The Dangerous Drugs Ordinance draws a substantive distinction between two categories, and the difference between them is immense:
The critical distinction: personal use versus possession not for personal use
The Dangerous Drugs Ordinance draws a substantive distinction between two categories, and the difference between them is immense:
Possession for personal use, a maximum penalty of 3 years’ imprisonment. Possession not for personal use, a maximum penalty of 20 years’ imprisonment.
The classification between the two does not depend only on the quantity; it depends on all the circumstances of the case, on the version given in the interrogation, on the evidence, and on the defense strategy. Proper representation at the early stage is what determines which track the case will be classified into.
Table of quantities prescribed by law
- Type of drug: Cannabis (marijuana, grass); maximum quantity for personal use (net): up to 15 grams
- Type of drug: Cannabis resin (hashish); maximum quantity for personal use (net): up to 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 units
- 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: Morphine; maximum quantity for personal use (net): up to 0.3 grams
- Type of drug: Methamphetamine (crystal meth); maximum quantity for personal use (net): up to 0.2 grams
Important: the quantities are net, after stems, roots, and elements that are not the drug itself are cleaned out by the drug laboratory at National Headquarters. The prescribed quantities are a rebuttable presumption; even someone caught with a quantity smaller than the threshold may be charged with trafficking if the circumstances of the case prove that the drug was not intended for personal use.
What determines the classification between personal use and trafficking?
Not only the quantity. The court considers: the manner of packaging; the number of separate portions; the presence of cash; means of payment; phone correspondence; witness testimony. Any one of these factors can turn possession for "personal use" into a charge of "not for personal use." And each of these factors is also a point of attack for the defense, if it is handled correctly.
The interrogation, where the classification is determined
The police investigator who comes to you is not a friend. Every word you say will go into the case file and be used against you. A suspect who comes to an interrogation without prior advice may, with his own hands, create the evidence that will lead to a more severe classification.
Every person under investigation has a basic right: to consult a lawyer before giving a version. Even before speaking with the police officer who is taking him to the station. This right is not a "smart move"; it is an obligation.
Actual sentencing, the flexibility that exists
The courts examine each case on its own merits. A young man with no criminal record who is caught with a quantity for personal use may end with a lenient sentence. A burdensome criminal record changes the picture for the worse. But even in more complex cases, cases that were handled properly led to significant results: gross quantities of 350, 180, and 70 grams of cannabis that were returned to the classification of personal use and ended without a conviction. A net quantity of 235 grams that ended in a plea agreement without a conviction. These are not accidental results; they are the result of proper management of the proceeding from the first stage.
No conviction, an option that is important to know exists
In drug cases, there is a possibility of concluding the proceeding without a criminal conviction, even after an indictment has been filed. Plea agreements that are properly negotiated with the prosecution, together with presenting the full range of the defendant’s personal circumstances, may help conclude the proceeding without a conviction and reduce harm to the defendant’s professional future. However, no-conviction does not guarantee the absence of a record: certain orders and decisions are recorded even without a conviction, and access to the information is regulated by law.
Legal representation in drug cases
Drug cases require a fight, not waiting to see what happens. Every stage that is handled properly—the search, the interrogation, the hearing, the conduct of the trial—changes the outcome. 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 from the inside, with the prosecution’s classification considerations, and with the weak points in every case is what makes the difference. Contact us for an initial consultation without obligation before giving a version.
The critical distinction: personal use versus possession not for personal use — what is important to know?
The Dangerous Drugs Ordinance draws a substantive distinction between two categories, and the difference between them is vast: possession for personal use, a maximum penalty of 3 years of imprisonment. Possession not for personal use, a maximum penalty of 20 years of imprisonment. The classification between the two does not depend only on the quantity; it depends on all the circumstances of the case, the version given in the investigation, the evidentiary material, and the defense strategy. Proper representation at the early stage is what determines which track the case will be classified into.
What determines the classification between personal use and trafficking?
Not only the quantity. The court considers: the manner of packaging; the number of separate portions; the presence of cash; means of payment; phone correspondence; witness testimony. Any one of these factors can turn possession for "personal use" into a charge of "not for personal use." And each of these factors is also a point of attack for the defense, if it is handled correctly.
The investigation, where the classification is determined — what is important to know?
The police investigator who approaches you is not a friend. Every word you say will enter the case file and be used against you. A suspect who comes to questioning without prior advice may, by his own hand, create the evidence that will lead to a more severe classification. Every person being questioned has a basic right: to consult a lawyer before giving a version. Even before speaking with the officer leading him to the station. This right is not a "smart move"; it is an obligation.
Non-conviction, an option that is important to know exists — what is important to know?
In drug cases, there is a possibility of concluding the proceeding without a criminal conviction, even after an indictment has been filed. Plea agreements that are properly negotiated with the prosecution, together with presenting the full range of the defendant’s personal circumstances, may help conclude the proceeding without a conviction and reduce harm to the defendant’s professional future. However, no-conviction does not guarantee the absence of a record: certain orders and decisions are recorded even without a conviction, and access to the information is regulated by law.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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