A number of addictive substances are permitted by law. However, their use is prohibited in many situations. For example, when you plan to get behind the wheel or go to work. And it’s particularly problematic if you work as a bus driver or an anaesthetist. In this article, we’ll look at what all addictive substances are and tell you what penalties you face if you endanger someone or something while under their influence.
Addictive substances are chemicals that can cause physical or psychological dependence. Their use often leads to a compulsion to continue using despite the negative effects on health, social relationships or daily life.
Addictive substances can be divided into several categories according to their effects on the mind and body:
Anxiolytics are substances that relieve anxiety and tension. Examples include benzodiazepines such as diazepam and alprazolam, and barbiturates. These substances are often prescribed to treat anxiety disorders and insomnia, but long-term use can lead to addiction, sedation, confusion and memory problems.
Euphoriants induce feelings of euphoria and happiness. The best known euphoriants are MDMA (ecstasy) and cocaine. The use of these substances can cause intense feelings of joy and energy, but also leads to exhaustion, dehydration, heart and psychological problems.
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Stimulants are substances that increase alertness, energy and activity. Common stimulants include methamphetamine, amphetamines, caffeine and nicotine. These substances increase heart rate and blood pressure, which can lead to insomnia, psychosis and other serious health problems. Pervitin, also known as methamphetamine, is highly addictive and its use can cause serious damage to the brain and other organs.
Depressants are substances that depress the central nervous system. These include sedatives, which are substances that calm and relax the body and mind. A typical sedative is alcohol, whose regular use damages the liver and other organs, as well as barbiturates and benzodiazepines, which are sleeping pills and drugs used to treat anxiety.
We also include hypnotics, which are substances used to induce sleep. Common hypnotics include zolpidem, eszopiclone and benzodiazepines. These substances can be effective in the short-term treatment of insomnia, but their long-term use leads to dependence, tolerance, memory problems and daytime sleepiness.
Narcotics are the last group. These are powerful analgesic substances that reduce pain and induce euphoria. Heroin, morphine and oxycodone are examples of narcotics that are highly addictive and can cause overdose and respiratory depression.
Hallucinogens are substances that cause changes in perception, thinking and mood. They are divided into several subgroups according to their specific effects and mechanisms of action. These include psychedelics (e.g. LSD or psilocin mushrooms), which cause intense changes in perception, thought and emotion. They act primarily on serotonin receptors in the brain and can cause powerful hallucinations, changes in perception of time and space, and profound introspective experiences.
It also includes dissociatives (e.g. ketamine), which cause feelings of separation or disconnection from one’s own body and surroundings. These substances act primarily on glutamate receptors in the brain and can lead to profound changes in perception and consciousness.
The last group is made up of delirogens (e.g. atropine scopolamine), which cause delirium, a state of confusion, hallucinations and loss of contact with reality. These substances often affect the cholinergic system in the brain and can cause serious mental and physical problems.
The effects of different types of addictive substances vary considerably. You can get a better idea of what their effects look like in practice by watching the Czech Television series Adikts.
Addictive substances are regulated by the Addictive Substances Act. It defines addictive substances as narcotic drugs and psychotropic substances of natural or synthetic origin that have psychoactive effects and are also listed in the list of addictive substances. It also includes solutions containing those substances, poppy, cannabis and coca bush, with the exception of cannabis, which contains no more than 1 % of substances from the tetrahydrocannabinol group.
Endangerment under the influence of an addictive substance is defined by the Criminal Code as a situation where a person carries out his or her employment or other activity in which it is possible to endanger the life or health of people or cause significant damage to property (e.g. driving a motor vehicle) in a state of incapacity brought about by the influence of an addictive substance.
This means that a person may not cause injury or damage at all by his or her activity, but still commits a criminal offence. The very fact that he or she carries out the activity under the influence of an addictive substance plays a role.
For example, the rules are clearly set out for alcohol, but for other addictive substances the situation usually needs to be assessed on an individual basis. For individual substances, the law sets limits on when a person is considered to be under the influence, but the circumstances of the situation still need to be assessed. The person may not be so affected by the addictive substance that he or she is incapable of certain activities.
Tip: Have you done something illegal and you are not sure if you are criminally responsible for your actions? We have discussed when you have criminal liability and what the Criminal Code says about it in our article.
In this case, toxicology specialists and psychiatrists are involved in the process. Toxicology is the science that deals with the effects of chemicals on living organisms, including humans. Based on the results of a blood or urine sample, a toxicologist determines the type and amount of an addictive substance present in an individual’s body at the time of an incident, such as driving under the influence.
Once the toxicologist has determined the type and amount of the addictive substance, the next step is to bring in a psychiatric expert. This expert is tasked with assessing the specific effects of the addictive substance on the individual. The psychiatrist examines how a given amount of the addictive substance affected the individual’s behavior and decision-making, and to what extent the individual’s condition may have been affected by the detected concentration of the substance. The length of time the addictive substance has had an effect is also an important factor, as the effects of substances change over time and their effects may diminish or manifest themselves differently over time.
In addition to chemical analyses and expert opinions, it is also important to assess the offender’s reactions to the substance used and his or her behaviour under its influence. Evidence of his condition may include testimony from persons who were present, such as police officers or doctors who conducted the clinical examination. These witnesses can provide valuable information about the offender’s behaviour, motor skills, ability to communicate and general mental state at the time he was under the influence of the substance.
Tip: There is a loosening in the illegality of drugs around the world. One of the main topics of the moment is the legalization of marijuana, which our national drug coordinator Jindřich Vobořil agrees with. You can read more about where this is heading in the Czech Republic in our article on the legalisation of marijuana in the Czech Republic.
Based on a professional assessment, a decision will be made as to whether this is a misdemeanour only, which usually carries a fine or a driving ban (if you have been driving under the influence).
Tip: Have you received a ticket or summons? The penalties can be high and it is not worth going through the misdemeanor procedure without consulting an attorney. An attorney can help you with making the right arguments as well as obtaining evidence.
However, if the facts of the offence are fulfilled, the penalties will be more severe. Specifically, you may be sentenced to up to one year’s imprisonment, a fine or a ban on activity. More severe penalties, specifically in the form of a prison sentence of six months to three years, a fine or a ban on activity, may then be imposed if:
Tip: Have you been accused and prosecuted? The stakes are high and it is not worth going through the criminal process without consulting an attorney. We will conduct a careful analysis of your case and suggest a course of action for your criminal defense, in which we will vigorously enforce your rights.
The Substance Abuse Act regulates the use of these substances. The Criminal Code then defines the conditions under which endangerment under the influence of an addictive substance occurs. Toxicologists and psychiatrists play a key role in assessing these cases by analyzing the presence and effects of addictive substances in the offender’s body. On the basis of their expertise, penalties are determined, which may include fines , prohibition of activity or imprisonment, depending on the seriousness of the offence and the repetition of the offence.
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