Kazakhstan's Ministry of Internal Affairs (MVD) has proposed moving some offences related to the acquisition, possession and transport of drugs without the intent to sell from criminal to administrative liability. Criminal liability for drug offences involving large and especially large quantities, as well as for drug trafficking, would be retained.
WHAT IS BEING PROPOSED
The document underpinning the future draft law has been published on the "Open NLA" portal.
It is proposed to remove from Article 296 of the Criminal Code of the Republic of Kazakhstan ("Unlawful handling of narcotic drugs, psychotropic substances and their analogues without the intent to sell") the provisions on liability for non-medical drug use in public places, as well as for the manufacture, processing, acquisition, possession and transport without the intent to sell.
Instead, it is proposed to add Article 440-2 of the Code of Administrative Offences of the Republic of Kazakhstan ("Unlawful handling of narcotic drugs, psychotropic substances and their analogues without the intent to sell"). Acquisition, possession or transport without the intent to sell could be punishable by a fine of 30 MCI — 129,750 tenge or up to 10 days of administrative detention.
For manufacture or processing without the intent to sell, a fine of 40 MCI — 173,000 tenge or up to 15 days of detention is proposed. A repeat offence within a year could result in a fine of 50 MCI — 216,250 tenge or up to 20 days of detention. In all cases, the drugs are subject to confiscation.
HOW LIABILITY FOR USE WILL CHANGE
Non-medical drug use in public places is proposed to be brought under Article 440-1 of the Code of Administrative Offences of the Republic of Kazakhstan ("Non-medical consumption of narcotic drugs, psychotropic substances, their analogues, as well as potent substances").
Such an offence would carry a fine of 40 MCI — 173,000 tenge or up to 10 days of administrative detention. For a repeat offence, the document provides for a fine of 50 MCI — 216,250 tenge or up to 15 days of detention.
WHAT CRIMINAL LIABILITY WILL REMAIN
Criminal liability will be retained for the manufacture, processing, acquisition, possession and transport of drugs without the intent to sell in large and especially large quantities.
Large quantities carry a fine of up to 200 MCI — 865,000 tenge, correctional or community service, or up to 50 days of detention. Especially large quantities carry a prison sentence of three to seven years.
Actions involving the intent to sell will continue to be prosecuted under Article 297 of the Criminal Code of the Republic of Kazakhstan ("Unlawful acquisition, possession, transport for the purpose of sale, forwarding or sale of narcotic drugs, psychotropic substances and their analogues"). The authors of the document stress that decriminalisation does not mean legalisation of drugs.
WHY THE MVD IS PROPOSING THE CHANGES
According to the MVD, in 2025, 2,993 pre-trial investigations were registered under Parts 1 and 2 of Article 296 of the Criminal Code of the Republic of Kazakhstan. Of these, 1,348, or 45%, were closed on rehabilitative grounds. 1,873 people were convicted.
The ministry also noted that the provision on drug use in public places is barely enforced. In 2020, 539 people were convicted for this, whereas in 2025 only 11 people were. At the same time, the current provision formally retains criminal liability and a criminal record.
WHAT THE DOCUMENT PROVIDES
Voluntary surrender of drugs, under the proposal, would become grounds for exemption from administrative liability, provided the person's actions do not constitute another offence. Drugs seized upon apprehension would not be considered voluntarily surrendered.
The consultative document has been put out for public consultation until 8 September.
