The government majority in the Hungarian Parliament has passed an amendment to the Criminal Code introducing stricter penalties for drug offences. Civil society organisations that have criticised these legal changes and advocate for harm reduction are now facing threats and defunding.
On Tuesday morning, Parliament adopted the new drug law with 144 votes in favour, 20 against, and 12 abstentions. Until now, drug users could avoid criminal prosecution by participating in a six-month outpatient addiction treatment programme. Under the new law, offenders can only be diverted from the criminal justice system if they disclose the identity of the person who sold them the illegal substance. If they reoffend, they lose their eligibility for diversion and will be prosecuted.
Although sanctions for drug offences in Hungary were already among the strictest in Europe, the current amendments make them even harsher. For example, the purchase of even a small amount of illicit drugs within the grounds of an educational institution (such as a university dormitory) by an adult will now be punishable by one to five years’ imprisonment. Possession or production of drugs in quantities larger than deemed “small” will be punishable by five to ten years’ imprisonment. Distributing drugs in large quantities can attract a life sentence without the possibility of parole. Authorities are also now empowered to seize the property (houses, cars) of individuals convicted of drug distribution.
The government rejected an opposition amendment that would have required the allocation of budgetary resources for prevention, treatment, and harm reduction, instead of pursuing a unilateral “war on drugs”. Hungary’s national drug strategy expired five years ago, and dedicated grants have since been discontinued. Civil society organisations have been prohibited from conducting drug prevention activities in schools, and the two largest harm reduction programmes have been shut down. Organisations advocating for drug policy reform and harm reduction, such as Drugreporter, are regularly attacked in the pro-government media.
During the parliamentary debate, the government’s drug commissioner, László Horváth, openly threatened civil society organisations critical of the government’s anti-drug campaign. “These self-righteous international organisations—posing as independent but clearly anti-government, along with their Hungarian branches—would do well not to continue obstructing and undermining this work,” he said. “They should not seek to strip society or the nation of its right to defend itself against drugs.”
Péter Magyar, the leader of the strongest opposition party, Tisza, meanwhile accused the government of planning to use the strict drug law, following the Russian model, to cripple the opposition by bringing false drug charges against them.
NGOs such as the Rights Reporter Foundation, which operates the Drugreporter website, feel left behind. They are often labelled as “foreign agents” or “Soros agents”, despite the fact that international support and funding have been scarce in recent years. Major international donors that previously funded harm reduction advocacy, such as the Open Society Foundations, have withdrawn from Hungary and discontinued funding Drugreporter. Thus it finds itself in an absurd position: branded a “Soros agent” while receiving no funding and support from Soros’ institute.
Although the European Union claims to pursue a balanced, integrated, evidence-based approach to drug policy, does not provide any funding on drug policy activities. The only dedicated European grant for harm reduction-related projects, the EC JUST programme, has been discontinued without replacement. Hungary—a member state—openly undermines this approach, in clear violation of the letter and spirit of the EU Drug Strategy, without facing any consequences. The European Union Drugs Agency (EUDA) has also failed to produce any reports or evaluations on the negative human rights and public health impacts of repressive drug policies.
