The Hungarian government has announced it is getting tough on drugs.
Lawmakers in Budapest will submit a legislative package in 2025 that amends existing narcotics laws and bolsters the government’s new zero-tolerance policy towards drug use.
These proposed legislative changes filed with the National Assembly on 1 April 2025 as draft legislation reflect statements by the Hungarian government that the drug problem in Hungary has become increasingly prominent over the past ten years. In view of this, the declared aim of the amendments is “to completely eradicate the use, distribution and promotion of drugs and illegal psychoactive substances”.
The 2025 legislative package will tighten regulations in several areas: the consequences of offences will be made more severe and authorities will be given new tools to crack down on drug-related crimes. According to the government, the changes are being made to create a safer environment and discourage drug use among young people. The question, however, is – how effective will a purely punitive approach be to a complex social problem?
The following article contains a review of the content, reasons, shortcomings of the 2025 amendments, and information on drug-use trends over the past decade and professional feedback.
Content of the 2025 amendments; what laws become stricter, what changes?
In its campaign against drugs, the Hungarian government will amend several laws including the Police Act – Act XXXIV of 1994, the Health Data Protection Act – Act XLVII of 1997, the Act against Organised Crime – Act LXXV of 1999, and the Criminal Code – Act C of 2012.
The key changes found in the 2025 package submitted to the National Assembly on 1 April as draft legislation are summarised below:
- Tightening the conditions for diversion: “diversion”, in which individuals charged with some drug-related crimes could avoid prosecution by completing a six-month treatment/prevention programme, will only be available in the future if the drug user caught in the act reveals from whom the drugs were obtained. In effect, the legislator will impose an informer role on casual users, with the promise of “unlimited leniency” if they name their distributor. Also, a drug consumer may only divert twice in a lifetime. On the third occasion, the individual cannot escape prosecution. The proposal explicitly states that if a person gives false information about a dealer (e.g. lies about the source in order to divert), the individual will commit the crime of false accusation.
- The new category of punishment for psychoactive substances will be introduced: the category of “new psychoactive substances” (i.e. designer drugs), which has previously been treated separately in legislation until now, will be abolished. There will no longer be a distinction between traditional drugs and other intoxicating substances. All mind-altering substances that are capable of inducing a state of intoxication and are not intended for human consumption (e.g. certain chemicals, plant debris) will be considered drugs within the scope of the Criminal Code. This will make the use and possession of small quantities of designer drugs a criminal offence instead of a misdemeanour. The penalty ranges will also increase. What was previously an offence punishable by a maximum detention will now potentially result in a prison sentence imposed through court proceedings.
- Stricter penalties for offering, sharing, trafficking: the new regulations will specifically criminalise the offering or transfer of drugs. Offering or persuading others to use drugs without any financial compensation will be punishable by up to two years imprisonment. If the drug is made available to more than ten people, the maximum sentence will be three years. Placing on the market or trafficking (i.e. distribution, sale) of drugs will remains punishable by up to five years imprisonment in the basic case, and the penalties for aggravated cases will also be increased. For example, importing or ordering drugs from abroad will be a new aggravating circumstance: the prison sentence for importing or ordering drugs from abroad will be two to eight years (previously it was less severe) while the sentence for commercial offences will increase to five to ten years. Another new provision will be that ordering a small quantity of drugs into the country (typically for consumers ordering small quantities from abroad over the internet) will now be punishable by up to two years imprisonment.
- Extension of confiscation of assets and property: the amendment to the Criminal Code will widen the scope of confiscation in drug trafficking cases. All tools, vehicles, equipment and property used by dealers in the drug business can be confiscated.
- Temporary closure of premises: the amendment will introduce the measure of closure of premises for drug offences. If a second drugs-related offence is committed in a restaurant or shop within a year, the municipal clerk must order the temporary closure of the premises for a period of six months to one year. The rule will apply if the owner or operator was aware of or assisted in the drug-related offence. The reason for the closure must be clearly displayed on a sign outside the entrance to the closed premises, stating that the reason for the closure is a drug-related offence.
- Introduction of public safety detention: the new legislation will give the police the authority to detain for up to 72 hours anyone found in a public place in an intoxicated state (whether drug or even alcohol, although the communication will focus on drug users). Detention will be considered justified if the person is found to be harassing others or seriously disturbing the peace, if they are subject to regular action or if they fail to cooperate with doctors/medics after being brought into custody. There will be no right of appeal, even in the form of judicial review, against a 72-hour detention order.
- Preventive supervision: a new element in criminal proceedings will be preventive supervision, which can be ordered by the prosecutor’s office for three months (and renewed once) in cases of suspected drug use or possession. In principle, this will not be a residence ban, but only requires the person concerned to report to the police and to “passively cooperate”. The measure will be intended to keep the suspected consumer in the sights of the authorities, but it will not be used against members of the Hungarian armed forces or minors.
- Release on parole and prohibition from residing in a particular area: repeat drug dealers will be judged more harshly. In the future, a person who commits a drug trafficking offence as a particular repeat offender (i.e. a second offence) will not be eligible for parole. In addition, courts will be able to ban dealers from certain municipalities or regions of the country for up to five years. This banning penalty could, for example, prevent a convicted dealer from returning to his former area of operation.
- Amendment to the Constitution: the Parliament adopted the 15th Amendment to the Constitution on 15 April 2025, which declares that “the production, use, distribution and promotion of narcotics shall be prohibited in Hungary” and has included the principle of combating drugs at constitutional level. Although the amendment does not introduce new legal measures in practice since these acts were already prohibited under statutory law, the political message is clear: the current government emphasises a zero-tolerance policy towards drugs.
Overall, the 2025 drug legislative package proposes a much stricter approach towards consumers and distributors than before. In its stated priority to protect the younger generation, the government appears ready do whatever necessary to stop the spread of “toxic concoctions” (i.e. designer drugs) at any cost.
Undeniably, the tightening measures leave out all “soft” elements outside of punishment. Critical voices say that instead of taking steps to genuinely protect young people (e.g. health promotion in schools, mental health programmes, family support), the legislature is focussing exclusively on heavy-handed enforcement tools.
It cannot be excluded that international and domestic pressures may force these gaps to be filled sooner or later. UN World Drug Day 2023 promoted the motto: “elimination of stigma and discrimination, and the promotion of prevention”, and an official of the National Centre for Public Health pointed out at a police conference that community involvement and prevention are key in the fight against drug use.
In addition, the Budapest Metropolitan Municipality’s Metropolitan Drug Strategy (2024-2029), which focuses on harm reduction and assistance, stands in sharp contrast to the government’s approach. Professional circles have called for the passage of a complex package of measures to complement the strict laws as soon as possible, which include prevention sessions in schools, more funding for treatment and rehabilitation institutions and new harm-reduction projects.
It is also important to put Hungarian draft legislation in international context. Between 2015 and 2025, there was a mitigation in drug policies in several jurisdictions around the world. Many states decriminalised the recreational use of cannabis or recognised its medical use, and greater emphasis was placed on recovery support.
In contrast, Hungary remains one of the last countries in Europe, which represents a strict, prohibitionist approach. Portugal, for example, decriminalised drug use in 2001 (and has experienced low drug death rates since then). In contrast, Hungary re-criminalised a small quantity of drugs in 2013. Further tightening in 2025 opposes the international trend and is expected to attract the attention of the EU’s drug agency (EUDA), which has already noted that Hungary has “one of the strictest regulations in Europe” while offering inadequate care for problematic drug users. If trends (e.g. drug consumption, appearance of new drugs) continue, Hungarian policy must inevitably move towards a more complex approach.
The article was co-authored by Martin Kócsó and Laura Nunkovics.
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