Russia’s Draconian Drug Policies

By Taylor Schanz

Early last month, a Russian Court’s sentencing of WNBA star Brittney Griner made international headlines.[1] Griner was sentenced to nine years in prison for “smuggling narcotics in a significant amount,” violating Article 229(2)(c) of the Russian criminal code after she was arrested last February for possessing vape cartridges containing hash oil.[2] Griner’s severe sentencing shocked many in the United States and many have advocated for her safe return home.[3] In addition, observers contend that Griner is a political pawn and bargaining chip because of tensions between the United States and Russia over the Ukrainian conflict.[4] While international relations and politics surely play a part, Griner’s sentencing is no shock for those familiar with Russia’s drug laws.[5]

The illicit drug market boomed during the 1990s in Russia.[6] Often referred to as the “wild 90s,” it was a time of economic, political, and social discord with the collapse of the USSR.[7] It also brought new freedoms, such as cross-border trade and travel, further escalating drug use and trafficking.[8] In 2019, the U.S. Department of State estimated that the number of drug users ranges from 7.3 to 8.5 million out of 143 million Russians.[9] While this number might seem minor in comparison to its population size, “Russia has one of the highest rates of injection drug use globally,” with 2.29% of Russia’s adult population (ages 15-64) using injection drugs.[10] Further, the 2019 World Drug Report states that “nearly half of all people who inject drugs reside in Russia, China, and the United States.”[11]

With this high rate of drug usage, Russia has taken a strict absence approach and a "social intolerance" stance in implementing its drug policy.[12] Russia has implemented draconian laws and regulations criminalizing drug use to attempt to decrease drug use.[13] Overall, drug possession is classified as an administrative or criminal offense depending on the quantity possessed. Drug use, however, is frequently punishable by lengthy prison sentences.[14] As a result, "Russia has the highest number of people per capita imprisoned for drug crimes in Europe."[15] Most of those in prison were convicted under Article 228 of the Russian penal code, which "regulates the purchase, possession, distribution, production, and processing" of drugs.[16] It has earned the nickname of "the People's Laws" due to the number of people sentenced under them.[17] While, in theory, small amounts of certain substances are only an administrative offense and result in a fine, police officers often opt for a stronger sentence to meet quotas or pay off bribes.[18] It is not unheard of for police officers to beat and torture drug users and plant drugs in people's possession.[19]

WNBA basketball star Brittney Griner was sentenced to nine years in prison for “smuggling narcotics in a significant amount.” Courtesy AFP via Getty Images.

Russia has treated its drug issue as a “nationalist, securitized, and moral problem,” and has treated addiction as a moral deficiency as opposed to a medical issue.[20] As such, Russia’s severe drug policies have been propagated by the government through strong anti-drug sentiment and social stigma against users.[21] Russian media outlets often depict drug users as “‘animals,’ ‘scum,’ ‘inhuman’. . . and people without ‘moral and ethical norms.’”[22] In addition, vigilante groups have been known to find drug users and torture them, which the Russian government implicitly encourages because these groups rarely face repercussions.[23] Further, once a person is arrested for a drug offense, they obtain a criminal record, which substantially hurts their chances to obtain work or get a driver’s license after they are released.[24] With these restrictions, it is not uncommon for drug users to resort back to drugs.[25]

While Russia’s drug laws are not the severest globally, other countries that have severe drug policies have some forms of harm reduction.[26] However, in Russia, most harm reduction policies are illegal.[27] Even with the limited treatment options available, they are under the scope of law enforcement.[28] Most users are forced to go cold turkey to become clean.[29] A lack of available resources and harsh penalties for drug users has discouraged individuals from seeking help. This has led to risky forms of drug use — like using dirty needles.[30] This approach has created a domestic health crisis because continuous drug usage has led to an increase in “hepatitis, drug-resistant tuberculosis (TB), HIV, and AIDS.”[31] From the years 1995 to 2001, the rate of “HIV infection doubled every six to twelve months.”[32] Today, it is estimated that one in three drug users in Russia are HIV positive — one of the fastest-growing HIV rates in the world.[33]

Russia’s drug legislation and policies have been vicious, politicized, and largely ineffective for the past three decades.[34] Brittney Griner’s case highlighted the reality of many Russian citizens and amplified the need for Russia to reform its drug policies.[35] As it currently stands, Russia’s approach to drug usage is not sustainable and will lead to a further health epidemic if not adequately addressed.[36] The way to tackle this “war on drugs” is to provide harm reduction programs, and treat the underlying issues through a medical lens rather than through moral fault. This would allow drug users to receive the treatment they need, as opposed to facing harsh penalties. However, this approach seems to be far reached, as the anti-drug stigma is still prominent throughout the country, and “most Russians seem to support zero-tolerance policies.”[37] While it might take years for drug sentiment to change, Griner and thousands of Russian citizens remain unjustly behind bars for drug-related offenses.

[1] See Amanda Macias, WNBA star Brittney Griner Sentenced to Nine Years in Prison by Russian Court, CNBC (Aug. 4, 2022, 11:11 A.M.), https://www.cnbc.com/2022/08/04/russian-court-finds-wnba-star-brittney-griner-guilty-on-drug-charges.html.; see also T.J. Quinn, Brittney Griner Sentenced to Nine Years in Russian Prison, ESPN, (Aug. 4, 2022), https://www.espn.com/wnba/story/_/id/34346379/brittney-griner-found-guilty-drug-possession-smuggling.

[2] William Butler, Brittney Griner’s Sentence is in Line with Russia’s Strict Drug Penalties – But How Long She Serves will be Decided Outside the Courtroom, THE CONVERSATION (Aug. 4, 2022, 7:30 P.M.), https://theconversation.com/brittney-griners-sentence-is-in-line-with-russias-strict-drug-penalties-but-how-long-she-serves-will-be-decided-outside-the-courtroom-188271.

[3] Charles Maynes, Bill Chappell, Rachel Treisman, A Russian Court Sentences WNBA Star Brittney Griner to 9 years on Drug Charges, NPR (Aug. 4, 2022, 12:46 P.M.), https://www.npr.org/2022/08/04/1115541890/brittney-griner-russia-drug-trial.

[4] The Daily, How Brittney Griner Became a Political Pawn, N.Y. TIMES (July 6, 2022), https://www.nytimes.com/2022/07/06/podcasts/the-daily/brittney-griner-arrest-russia-us-ukraine.html.

[5] Butler, supra note 2.

[6] Mark Galeott, Narcotics and Nationalism: Russian Drug Policies and Futures 2 (2016). https://www.brookings.edu/wp-content/uploads/2016/07/galeotti-russia-final.pdf.

[7] Id.

[8] Id.

[9] Giavana Margo, Policing and Sentencing Practices in Russia and their Impacts on Women Who Use Drugs, in The Impact of Global Drug Policy on Women: Shifting the Needle 113, 113 (2020).

[10] Id.

[11] Id.

[12] Vice, How Russia Created the World’s Worst Street Drug, YOUTUBE (Apr. 15, 2022), https://www.youtube.com/watch?v=iJNz44AApnk; Margo, supra note 9.

[13] Ombeline Lemarchal, Tackling the Illicit Drug Trade: Perspectives From Russia, RIAC (Sept. 14, 2020), https://russiancouncil.ru/en/analytics-and-comments/columns/eurasian-policy/tackling-the-illicit-drug-trade-perspectives-from-russia/.

[14]  Margo, supra note 9.

[15] Lemarchal, supra note 13.

[16] Alexander Kauschanski, Drug addiction in Russia: Draconian laws instead of help, DW (Nov. 11, 2019), https://www.dw.com/en/drug-addiction-in-russia-draconian-laws-instead-of-help/a-51193559.

[17]  Niko Vorobyov, Brittney Griner highlight Russia’s Inhumane Drug Policies, WASH. POST (Aug. 10, 2022, 12:22 P.M.), https://www.washingtonpost.com/opinions/2022/08/10/brittney-griner-russia-inhumane-drug-laws/.

[18] Id.

[19] Vice, supra note 12.

[20] Galeott, supra note 6, at 1.

[21] Mikhail Golichenko & Anya Sarang, Atmospheric Pressure: Russian Drug Policy as a Driver for Violations of the UN Convention Against Torture and the International Covenant on Economic, Social and Cultural Rights, 15 Health and Hum. Rts, 135, 136 (2013).

[22] Id.

[23] Vice, supra note 12.

[24] Kauschanski, supra note 16.

[25] Vice, supra note 12.

[26] Id.

[27] Vice, supra note 12.

[28]  Margo, supra note 9, at 114.

[29] Vice, supra note 12.

[30] Lemarchal, supra note 13.

[31] Galeott, supra note 6.

[32] Id.

[33] Vice, supra note 12; Lemarchal, supra note 13.

[34] Galeott, supra note 6.

[35] Vorobyov, supra note 17.

[36] Lemarchal, supra note 13.

[37] Vorobyov, supra note 17.