The Israel Anti-Drug Authority was established in the end of 1988, by virtue of the"Drug Control Authority Law 5748-1988". The law defines IADA's functions and areas of responsibilities. IADA's activities and its decision-making bodies' authority are also based on this law.
"Dangerous Drugs Ordinance (New Version) - 5732-1973"
The ordinance determines all drug related offenses: possession, trafficking, import, export, etc.
- Determines the maximum sentences: for most types of offense - 20 years; for self-use, which is considered a misdemeanor - 3 years; soliciting minors to take drugs, harsher penalty - 25 years & mandatory prison sentence.
- An amendment to the ordinance forbids manufacturing, importing, displaying, possessing or selling any drug related paraphernalia.
- Forfeiture of assets of drug traffickers which were used to commit the offense or were obtained as a result of it. If committed by court as a "drug trafficker" - assets that were acquired in the past 8 years can be forfeited. The burden to prove legitimacy of assets falls upon the defendant.
- Denial of a driver's license when a person is convicted of a drug related offense in addition to any other penalty.
New Psychoactive Substances and Derivatives
Over the years, new substances have been added to the list of prohibited substances of the Dangerous Drugs Ordinance.
2010 - "Derivatives Law": Dangerous substances that are closely related to a drug listed in the ordinance will automatically enter the ordinance by virtue of their being chemical derivatives of prohibited materials. This applies to derivatives of 4 groups: amphetamines, methamphetamines, cathinone, methcathinone.
Another group was included in 2011: 2-amino-indane.
May, 2013, new legislation was passed and expands the previous "Derivatives Law" to include entire families of synthetic cannabinoids.
August 2013 - Israel has issued a new ordinance "The fight against the phenomenon of the use of dangerous substances law, 5773-2013" that aims to tackle the problem of new psychoactive substances. Under the new law, law enforcement authorities are granted powers to seize and destroy substances considered to be "dangerous substances", according to the definition provided therein. The Ministry of Health has the authority to declare a substance as "controlled" immediately - for a period of one year. This prohibition includes: manufacturing, selling, importing, exporting, trafficking and possession for any of the above intents.
Penal Law 5737-1977- This is the code for criminal offenses enforced in Israel. Fines imposed by the Dangerous Drugs Ordinance are calculated according to or as multiples of fines as stated in the Penal Law. The code includes a section (Section 82) which allows the court to substitute punishment by treatment for drug users, for a period and in accordance with a program determined by the court.
Institutions for Drug Users (Supervision and Treatment) Law, 5753-1993 - In Israel, all drug treatment institutions must operate under a license. Regulations by virtue to the law define the minimum professional and physical conditions required for obtaining the license.
Amendment to the Municipality Ordinance - Section 149 (11) -According to the ordinance there is a compulsory requirement for local municipalities to establish a local committee for combating drugs.
Traffic Ordinance [New Version], 5721-1961" - According to the ordinance, driving under the influence of drugs and alcohol is an offense. The ordinance allows for testing of drivers (at random and based on suspicion). Should the driver refuse to be tested the driver will be presumed to be under the influence of drugs (refers also to alcohol). Section 39 also states that the conviction of driving under the influence of drugs or alcohol leads to a minimum two-year suspension of driver's license.
Prohibition of Money Laundering Act, 5760-2000 - Established to prevent money laundering deriving from criminal activities and drug trafficking.