Health Ministry proposes exempting minors from criminal liability for drug use

  • 2025-01-27
  • LETA/TBT Staff

RIGA - The Health Ministry has drafted legislative amendments that would exempt minors from criminal liability for the use of narcotic substances, LETA learned.

In the summer of 2024, the Latvian Medical Association and the nongovernmental organization Open Radosais Centrs (Open Creative Center), which works with young people in trouble, released an appeal to authorities to decriminalize drug use. According to the two organizations, such legislative change could prevent deaths from overdose in adolescents and youths, as it would provide more opportunities for prevention, as addicts could speak about their problems more freely. The appeal was met with a mixed response.

The Health Ministry has now prepared draft amendments intended to "promote the resocialization of juvenile offenders". Under the current law, youngsters face criminal liability and a jail sentence for using narcotics, which reduces their chances of successful resocialization, the Health Ministry argues. This also makes treating them for their addictions more difficult.

The ministry notes that, being aware of the legal consequences and their impact on their future, underage drug users are afraid to seek legal and medical assistance.

Citing studies, the ministry points out that decriminalization will improve the health of the drug addicts and reduce the number of deaths from drug overdose.

According to the Health Ministry, decriminalization does not directly affect the prevalence and trends of drug use and possession, but it can improve access to healthcare, as people who may have previously been afraid to seek medical assistance because of legal implications may feel safer seeking the help they need. The ministry believes that decriminalization will make other preventive measures more accessible: harm reduction services, community-based support services and treatment services will also be more widely available.

The amendments provide that minors will not be criminally liable for the use of narcotic or psychotropic substances, while the acquisition or possession of such substances will remain a criminal offense.

The Health Ministry has put the draft amendments to public consultation until February 10.