Cannabis Freedom Index

Changelog d3cd344

Reconstruct Kazakhstan’s 2011–2015 possession-law reversal

1 history entry added2 history entries edited1 article written1 article edited2 files of code, design or docs +329 −43 lines

History changes.yaml

Added 1

Edited 2

Kazakhstan moves large personal drug holdings out of criminal law

date

2011-01-18

title

Kazakhstan makes small-scale possession an administrative offencemoves large personal drug holdings out of criminal law

description

Law 393-IV of 18 January 2011 on the further humanisation of criminal legislation decriminalised Part 1 of Article 259 of the Criminal Code: illegal purchaseKazakhstan made buying, transportcarrying or storage of narcotics or psychotropic substanceskeeping drugs without intent to sell,supply in large quantities as the EMCDDA describes it. The act becamelegally defined large-quantity band an administrative offence, punishable by a fine of up to 200 calculation units or up to 45 days’ detention.[@1] The 2011 reform was part of a programme to reduce criminal prosecution and imprisonment of users.[@2] Especially large personal holdings still carried three to seven years in prison, while the replacement code made smaller holdings criminal in 2015.[@3,4]

before

possession 12 · cultivation 1 · enforcement 1 · sharing 1 · consumption 12 · access 0

sources

Kazakhstan — Law 393-IV of 18 January 2011, reproduced by CDB CADAP — National report on the drug situation in Kazakhstan 2012 Kazakhstan — Criminal Code, 2011 consolidation, WIPO Lex 11523 Kazakhstan — Criminal Code, edition effective 1 January 2015, WIPO Lex 16084 EMCDDA — Overview of the drug situation in Kazakhstan (2014) EMCDDA (Wayback copy) — Overview of the drug situation in Kazakhstan (2014)

tags

thresholds, sentencing

related

kazakhstan-criminal-code-2015

Kazakhstan comes under the Soviet ban on growing Indian hemp

date

19341935

title

TheKazakhstan comes under the Soviet ban on growing cannabis covers KazakhstanIndian hemp

description

TheFrom 1935 the Soviet Union prohibited the unauthorised cultivation ofsowing Indian hemp except for crops devoted exclusively to medical and scientific needs.[@1] The decree required criminal liability and compulsory confiscation of unauthorised crops, and instructed the opium poppyunion republics to amend their criminal codes. Kazakhstan was a Soviet republic[@1] Signed on 27 October 1934, it expressly took effect the following year.[@1]

sources

USSR — Decree prohibiting opium-poppy and Indian-hemp sowing, 27 October 1934, Istmat reproduction Wikipedia — Cannabis in Russia

tags

home-growing, eradication

related

kazakhstan-criminal-code-2015

Articles and atlas entries 2

kazakhstan-humanisation-2011 articles/kazakhstan-humanisation-2011.md

text

On 18 January 2011 Kazakhstan passed Law 393-IV,moved a packageband of amendments "on the further humanisationpersonal drug possession out of criminal legislation"law in 2011. One of its provisions tookSomeone buying, carrying or keeping a quantity of a drug with no intention of sellinglegally defined large amount without intending to supply it out of the Criminal Codecould instead receive an administrative fine or up to 45 days’ detention. The distinction between a large and an especially large amount determined whether years in prison remained possible.[@1,3] ## What was decriminalisedA reform aimed at fewer prosecutions The provision was Part 1change formed part of Article 259Kazakhstan’s policy of the Criminal Code then in forcemaking criminal law less punitive. The national drug report described a shift away from prosecuting users for minor offences towards tackling organised supply networks. It setcredited the reform with reducing criminal penalties for illegally buyingliability and the prison population, transporting or storing narcotics or psychotropic substances in large quantities without the purposegiving a cannabis-specific count of selling thempeople released. Under Law 393-IV that act stopped being a crime[@2] President Nursultan Nazarbayev signed the amendment on 18 January. From 2011 it carried administrative liability underIt deleted the Codefirst part of Administrative Offencesthe old possession offence and created a corresponding administrative penalty. Its commencement clause required ten calendar days to pass after the first official publication.[@1] ## Administrative liability could still mean detention The change was part ofnew large-quantity band carried a programmefine of up to 200 monthly calculation units, the Concept of Legal Policystatutory units used to 2020set penalties, whose stated aim wasor administrative detention for up to make the criminal law more humane45 days. The rest of the drug framework stayed as it was. ## What stayed The European drugs agency's overview of Kazakhstanremaining criminal offence covered especially large personal holdings, writtenpunishable by three to seven years in 2014, sets out the rules around itprison. - Selling a narcotic is a crime whatever the amount Supply remained criminal regardless of quantity.[@1,3] The later administrative- Acts involvingcode consolidation also retained a large amount remain the basisseparate lower tier for prosecution. - Using drugs is not itselfdrug handling without the elements of a criminal offence, but non-medical: an individual faced a fine of five to ten calculation units or up to ten days’ detention. Voluntarily handing over the drugs could exempt the person from liability. Users therefore still faced punishment even when their conduct fell outside criminal law.[@4] ## Public use had its own penalties Using drugs in a public place is an administrative one, punished byfollowed a fineseparate administrative rule. A repeatfirst offence brought a five-unit fine, repetition within a year brings a higher finedoubled it, and a person caughtalready punished twice in awithin the year can be placed in administrativefaced fifteen days’ detention. - The law provides for the compulsory treatment of people dependent onrules distinguished keeping drugs. The basic statute behind all of this is Law 279 of 10 July 1998 on narcotic drugs from consuming them, psychotropic substances and precursorsso removing one criminal possession offence did not settle every consequence of cannabis use.[@4] ## The background The same overview describes a country where cannabis is the main drug. The last national survey,Criminal liability returned in 2001, put the share of the population dependent2015 The [replacement criminal code](/history/kazakhstan-criminal-code-2015/) took effect on drugs at 1 January 2015.7%, and found cannabis involved for 81.3% of them. A school survey of 2006 found that 2.7% of pupils aged 14 and 15 had used marijuana It covered personal possession in the past yearordinary and large bands through lesser criminal offences and made non-medical public use criminal too. ## Since then Kazakhstan adopted a new Criminal Code in 2014. Its Article 296 again covers acquiring or keeping drugs without intent to sell, with a fine, Fines and community service or short arrest forwork were among the basic offence and prison only for an especially large amountsentencing choices; the original code deferred its arrest provisions. ## Why[@5] That reversal closes the index moved The index movedshort period of broader administrative treatment. [Kazakhstan’s profile](/country/kz/) from 9 to 14 withfollows the [2011 law](/history/kazakhstan-humanisation-2011/)later code, the only scored step inwhile this episode explains why descriptions of its record since2011 reform differ from the Soviet banlaw users face today. Possession rises from [@1 to 2 and enforcement from 1 to 2, because the ordinary case of personal possession stopped leading to a prison sentence. 5]

model

opus-5.5

sources

Kazakhstan — Law 393-IV of 18 January 2011, reproduced by CDB CADAP — National report on the drug situation in Kazakhstan 2012 Kazakhstan — Criminal Code, 2011 consolidation, WIPO Lex 11523 Kazakhstan — Code of Administrative Offences, consolidation through January 2013, ILO NATLEX Kazakhstan — Criminal Code, edition effective 1 January 2015, WIPO Lex 16084 EMCDDA — Overview of the drug situation in Kazakhstan (2014)

Code, design and documents 2 files

docs/DATA-MAINTENANCE.md +11 −1
@@ -756,5 +756,5 @@ Run `node scripts/data-status.cjs` for current numbers. As of 5 October 2026: 78
    checked on the strength of a search summary. Open their sources; downgrade or correct.
    Known to be unconfirmed: Senegal 1997/2007, Sierra Leone 2008, The Gambia 2003/2011/2014,
-   Liberia 2014/2023, El Salvador 2003, Kazakhstan 2011, Eswatini 1922, Botswana 1922,
+   Liberia 2014/2023, El Salvador 2003, Eswatini 1922, Botswana 1922,
    Mozambique 1914, Zambia 1926, Ghana 1935, Hungary 1930, Costa Rica 1928, Kiribati/Tuvalu 1948,
    St Kitts 1937, Saint Lucia 1938, Iraq 1933.
@@ -1434,2 +1434,12 @@ from July 2001 to October 2003), Washington, DC's Initiative 71 and its gift eco
 1996 "prescribe" initiative and Robert Mitchum's 1948 arrest. The first three have articles, and
 four are new curious-case cards. No scores changed. The build passed (3,326 pages).
+
+
+A [Kazakhstan possession-history pass](research/history-kazakhstan-gap-2026-10-25.md)
+on 25 October 2026 adds the missing 2015 return to criminal liability for personal
+holdings and public use, with an article, and rewrites the 2011 reform and its
+article from statutory texts. The 2011 law concerned the legally defined large
+band and retained administrative detention. The Soviet cultivation entry now
+uses the decree’s express 1935 commencement and a reproduced original source.
+Kazakhstan’s historical possession/consumption snapshots are rebased; its current
+scores are unchanged. Earlier Soviet possession controls remain to be reconstructed.

docs/research/history-kazakhstan-gap-2026-10-25.md +118 −0
@@ -0,0 +1,118 @@
+# Kazakhstan: the missing return to criminal possession in 2015
+
+Reviewed 25 October 2026. One new history event, two revised events, one new
+article and one rewritten article. This pass fills a major missing legal
+transition in a ten-entry timeline. It also resolves Kazakhstan's 2011 item in
+the maintenance guide's old unconfirmed-source list. Current profile text,
+scores and source records are unchanged.
+
+## Sources actually read
+
+Research files and verification helpers are local under
+`tmp/history-kazakhstan-gap-2026-10-25/`.
+
+- **Original 2011 amendment, CDB reproduction:** read article 1(1)(124),
+  deleting criminal article 259(1); article 1(4)(9), adding administrative
+  article 320(1-1); and article 2's publication-based commencement. The new
+  administrative band expressly concerns **large** personal holdings and
+  permits up to 200 monthly calculation units or **45 days' detention**.
+  Direct Adilet bodies repeatedly timed out or returned JavaScript placeholders.
+  CDB supplied the complete relevant clauses; one invalid UTF-8 byte elsewhere
+  in the response was replaced during extraction, not silently interpreted as
+  legal text. No uncertain character occurs in the cited clauses.
+- **2011 Criminal Code consolidation, WIPO Lex 11523:** read the Russian
+  article 259, its deletion and amendment note, the remaining especially-large
+  personal-possession tier, supply tiers and surrender/treatment note.
+  Especially-large holdings remained punishable by three to seven years.
+  This later consolidation is not treated as the original 1997 code.
+- **Administrative Code, ILO NATLEX 69967:** read the complete relevant PDF
+  pages 208 and 215 (viewer numbering), articles 320 and 336-2, from the
+  consolidation through January 2013. Ordinary drug handling outside the
+  criminal offence allowed a five-to-ten-unit fine or up to ten days' detention;
+  the large band allowed the separate 200-unit/45-day maximum. Public use had
+  an initial fine, a higher repeat fine and detention after two earlier
+  penalties within a year. Direct download returned 403, but the web PDF
+  reader exposed the pages; screenshots were requested for pages 208–209.
+- **2015 opening Criminal Code edition, WIPO Lex 16084:** read Russian
+  articles 10, 296, 300 and 467. WIPO identifies the edition from 1 January
+  2015 and its authorised reproduction from Adilet. Article 296(2) has no
+  minimum quantity; (3) supplies the large band and (4) the especially-large
+  prison tier. Public use is covered by (1). The ordinary/large criminal
+  misdemeanours list fines, corrective work, community work and arrest;
+  article 467 initially deferred the general arrest provision until 2017.
+  Neither article says arrest was actually introduced in 2017: subsequent
+  postponements and implementation remain to be checked.
+- **2012 national drug report, CADAP**, printed pp. 11–13: read the policy
+  rationale, administrative offences and reform account. It attributes reduced
+  criminal liability and prison population to the reform but supplies no
+  cannabis-specific release count. Downloaded and extracted locally; rendered
+  printed p. 12 was visually checked. The first page of the relevant paragraph
+  ends before “large”; the continuation on printed p. 13 confirms that band.
+- **Soviet decree of 27 October 1934, Istmat node 42491:** complete operative
+  text read. It prohibits sowing Indian hemp except for exclusively medical
+  and scientific needs, requires criminal liability and crop confiscation,
+  directs republics to amend codes and expressly commences **from 1935**.
+  Replaces the Wikipedia citation. The old event ID is retained for links.
+
+The CDB, WIPO, ILO, CADAP and Istmat URLs are recorded in the public source lists.
+Search snippets were used for discovery, never as substitutes for these passages.
+A court-administration author's 2012 explanation of retrospective relief was
+also read, but its unidentified drug case is not published as a cannabis case.
+
+## Dating and writing decisions
+
+The old 2011 event used the signing date. It now uses year precision because
+commencement depends on publication, whose full official record was not retrieved.
+The statute gives ten calendar days after first official publication; the signing
+day is retained in the article as signing, not effective date. The new code's
+**1 January 2015** commencement is explicit in both article 467 and WIPO metadata.
+
+The 2011 article is rewritten to explain large versus especially-large holdings,
+administrative detention, public use and the later reversal. The new 2015 article
+explains lesser criminal offences, original penalties, deferred arrest and the
+separate cultivation offence. Each is 350–500 words with four short sections,
+inline citations and working links to the other event and country profile.
+No gram thresholds, cannabis-specific releases or typical sentencing rates are
+invented. Original 2015 penalties are distinguished from today's amended amounts.
+
+## Historical scoring and remaining gaps
+
+Current score stays **13.5 (displayed 14)**: possession 2, cultivation 1,
+enforcement 2, sharing 1, consumption 1, access 0.
+
+The 2011 `before` snapshot now has possession **2**, acknowledging the smaller
+administrative tier with detention, and consumption **2** for the pre-2015
+administrative public-use regime. The inherited enforcement **1→2** improvement
+remains at the 2011 reform; the national report supports its stated direction,
+without establishing a cannabis-specific sentencing frequency.
+
+The new 2015 step lowers consumption **2→1** when public use becomes criminal.
+Possession stays **2** across that step: administrative detention was already
+possible, and the existing intermediate score also covers the later lesser
+criminal offence with short arrest. The narrative records the legal change even
+where the coarse score does not assign a separate possession point. Cultivation,
+sharing, access and current enforcement remain unchanged.
+
+Exact chain: **100→12.5 (1935)→14.5 (2011)→13.5 (2015)**. The 1935 FREE vector
+is preserved. However, assigning all of the pre-2011 restriction to that first
+cultivation decree remains provisional. This pass does not establish when
+Kazakhstan's earlier possession/use rules first began. Retrieve the republican
+Soviet drug laws, the original administrative code, quantity-table history and
+later arrest-commencement amendments next. The outstanding missing 1974 Soviet
+possession step is not declared solved by a later consolidation.
+
+## Validation
+
+The existing history suite passes **36 tests**. The batch verifier confirms
+exactly one added history object and two revised objects, unchanged unrelated
+history objects, article lengths, citation coverage, section counts and internal
+history targets. Production and rendered-export checks are recorded below after
+completion. Only this batch's files enter the commit; pre-existing staged and
+working-tree `source-archive.json` changes are preserved.
+
+Final production build passed: **4,099 pages**. Rendered checks verified **33
+citation links**, history/tag targets, clean JSON/CSV, the new 15→14 displayed
+step and unchanged current exact score 13.5. Desktop (1280 px) and mobile
+(390 px) screenshots of the new article were visually inspected. `git diff
+--check` passed. The owned temporary site output is removed after verification;
+research downloads, excerpts, logs and screenshots remain local.

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