Chapter Bet of the Dangerous Drugs Ordinance, and in particular section 13, defines a sweeping prohibition: export, import, production, trafficking, supply, and brokerage leading to a sale.
What is the offense of drug trafficking?
Chapter Bet of the Dangerous Drugs Ordinance, and in particular section 13, defines a sweeping prohibition: export, import, production, trafficking, supply, and brokerage leading to a sale. The maximum penalty: 20 years of imprisonment. The law does not distinguish between a professional dealer and someone who buys drugs for friends and gets his money back; both are exposed to the same charge. And it does not matter whether there was monetary consideration or not. The transfer of the drug is the problem.
The personal-use exception, the big difference
Section 7(c) of the Ordinance provides: possession solely for personal use, a maximum penalty of only 3 years of imprisonment. The difference between 20 years and 3 years is often the difference between a "trafficking" classification and a "personal use" classification.
In the Second Schedule to the Dangerous Drugs Ordinance, among other things, 15 grams for cannabis and 0.3 grams for cocaine were established. Possession of a quantity exceeding the quantity in the Schedule gives rise to a presumption that the possession is not for personal use, unless proven otherwise; it is not in itself proof that a trafficking transaction was carried out. The rest of the evidence and the possibility of rebutting the presumption must also be examined.
Criminal record, a factor that changes everything
A criminal record has special importance in drug cases, more than in almost any other offense:
In the classification decision between personal use and trafficking, a defendant with a clean record will less often be classified as a dealer. In detention decisions, a defendant with no record will not automatically be viewed as "dangerous." In sentencing, a clean record, contribution to society, work, family, all of these have a real effect on the number of years of imprisonment.
Mitigating circumstances, how to use them
The defendant's knowledge that this is a prohibited drug is a critical mental element. The list of prohibited drugs is updated, and someone who used or imported a substance that turned out to be prohibited without knowing it may be acquitted. Recognition of the mental element and an early challenge to it is one of the strongest defenses in these cases.
The investigation, where the outcome is determined
A drug investigation is conducted by experienced investigators whose one goal is to get the suspect to talk. They create a comfortable atmosphere, feigned empathy, a sense of cooperation, all in order for the suspect to reveal information that will be used against him in court.
Every word said in an interrogation is documented. Anything that was not said cannot be created later.
Investigators have a tendency to broaden warrants and extend detention in drug cases; the court allows itself considerable flexibility when it comes to offenses the system seeks to eradicate. Anyone who arrives for questioning without a lawyer does not know his rights and cannot insist on them.
Preparation before the interrogation is the key. Practicing answers to questions, pressure situations, and setting a clear line of defense—these are not a privilege, they are a necessity.
Sentencing policy, what the court actually does
“Light” drugs in a small quantity, restrained punishment: community service, fines. “Hard” drugs or large quantities, severe punishment intended to send a message to the public. The system sees drug trafficking as a phenomenon that must be eradicated, and therefore responds harshly. It is not advisable to come to court without a prepared strategy, and it is not possible to build an equivalent strategy after the investigation has already undermined it.
Legal representation in drug trafficking cases
There is no room here for half measures. A drug trafficking case requires a fight from the very first moment, during the investigation, in the detention proceedings, at the hearing, and in court. Every stage that is handled correctly saves years. Every stage that is missed is very difficult to repair.
Israel Arama, formerly of the Tel Aviv District Attorney's Office, represents suspects and defendants in serious drug offenses. Familiarity with how the prosecution structures cases, with evidentiary weak points, and with the way decisions are made in the District Attorney's Office is what makes the difference. If you are suspected of drug trafficking, every day without representation is a day the other side is building the case against you. Contact us for an initial consultation with no obligation now.
What is the offense of drug trafficking?
Chapter Bet of the Dangerous Drugs Ordinance, and in particular section 13, defines a sweeping prohibition: export, import, production, trafficking, supply, and brokerage leading to a sale. The maximum penalty: 20 years of imprisonment. The law does not distinguish between a professional dealer and someone who buys drugs for friends and gets his money back; both are exposed to the same charge. And it does not matter whether there was monetary consideration or not. The transfer of the drug is the problem.
Criminal record, a factor that changes everything — what is important to know?
A criminal record has special importance in drug cases, more than in almost any other offense: in the classification decision between personal use and trafficking, a defendant with a clean record will less often be classified as a dealer. In detention decisions, a defendant with no record will not automatically be seen as “dangerous.” In sentencing, a clean record, contribution to society, work, family, all of these have a real effect on the number of years of imprisonment.
Mitigating circumstances, how to use them — what is important to know?
The defendant's knowledge that this is a prohibited drug is a critical mental element. The list of prohibited drugs is updated, and someone who used or imported a substance that turned out to be prohibited without knowing it may be acquitted. Recognition of the mental element and an early challenge to it is one of the strongest defenses in these cases.
Sentencing policy, what the court actually does — what is important to know?
“Light” drugs in a small quantity, restrained punishment: community service, fines. “Hard” drugs or large quantities, severe punishment intended to send a message to the public. The system sees drug trafficking as a phenomenon that must be eradicated, and therefore responds harshly. It is not advisable to come to court without a prepared strategy, and it is not possible to build an equivalent strategy after the investigation has already undermined it.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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