The Ministry of Justice has sent out for consultation a draft proposal to amend the Penal Code, which, if adopted, would significantly change current sentencing practices related to drug possession and use.

Minister Liisa Pakosta explained that as drugs have become more potent, the daily dose of a long-term addict can legally qualify as a large quantity — an offense that currently leads automatically to criminal charges and the risk of imprisonment.

"In Estonia, we understand it this way: if a person is only harming their own health, we don't send them to prison for that," Pakosta said, explaining the need for the amendment. She added that the current fear of incarceration discourages addicts and their loved ones from seeking help.

"Unfortunately, we're seeing that these people are afraid to ask for treatment for their addiction or any other kind of help because, figuratively speaking, they're thrown straight into prison. And not just figuratively — literally," she said.

Criminal punishment threshold moves to 30 doses

Under the ministry's proposal, the threshold for what qualifies as a large quantity of a narcotic substance would be raised from the current 10 doses to 30 doses. This means that if a person is found with less than that amount, the offense would be treated as a misdemeanor rather than a crime, Pakosta explained.

The minister repeatedly emphasized that this does not amount to the legalization or decriminalization of drugs. "Not a single narcotic substance is being made legal and possession of any narcotic substance will still be considered a misdemeanor punishable by a €2,400 fine," Pakosta confirmed.

Convicting dealers to be made easier

While the policy toward users would become more lenient, the rules for drug dealers and intermediaries would tighten. According to Pakosta, the current requirement to prove that a dealer profited financially would be dropped.

"The law as it stands now basically requires the court to review the business plan, so to speak," the minister said, describing the current situation. Under the new proposal, possession of a large quantity of narcotics would be enough to establish the offense and intent to distribute. "In that case, the person is considered a dealer and can be punished accordingly," Pakosta said.

Cannabis will not be legalized

The state also plans to close a legal loophole concerning new psychoactive substances. Currently, if a substance has not yet been added to the official list of narcotics, police must return it to the individual. Under the proposed changes, authorities would be allowed to hold such substances for up to one year while their potential dangers are assessed, the minister explained.

Despite the more liberal approach to penalizing users, Pakosta remains firmly opposed to the legalization of cannabis. She cited international studies showing that legalization leads to an increase in crime and health issues and paves the way for the use of harder drugs.

The draft proposal has been sent out for broad public consultation in order to find the best way to both support addicts and curb organized crime.

Different punishments for handling different substances

Estonia also plans to introduce differentiated treatment based on the danger level of the substance involved. Currently, Estonia is among the countries where penalties do not take the type of drug into account. However, the Supreme Court has, in several rulings, considered the relative danger of specific substances — for example, referring to cocaine as stronger and more dangerous than average and to cannabis as milder and less harmful.

Therefore, it would be possible to introduce differentiation in drug-related offenses based on specific substances or substance groups and to more clearly define "lower-risk" and "higher-risk" drugs. Separate penalty levels could then be established depending on the classification, the authors of the draft proposal suggested.

Drug use on the rise in Estonia

According to the Ministry of Justice, Estonia has seen a rise in the use of the most common narcotic substances — cannabis, amphetamines and cocaine — as well as in the misuse of prescription drugs in recent years. The potency of these drugs has also increased.

Among young people, the share of repeat users has grown. At the ministry's request, wastewater in 13 of Estonia's largest cities was analyzed quarterly between 2023 and 2024 for traces of drug use. The results showed that three substances — cannabis, amphetamines and cocaine — were consistently present in the wastewater of every city. Nationwide, it is estimated that on an average day, approximately 45,000 doses of cannabis, 3,500 doses of cocaine and 5,000 doses of amphetamines are consumed.

The total number of registered drug-related offenses has remained stable in recent years, at around 1,000 crimes annually — about 4 percent of all recorded crimes.

In 2024, a total of 974 drug-related offenses were committed, 95 percent of which involved the illegal handling of large quantities of narcotic or psychotropic substances.

Meanwhile, individuals convicted of drug-related crimes make up 25 percent of Estonia's prison population, making it the single largest category among those serving actual prison sentences.

In Estonia, a person can face significantly longer prison terms for handling drugs without the intent to distribute than in neighboring countries: up to 10 years for a first-time offense, compared to up to three years in Latvia and Sweden and up to two years in Lithuania, Finland, Norway and Denmark.

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