes 1 and 2) should read: "Notes. 1. a person who commits an offence provided for in this article, freely accessible narcotics, psychotropic substances or their analogues, plants containing narcotic drugs or psychotropic substances, or parts thereof, containing narcotic drugs or psychotropic substances, and actively contributed to the disclosure or suppression of offences related to illicit trafficking in these substances or their analogues, as well as the illegal acquisition, storage, transport of such plants or their parts containing narcotic drugs or psychotropic substances, exposure of the perpetrators, the discovery of property obtained through criminal means, shall be exempt from criminal responsibility for the crime. Cannot recognize the voluntary surrender of narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs or psychotropic substances, or parts thereof, containing narcotic drugs or psychotropic substances, the removal of these substances or their analogues, such plants or parts of plants containing narcotic drugs or psychotropic substances, with the detention of a person and when investigation on the detection and seizure of such funds, substances or their analogues such plants or parts of plants containing narcotic drugs or psychotropic substances.
2. Large and extremely large dimensions of narcotic drugs and psychotropic substances, as well as a large and extremely large dimensions for plants containing narcotic drugs or psychotropic substances, or parts thereof, containing narcotic drugs or psychotropic substances for the purposes of this article, articles 228-1 and 229 of this code shall be approved by the Government of the Russian Federation. ";
3) Article 228-1: a) name shall be supplemented with the words "as well as illegal sales or forwarding of plants containing narcotic drugs or psychotropic substances, or parts thereof, containing narcotic drugs or psychotropic substances";
b) the first paragraph of part 1, after the words "their analogues" add the words ", as well as illegal sales or forwarding of plants containing narcotic drugs or psychotropic substances, or parts thereof, containing narcotic drugs or psychotropic substances";
4) the first paragraph of article 228-2 shall be amended as follows: "1. Violation of the rules of production, manufacture, processing, storage, accounting, leave, implementation, sales, distribution, transport or transfer, acquisition, use, import, export or destruction of narcotic drugs or psychotropic substances or their precursors, tools or equipment used in the manufacture of narcotic drugs or psychotropic substances under special supervision, rules of cultivation of plants containing narcotic drugs or psychotropic substances or their precursors for use in research, training and expertise, as well as violation of regulations concerning the storage, registration, implementation, sales, transportation, acquisition, use, import, export or destruction of plants containing narcotic drugs or psychotropic substances or their precursors, and their parts, containing narcotic drugs or psychotropic substances or their precursors, resulting in the loss of such plants or parts thereof, if the Act is committed by a person whose duty is to enforce the rules , -";
5) article 229: and) name shall be supplemented with the words "as well as of plants containing narcotic drugs or psychotropic substances, or parts thereof, containing narcotic drugs or psychotropic substances";

b) the first paragraph of part 1, after the words "psychotropic substances", add the words ", as well as of plants containing narcotic drugs or psychotropic substances, or parts thereof, containing narcotic drugs or psychotropic substances";
in) paragraph "b" part 3, after the words "psychotropic substances", add the words ", as well as of plants containing narcotic drugs or psychotropic substances, or parts thereof, containing narcotic drugs or psychotropic substances";
6) article 231: a) name shall be reworded as follows: "article 231. The illicit cultivation of plants containing narcotic drugs or psychotropic substances or their precursors ";
b) part one: the first paragraph shall be reworded as follows: "1. the illicit cultivation of plants containing narcotic drugs or psychotropic substances or their precursors,";
in paragraph two, the word "punished" replaced by the word "punishable";
in item "b") of part 2 shall be amended as follows: ") on a large scale,";
g) Note to read as follows: "Note. Large and extremely large dimensions of the cultivation of plants containing narcotic drugs or psychotropic substances or their precursors, for the purposes of this article, shall be approved by the Government of the Russian Federation. "
Article 2 amend the Federal law dated January 8, 1998, N 3-FZ "on Narcotic Drugs and psychotropic substances" (collection of laws of the Russian Federation, 1998, N 2, p. 219; 2003, N 2, p. 167; N 27, art. 2700; 2005, no. 19, art. 1752; 2006, no. 43, St. 4412; N 44, art. 4535; 2007, N 30, art. 3748; 2008, no. 30, art. 3592; 2009, no. 29, art. 3614) as follows: 1) in article 1: (a)) in paragraph two, the word "plants" should be deleted;
b) in the seventh paragraph, the words "cultivation of plants;" deleted;
in) supplement paragraphs read as follows: "plants containing narcotic drugs or psychotropic substances or their precursors (hereinafter referred to as the drug-containing plants) plants from which can be obtained from Narcotics, psychotropic substances or their precursors and which are included in the list of plants containing narcotic drugs or psychotropic substances or their precursors subject to control in the Russian Federation;
the cultivation of narcotic plants-activities related to the creation of special conditions for planting and cultivation of narcotic plants, as well as their sowing and cultivation, improvement of growing techniques, development of new varieties, improving productivity and resilience to the adverse meteorological conditions;
the illicit cultivation of narcotic crops cultivation plants, carried out in violation of the legislation of the Russian Federation. ";
2) supplemented by article 2-1 as follows: "article 2-1. List of plants containing narcotic drugs or psychotropic substances or their precursors subject to control in the Russian Federation 1. Drug-containing plants subject to control in the Russian Federation, included in the list of plants containing narcotic drugs or psychotropic substances or their precursors subject to control in the Russian Federation.
2. the list of plants containing narcotic drugs or psychotropic substances or their precursors subject to control in the Russian Federation, approved by the Government of the Russian Federation on the nomination of a federal body of executive power in the field of health or of a federal body of executive power to monitor trafficking in narcotic drugs and psychotropic substances and in consultation with the Federal Executive Body in the field of agriculture.
3. storage, transport, forwarding, sale, acquisition, use, importation (exportation) drug plants and parts of plants, which are not included in the list of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation, control measures, similar measures applied against inmates of narcotic drugs, psychotropic substances or their precursors.
4. The control measures provided for in paragraph 3 of this article shall not apply to varieties of crops for cultivation for industrial purposes (except for the production or manufacture of narcotic drugs and psychotropic substances), and parts thereof. ";
3 article 5, paragraph 1) shall be amended as follows: "1. in the Russian Federation has a State monopoly on basic activities related to trafficking in narcotic drugs and psychotropic substances (the development, processing, distribution, importation (exportation), destruction of narcotic drugs and psychotropic substances), as well as the cultivation of crops for use in scientific, educational purposes and in expert activities.";
4) in article 10: (a)) name shall be supplemented with the words "and (or) the cultivation of narcotic plants";
b) paragraph 1, after the words "psychotropic substances", add the words "and (or) the cultivation of crops for use in research, training and expertise";
in paragraphs 2-4) worded as follows:

"2. A legal entity carrying out activities related to the trafficking of narcotic drugs and psychotropic substances, and (or) the cultivation of crops for use in research, training and expertise, the conditions shall be provided to ensure the integration and security of narcotic drugs, psychotropic substances and narcotic plants.
3. a legal person may carry out activities related to trafficking in narcotic drugs and psychotropic substances, and (or) the cultivation of crops for use in research, training and expertise, subject to availability of the following documents: certificate confirming the training manager of a legal person or the head of the branch of a legal entity;
conclusion of bodies to monitor the trafficking of narcotic drugs and psychotropic substances concerning the conformity of objects and facilities, which are activities related to trafficking in narcotic drugs and psychotropic substances, and (or) the cultivation of narcotic plants, the requirements to equip these objects and premises engineering and technical means of protection;
issued by State or municipal health care institutions in accordance with the legislation of the Russian Federation certificate on absence of workers who, in accordance with their official duties must have access to narcotic drugs or psychotropic substances or cultivated plants narkosoderzhashhim, diseases of addiction, substance abuse, chronic alcoholism;
conclusion of bodies to monitor the trafficking of narcotic drugs and psychotropic substances had no employees, which, in accordance with their official duties must have access to narcotic drugs or psychotropic substances or cultivated plants narkosoderzhashhim, outstanding or appeal conviction for an offence of medium gravity, grave, especially grave offence or as an offence connected with illicit trafficking in narcotic drugs, psychotropic substances or their precursors, the illicit cultivation of narcotic plants , including for an offence committed outside the Russian Federation.
4. Requirements for equipping engineering and technical means of protection of objects and facilities, which are activities related to trafficking in narcotic drugs and psychotropic substances, and (or) the cultivation of narcotic plants, are installed in the order specified by the Government of the Russian Federation. ";
5) (repealed-federal law 29.12.2015 N 408-FZ) 6) article 15, paragraph 1, the words "cultivation of plants included in the list" should be deleted;
7) article 18 shall be amended as follows: "article 18. The cultivation of narcotic plants 1. On the territory of the Russian Federation prohibits the cultivation of narcotic plants, except for the cultivation of such plants for use in research, training and expertise and varieties of crops for cultivation for industrial purposes (except for the production or manufacture of narcotic drugs and psychotropic substances).
2. Cultivation of crops for use in research, training and expertise by State unitary enterprises and public institutions with license on the specified activity.
3. Cultivation of crops varieties allowed for cultivation for industrial purposes (except for the production or manufacture of narcotic drugs and psychotropic substances), is carried out by legal persons or individual entrepreneurs.
4. Varieties of crops that are allowed for cultivation for industrial purposes (except for the production or manufacture of narcotic drugs and psychotropic substances), requirements for such varieties and their cultivation shall be established by the Government of the Russian Federation. ";
8) in article 29: (a)) the name shall be reworded as follows: "article 29. Destruction of narcotic drugs, psychotropic substances and their precursors, tools, equipment and crops ";
b) items 3 and 4 shall be reworded as follows: "3. Natural and legal persons who are the owners or users of land plots on which grow or cultivated narcotic plants, are obliged to destroy them, except the cultivation of crops for use in research, training and expertise and varieties of crops for cultivation for industrial purposes (except for the production or manufacture of narcotic drugs and psychotropic substances).

4. In case of failure of the duty to destroy drug plants within the deadlines established by the precept of the authorized body, ensures their forced destruction of reimbursement for such destruction at the expense of legal or natural persons referred to in paragraph 3 of this article. ";
in supplement paragraph 5) as follows: "5. the order of destruction of crops shall be established by the Government of the Russian Federation.";
9) paragraph three of article 30, paragraph 7, after the words "and their precursors", add the words "or the illicit cultivation of narcotic plants";
10) article 37: (a) the third subparagraph of paragraph) 1 the words "the number of grown or recycled plants included in the list" should be deleted;
b) in paragraph 2 the words "cultivation of plants," should be deleted;
11) in article 46: and) name shall be supplemented with the words "in the field of cultivation of narcotic plants";
b) items 1 and 2 shall be amended as follows: "1. dissemination of narcotic drugs, psychotropic substances and their precursors, the cultivation of narcotic plants, carried out by legal or natural persons and aimed at spreading information about the ways and methods of design, production and use of narcotic drugs, psychotropic substances and their precursors, field acquisition, ways and places the cultivation of narcotic plants, as well as the production and distribution of books , media production, distribution of specified information through the use of information and telecommunication networks or other actions for these purposes is prohibited.
2. Propagating any advantages to using certain narcotic drugs, psychotropic substances, their analogues or precursors, drug plants, including advocacy for medical use of narcotic drugs, psychotropic substances, narcotic plants, suppressing human will either negatively affect their mental or physical health. ";
12) in article 48: a), the words "in the name of the plants included in the list of" were replaced by the words "crops";
b) in paragraph 1, the words "listed plants" were replaced by the words "crops";
13) in paragraph two of article 53, paragraph 1, the words "listed plants" were replaced by the words "drug plants".
Article 3 (repealed-the Federal law dated 04/N 99-FL) Article 4 Paragraph 5 of part 2 of article 151 of the code of criminal procedure of the Russian Federation (collection of laws of the Russian Federation, 2001, no. 52, p. 4921; 2002, N 22, art. 2027; N 30, art. 3020, 3029; N 44, art. 4298; 2003, no. 27, art. 2700, 2706; N 50, art. 4847; 2004, N 27, art. 2711; 2005, N 1, art. 13; 2006, no. 28, art. 2975, 2976; N 31, art. 3452; 2007, N 1, art. 46; N 24, art. 2830, 2833; N 49, St. 6033; N 50, art. 6248; 2009, N 11, art. 1267; N 44, art. 5170; 2010, no. 1, art. 4; N 15, art. 1756), after the words "their counterparts," add the words "of plants containing narcotic drugs or psychotropic substances, or parts thereof, containing narcotic drugs or psychotropic substances".
Article 5 to amend the code of the Russian Federation on administrative offences (collection of laws of the Russian Federation, 2002, N 1, p. 1; N 30, art. 3029; N 44, art. 4295; 2003, no. 27, art. 2700, 2708, 2717; N 46, art. 4434; N 50, art. 4847, 4855; 2004, N 31, art. 3229; N 34, art. 3529, 3533; 2005, N 1, art. 9, 13, 45; N 10, art. 763; N 13, art. 1075, 1077; N 19, art. 1752; N 27, art. 2719, 2721; N 30, art. 3104, 3131; N 50, art. 5247; 2006, N 1, art. 10; N 10, art. 1067; N 12, art. 1234; N 17, art. 1776; N 18, art. 1907; N 19, art. 2066; N 23, art. 2380; N 31, art. 3420, 3438, 3452; (N) 45, St. 4641; N 50, art. 5279; N 52, art. 5498; 2007, N 1, art. 21, 29; N 16, art. 1824, 1825; N 26, art. 3089; N 30, art. 3755; N 31, art. 4007, 4008; N 41, art. 4845; N 43, St. 5084; N 46, art. 5553; 2008, N 18, art. 1941; N 20, art. 2251; N 30, art. 3604; N 49, St. 5745; N 52, art. 6235, 6236; 2009, N 7, art. 777; N 23, art. 2759; N 26, art. 3120, 3122; N 29, art. 3597, 3642; N 30, art. 3739; N 48, art. 5711, 5724; N 52, art. 6412; 2010, no. 1, art. 1) as follows: 1) the first paragraph of part 1 of article 3.12 after the words "precursors," add the words "of plants containing narcotic drugs or psychotropic substances or their precursors, and their parts, containing narcotic drugs or psychotropic substances or their precursors";
2) article 4.2: (a) shall be supplemented with the words) the name "illegal acquisition, storage, transportation of plants containing narcotic drugs or psychotropic substances, or parts thereof, containing narcotic drugs or psychotropic substances";
b) first paragraph, after the words "their analogues" add the words ", as well as the illegal acquisition, storage, transport without purpose marketing plants containing narcotic drugs or psychotropic substances, or parts thereof, containing narcotic drugs or psychotropic substances";
in the second paragraph), the word "entail" replaced by the word "punishable";
g) Note the words "or psychotropic substances and their analogues" were replaced by the words ", psychotropic substances, their analogues or plants containing narcotic drugs or psychotropic substances, or parts thereof, containing narcotic drugs or psychotropic substances";
3) article 6.13: and) name shall be supplemented with the words "of plants containing narcotic drugs or psychotropic substances or their precursors, and their parts, containing narcotic drugs or psychotropic substances or their precursors";

b) first paragraph, after the words "precursors" add the words "of plants containing narcotic drugs or psychotropic substances or their precursors, and their parts, containing narcotic drugs or psychotropic substances or their precursors";
4) article 6.16: and) name shall be supplemented with the words "storage, registration, implementation, transport, purchase, use, import, export or destruction of plants containing narcotic drugs or psychotropic substances or their precursors, and their parts, containing narcotic drugs or psychotropic substances or their precursors";
b) first paragraph, after the words "precursors" add the words ", as well as the storage, registration, implementation, transport, purchase, use, import, export or destruction of plants containing narcotic drugs or psychotropic substances or their precursors, and their parts, containing narcotic drugs or psychotropic substances or their precursors";
5 in article 10.4): a) in the title the words "cultivation, storage sites and processing plants included in the list of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation, and the cannabis substitute crops and storage locations of plants containing narcotic drugs or psychotropic substances or their precursors";
b) in the first subparagraph, the words "of crops, processing plants and storage sites that are included in the list of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation, and the cannabis substitute crops and storage locations of plants containing narcotic drugs or psychotropic substances or their precursors";
6) in article 10.5: a) in the title the words "included in the list of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation, and of wild hemp" were replaced by the words "containing narcotic drugs or psychotropic substances or their precursors";
b) in the first subparagraph the words "included in the list of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation, and of wild hemp" were replaced by the words "containing narcotic drugs or psychotropic substances or their precursors";
7) to supplement article 10.5-1 as follows: "article 10.5-1. The illicit cultivation of plants containing narcotic drugs or psychotropic substances or their precursors, the illicit cultivation of plants containing narcotic drugs or psychotropic substances or their precursors, if this activity does not contain criminal offence-is fined by administrative fine on citizens in the amount of one thousand five hundred to four thousand rubles or administrative arrest for up to 15 days; for legal entities-from 100,000 to 300,000 rubles. ";
8) part 1 of article 23.1 after figures 9.14, "complement" figures 10.5-1 ";
9) in part 2 of article 28.3: a) in paragraph 1 the words "part 2 of article 11.1" were replaced by the words "article 10.5-1, part 2 of article 11.1";
b) para 83 after digits "6.16," complement "figures 10.5-1".
Article 6 Paragraph 2 of article 7 of the Federal law dated March 13, 2006 year N 38-ФЗ "about advertising" (collection of laws of the Russian Federation, 2006, N 12, art. 1232) add the words "of plants containing narcotic drugs or psychotropic substances or their precursors, and their parts, containing narcotic drugs or psychotropic substances or their precursors".
Article 7 this federal law shall enter into force 180 days after the day of its official publication.
Russian President Dmitry Medvedev in Moscow, the Kremlin May 19, 2010 year N 87-FZ

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