Kazakhstan proposes easing penalties for drug possession and use

Kazakhstan's Ministry of Internal Affairs is seeking to soften penalties for certain drug-related offenses by moving them from the Criminal Code to the Administrative Code. The proposed changes target drug use in public places and the illegal acquisition, possession, or transportation of drugs without intent to sell.

Currently, drug use in public can result in fines, labor, or arrest for up to 20 days. Possession without intent to sell carries penalties of fines up to 160 MCI (approximately $692,000 tenge in 2026), corrective labor, or arrest for up to 40 days. The ministry argues that these offenses do not pose a high degree of public danger and that criminal liability, which leads to a permanent record, is disproportionate.

Under the proposed administrative framework, drug use in public would incur a fine of 40 MCI ($173,000 tenge) or 10 days of arrest, with stricter penalties for repeat offenses. Acquisition, possession, or transportation without intent to sell would be fined 30 MCI ($129,750 tenge) or result in up to 10 days of arrest. Manufacturing or processing would carry a fine of 40 MCI or up to 15 days of arrest.

However, criminal prosecution will remain for individuals possessing large or extremely large quantities of drugs, even without intent to sell. These offenses could lead to fines up to 200 MCI ($865,000 tenge) or prison sentences of three to seven years for extremely large quantities. Possession with intent to sell will also continue to be prosecuted under criminal law. The ministry emphasizes that these reforms do not equate to drug legalization but aim to better differentiate offenses based on their public danger.

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A significant portion of criminal procedural resources is spent on investigating acts that do not pose a high degree of public danger. At the same time, criminal p