Drug Content Legislation: Legal Boundaries for Fictional Characters (Russia, Portugal, EU)

The Question

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What are the legal boundaries for a fictional character in a Telegram channel who hints at altered states of consciousness and psychoactive substance use? Three jurisdictions: Russia, Portugal, EU.

Summary: Speech Guardrails

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Safe Zone (all three jurisdictions)

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• Abstract descriptions of altered states: “reality wavered,” “data became clearer,” “I saw a pattern”
• Ambiguous causes: insomnia, information overload, caffeine, meditation, synesthesia
• Side effects alongside “positive” perception shifts
• Literary allusions (Thompson, Strugatsky) without naming specific substances
• Philosophical reflections on perception without tying to specific substances

Red Zone (all three jurisdictions)

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• Names of specific prohibited substances in a positive context
• Descriptions of acquisition methods, preparation, dosage
• Presenting use as attractive, desirable, or normal
• Calling on the audience to try anything
• Instructions

Gray Zone (elevated risk in Russia)

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• Descriptions of altered states unambiguously attributable to specific substances (even without naming)
• Romanticization of “expanded perception” in an obviously substance-related context

Russia (Strictest Jurisdiction)

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Administrative Code Art. 6.13 — Drug Propaganda

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Propaganda is defined (Federal Law No. 3, Art. 46) as activity aimed at:

• Disseminating information about methods of production and use
• Information about places of acquisition
• Propaganda of any advantages of use
• Information about the acceptability, attractiveness, or necessity of illegal consumption

Penalties (from 01.09.2025): fines 5,000-30,000 RUB (individuals) up to 1,000,000-1,500,000 RUB (legal entities) for internet propaganda.

Criminal Code Art. 230 — Incitement to Use

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Any intentional actions aimed at arousing in another person the desire to consume. Requires a specific addressee. Using the internet: 5-10 years.

Art Exemption (Federal Law No. 3, Art. 46, edition from 01.03.2026)

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Exception for literature and art: works where drugs constitute a “genre-justified integral part of the artistic concept.” Conditions: NOT presenting use as acceptable/attractive/necessary.

Key Criterion for Content

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Does the content create an impression of acceptability or attractiveness of use? Abstract metaphors without a consumption context = minimal risk. Romanticization of “expanded perception” in an obviously substance-related context = elevated risk.

Portugal (Most Lenient Jurisdiction)

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Law 30/2000 — Decriminalization

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Personal consumption of all drugs is decriminalized (administrative offense). NOT decriminalized: trafficking, incitement, propaganda.

DL 15/93, Article 29 — Incitement to Use

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Requires direction at a specific person with direct intent to compel the use of a specific substance from the schedules. Up to 3 years.

Constitution, Article 42 — Freedom of Artistic Creation

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“É livre a criação intelectual, artística e científica.” Intellectual, artistic, and scientific creation is free.

Conclusion for Content

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A fictional character describing altered states abstractly, without naming substances and without calls to use — is with high probability protected by the constitutional freedom of artistic creation.

EU (Union Level)

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Framework Decision 2004/757/JHA

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Concerns only drug trafficking. Does NOT regulate content, artistic depiction, or publications.

Digital Services Act (DSA)

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No specific mention of drugs. “Illegal content” is defined through national law.

ECHR Art. 10 — Freedom of Expression

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Restrictions must be: prescribed by law, pursue a legitimate aim, be necessary in a democratic society. Artistic expression enjoys privileged protection.

International Guidelines on Human Rights and Drug Policy (Guideline 12)

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Explicitly protect the right of artists to “explore the darker side of humanity” and “represent crimes or what some may consider as ‘immorality’” without accusations of propaganda.

France — Strictest in EU

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Code de la santé publique, Article L3421-4: criminalizes “présentation sous un jour favorable” (presenting in a favorable light) of drugs. Up to 5 years and 75,000 EUR.

Conclusion

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At the EU level, there is no unified ban on drug-related content. Hints at altered states in an artistic context are a safe zone in most countries. Risk is elevated for French audiences.

Practical Rules

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1. NEVER name specific prohibited substances
2. Describe altered states abstractly and ambiguously
3. Alongside “positive” effects — side effects
4. Do not present use as attractive or normal
5. Do not call on the audience to try anything
6. Literary allusions to Thompson — OK (artistic context)