Possession of drugs not for personal use is a serious felony offense whose maximum penalty is 20 years of imprisonment, identical to the penalty for drug trafficking.
The difference that changes everything
Possession of drugs not for personal use is a serious felony offense whose maximum penalty is 20 years of imprisonment, identical to the penalty for drug trafficking. By contrast, possession for personal use carries a maximum penalty of only 3 years of imprisonment.
This gap is vast. And in most cases it is not determined by the quantity of the drug alone; it is determined in the interrogation room.
The quantities that determine the classification
- Type of drug: cannabis / hashish; maximum quantity for personal use (net): up to 15 grams
- Type of drug: Cocaine; maximum quantity for personal use (net): up to 0.3 grams
- Type of drug: Heroin; maximum quantity for personal use (net): up to 0.3 grams
- Type of drug: Methadone; maximum quantity for personal use (net): up to 0.15 grams
- Type of drug: Opium; maximum quantity for personal use (net): up to 2 grams
- Type of drug: LSD; maximum quantity for personal use (net): up to 3 tablets
These are legal presumptions that can be rebutted in both directions: a quantity above the threshold may still be considered personal use, and a quantity below the threshold may be considered trafficking, if the purpose of the possession was to share with others. A quantity of 5 joints intended for friends can support a charge of possession not for personal use, even if the weight is less than 15 grams.
The definition of a "dangerous drug" is very broad
The Ordinance includes a list of prohibited substances that is updated from time to time, and after an important amendment, any structural derivative of a drug listed in the schedule is automatically considered a dangerous drug. In the leading decision CrimA Leave 4042/2017 Gelman v. State of Israel, it was held that the drug pentedrone, which was not on the list at the time of importation, is considered a dangerous drug because it is a structural derivative of methcathinone.
Practical conclusion: anyone who ordered from the internet "vitamin pills," "stimulants," or "dietary supplements" may be accused of drug importation and possession not for personal use. The police detective may knock on the door before the postal courier.
The interrogation room, where the outcome is determined
First rule: do not say anything before consulting a lawyer.
Police investigators are experienced and trained to make the person being questioned feel comfortable, open up, and talk. Every word is documented. An admission of intent to share drugs with others turns possession for personal use into a charge 10 times more severe. A person being questioned who arrives without a lawyer does not know his rights and cannot demand them.
Did you receive a suspect notification letter under section 60Alef?
This is your last opportunity before an indictment. Do not ignore it; that is a serious mistake. Do not write to the prosecution on your own; that is an even more serious mistake. The only way is representation by a criminal lawyer who will receive the evidentiary material, identify defects in it, and attend a meeting with the prosecution. Two possible outcomes: closing the case without an indictment, or filing a less severe indictment, for example for personal use only.
How do you prove that a large quantity is for personal use?
This is the central defense question in these cases. It may be argued that the large quantity was purchased all at once in order to avoid repeated contact with dealers, to save money, or because of regular use over time. These are legitimate arguments that the case law has recognized, but they require building a precise and early defense line, not a spontaneous one during the interrogation.
Legal representation in cases of possession not for personal use
There is no room for waiting here. Every moment that passes without representation is a moment in which the prosecution fortifies its case. Israel Arama, a former member of the Tel Aviv District Attorney's Office, represents suspects and defendants in drug offenses at all levels. Familiarity with the structure of the evidence, with the weak points, and with the prosecution's classification considerations is what makes the difference. Contact us for an initial consultation without obligation, before giving a statement.
The difference that changes everything — what is important to know?
Possession of drugs not for personal use is a serious felony offense carrying a maximum penalty of 20 years of imprisonment, identical to the penalty for drug trafficking. By contrast, possession for personal use carries a maximum penalty of only 3 years of imprisonment. This gap is immense. And in most cases it is not determined by the quantity of the drug alone; it is determined in the interrogation room.
The definition of a "dangerous drug" is very broad — what is important to know?
The Ordinance includes a list of prohibited substances that is updated from time to time, and following an important amendment, any structural derivative of a drug listed there is automatically considered a dangerous drug. In the leading judgment CrimA Leave 4042/2017 Gelman v. State of Israel, it was determined that the drug pentedrone, which was not on the list at the time of importation, is considered a dangerous drug because it is a structural derivative of methcathinone. Practical conclusion: anyone who ordered from the internet "vitamin pills," "stimulants," or "dietary supplements" may be charged with drug importation and possession not for personal use. The police detective may knock on the door before the postal courier.
The interrogation room, where the outcome is determined — what is important to know?
First rule: do not say anything before consulting a lawyer. Police investigators are experienced and trained to make the person being questioned feel comfortable, open up, and talk. Every word is documented. An admission of an intention to share drugs with others turns possession for personal use into a charge 10 times more severe. A suspect who arrives without a lawyer does not know his rights and cannot insist on them.
How do you prove that a large quantity is for personal use?
This is the central defense question in these cases. It may be argued that the large quantity was purchased all at once in order to avoid repeated contact with dealers, to save money, or because of regular use over time. These are legitimate arguments that the case law has recognized, but they require building a precise and early defense line, not a spontaneous one during the interrogation.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
Initial call No obligation