Sử dụng ma túy có bị xử phạt gì không?

Hành vi sử dụng trái phép chất ma túy không còn là tội phạm nữa, người sử dụng trái phép chất ma túy sẽ bị xử phạt vi phạm hành chính.

Hỏi: Em đã sử dụng ma túy trái phép cách đây khoảng hơn một năm và đã không dùng nữa. Tuy nhiên, mấy người bạn của em bị bắt và đã khai là em có sử dụng ma túy. Qua thử máu và nước tiểu thì em có kết quả âm tính. Xin hỏi là em có bị xử phạt gì không?

can-canh-chat-kich-doc-trong-ma-tuy-da-pha-huy-con-nguoi

Ảnh minh họa.

Cám ơn bạn đã gửi câu hỏi của mình đến trang Tư Vấn của báo Đời Sống & Pháp Luật. Với thắc mắc của bạn, xin được đưa ra quan điểm tư vấn như sau: 

Bộ luật Hình sự năm 1999 có quy định về tội sử dụng trái phép chất ma túy (Điều 199). Tuy nhiên, Luật sửa đổi, bổ sung một số điều của Bộ luật Hình sự năm 1999 (Luật năm 2009) đã bỏ tội này. Do vậy, hành vi sử dụng trái phép chất ma túy không còn là tội phạm nữa, người sử dụng trái phép chất ma túy sẽ không phải chịu trách nhiệm hình sự mà chỉ bị xử phạt vi phạm hành chính.

Cụ thể, theo quy định tại khoản 1 Điều 21 của Nghị định 167/2013/NĐ-CP ngày 12 tháng 11 năm 2013 của Chính phủ quy định xử phạt vi phạm hành chính trong lĩnh vực an ninh, trật tự, an toàn xã hội; phòng, chống tệ nạn xã hội; phòng và chữa cháy; phòng, chống bạo lực gia đình thì người có hành vi sử dụng trái phép chất ma túy sẽ bị phạt cảnh cáo hoặc phạt tiền từ 500.000 đồng đến 1.000.000 đồng đối với hành vi sử dụng trái phép chất ma túy.

Điều 6 của Luật Xử lý vi phạm hành chính quy định về thời hiệu xử phạt vi phạm hành chính như sau:

“1. Thời hiệu xử phạt vi phạm hành chính được quy định như sau:

a) Thời hiệu xử phạt vi phạm hành chính là 01 năm, trừ các trường hợp sau:

Vi phạm hành chính về kế toán; thủ tục thuế; phí, lệ phí; kinh doanh bảo hiểm; quản lý giá; chứng khoán; sở hữu trí tuệ; xây dựng; bảo vệ nguồn lợi thuỷ sản, hải sản; quản lý rừng, lâm sản; điều tra, quy hoạch, thăm dò, khai thác, sử dụng nguồn tài nguyên nước; thăm dò, khai thác dầu khí và các loại khoáng sản khác; bảo vệ môi trường; năng lượng nguyên tử; quản lý, phát triển nhà và công sở; đất đai; đê điều; báo chí; xuất bản; sản xuất, xuất khẩu, nhập khẩu, kinh doanh hàng hóa; sản xuất, buôn bán hàng cấm, hàng giả; quản lý lao động ngoài nước thì thời hiệu xử phạt vi phạm hành chính là 02 năm.

Vi phạm hành chính là hành vi trốn thuế, gian lận thuế, nộp chậm tiền thuế, khai thiếu nghĩa vụ thuế thì thời hiệu xử phạt vi phạm hành chính theo quy định của pháp luật về thuế;

b) Thời điểm để tính thời hiệu xử phạt vi phạm hành chính quy định tại điểm a khoản 1 Điều này được quy định như sau:

Đối với vi phạm hành chính đã kết thúc thì thời hiệu được tính từ thời điểm chấm dứt hành vi vi phạm.

Đối với vi phạm hành chính đang được thực hiện thì thời hiệu được tính từ thời điểm phát hiện hành vi vi phạm;

c) Trường hợp xử phạt vi phạm hành chính đối với cá nhân do cơ quan tiến hành tố tụng chuyển đến thì thời hiệu được áp dụng theo quy định tại điểm a và điểm b khoản này. Thời gian cơ quan tiến hành tố tụng thụ lý, xem xét được tính vào thời hiệu xử phạt vi phạm hành chính.

d) Trong thời hạn được quy định tại điểm a và điểm b khoản này mà cá nhân, tổ chức cố tình trốn tránh, cản trở việc xử phạt thì thời hiệu xử phạt vi phạm hành chính được tính lại kể từ thời điểm chấm dứt hành vi trốn tránh, cản trở việc xử phạt”.

Đối với trường hợp của bạn, do hành vi sử dụng trái phép chất ma túy của bạn đã chấm dứt cách đây hơn 1 năm, cho nên đã hết thời hiệu xử phạt vi phạm hành chính. Do vậy, bạn sẽ không bị xử phạt vi phạm hành chính về hành vi này.

Hy vọng rằng sự tư vấn sẽ giúp bạn lựa chọn phương án thích hợp nhất để giải quyết những vướng mắc của bạn. Nếu còn bất cứ thắc mắc gì xin gửi về báo Đời sống & Pháp luật.

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