Endless debate: decriminalization of the illicit disposal of small quantities of drugs or psychotropic substances for non-distribution purposes

Abstract The main purpose of this article is to examine the justification for criminalizing the disposal of narcotic drugs and psychotropic substances for non-distribution purposes. For this purpose, the article analyses the legal regulation of the European Union countries in the field of criminalization of drug possession, showing the tendencies of European countries to decriminalize the offences under investigation or to pursue a policy of tolerance. It also examines the historical experience of different countries in decriminalizing the possession of narcotic drugs and psychotropic substances and develops a debate on the benefits of decriminalization and the harms of criminalization. Finally, a study of Lithuanian case law on sentencing for possession of narcotic drugs and psychotropic substances without intent to distribute is presented. This study shows that the Lithuanian courts do not consider these offences to be particularly dangerous, which supports the fact that the problem of drug use can be tackled not only through criminal law but also through the use of other, that is softer, branches of law, such as administrative law, thus ensuring the implementation of the criminal law as the ultima ratio principle.