Article 228.1 of the Criminal Code of the Russian Federation formulates the punishment for the serial receipt, transfer, sale of psychotropic and narcotic substances, analogues of these drugs, as well as plants (in whole or in part) containing these compounds. In the indicated norm there are 5 parts. They provide for different durations of punishment (imprisonment) under certain qualifying signs and aggravating circumstances. A factor enhancing social danger is the direction of action. In general, the threat to society - the very subject of the crime itself - is characterized similarly to norm 228 of the Criminal Code of the Russian Federation. 
General composition
For the illegal receipt (production), transportation, storage, purchase of psychotropic and narcotic substances or analogues of these drugs, plants in parts of which these compounds are present without pursuing the goal of subsequent marketing, the guilty subject is prosecuted. This part of the article provides for several types of punishment.
Qualifying Attributes
Art. 228 h. 2 of the Criminal Code of the Russian Federation formulates responsibility for the illegal production, transportation, storage, purchase of psychotropic drugs, narcotic substances or their analogues, plants (parts thereof), which contain these compounds without the purpose of subsequent sale, committed in large quantities. In the considered norm, one more qualifying composition is established. By Art. 228 of the Criminal Code Part 3. Responsibility occurs if the acts indicated above are committed in an amount recognized as especially large. Qualifying signs exacerbate the punishment. Normally, 228 h. 4 of the Criminal Code does not provide. Let us further consider what sanctions the Criminal Code establishes. 
Article 228 of the Criminal Code: time limits
When committing a crime without qualifying signs and aggravating circumstances, the perpetrator faces:
- Imprisonment or restriction of liberty up to 3 l.
- Mandatory work up to 480 hours
- Fine up to 40 thousand p. or equal to the income / salary of the perpetrator received for 3 months.
- Correctional work up to 2 liters.
Punishment under Art. 228 h. 2 of the Criminal Code of the Russian Federation is provided for in the form of imprisonment in a prison of 3-10 liters. Additionally, the court may impute:
- Fine. Its size is up to 500 thousand rubles. or equal to s / n or the guilty income received for a period of up to 3 liters.
- Restriction of freedom up to 1 g.
228 of the Criminal Code of the Russian Federation in part 3 establishes the main punishment - imprisonment of 10-15 liters. Additionally, a fine similar to the one set above may be imposed. As you can see, the mildest sanctions are set in norm by 228 part 1. The Criminal Code of the Russian Federation classifies the general composition as a category of serious acts. Crimes with qualifying signs, aggravating circumstances are classified as especially serious.
Objective part
In norm 228 of the Criminal Code of the Russian Federation, it is characterized by the illegal production, transportation, storage, acquisition of psychotropic drugs, narcotic substances or their analogues, plants (their parts), which contain these compounds without the purpose of subsequent sale. The illegality of these actions is expressed in violation of the order of circulation of psychotropic drugs, narcotic substances, etc. The rules are established by Federal Law No. 3. 
Manufacture
As an illegal production constituting a crime under the norm of 228 of the Criminal Code of the Russian Federation, intentional acts are aimed at the serial production of prohibited plants and compounds, including chemical ones. The latter, for example, include substances manufactured using special equipment in adapted rooms. Production also includes the release of batches of prohibited substances, packaging, etc. The crime will be considered completed from the moment the release of these substances ends. When qualifying a crime under part 1, the volume of the actually manufactured psychotropic drug or narcotic compound will not matter.
Illegal sale
Any means of transferring (forbidden or free of charge) prohibited compounds to other persons are recognized as it. In particular, psychotropic substances, narcotic drugs, their analogues, plants and their parts containing them can be sold, donated, paid into debt, loaned, and so on. Other sales methods will be considered illegal sales. For example, this can be accomplished by administering an injection. 
Exceptions
228 article of the Criminal Code of the Russian Federation contains an indication of the absence of a marketing target in the commission of a crime. Illegal sale may not be such actions as:
- Disposal of prohibited substances or means by leaving them in a certain place, throwing them in a garbage container, a landfill, and so on.
- Injecting the person who owns the contents of the syringe.
- Acquisition of substances / funds in an amount commensurate with personal consumption, at the request or at the consumer’s money, without obtaining rights to own these items. In this case, the buyer’s actions should be aimed solely at helping another person.
Intent to sell
It may be indicated, for example, by an agreement with consumers. In addition, other circumstances of the case may testify to him, for example:
- A large amount of prohibited funds.
- Purchase of substances for subsequent sale.
- Industrial scale production of funds.
- Acquisition by an entity other than their consumer.
When qualifying an act according to norm 228 of the Criminal Code of the Russian Federation, it will not matter on the territory of which state the sale of prohibited substances and means was supposed.
Mediation
The actions of a person promoting the sale or purchase of narcotic substances, psychotropic compounds, their analogues, plants, their individual parts in which these compounds are present are qualified as complicity in accordance with whose interests it acted (the seller or the buyer). If the entity selling the prohibited items is aware that they will subsequently be used by the acquirer in other crimes, his behavior is considered aiding.
Set of crimes
The subject can perform the actions provided for in the considered norm and Art. 228.1. In this case, responsibility arises for the respective compounds in the complex. If the acts that are given in the dispositive part of the commented article were committed for the purpose of subsequent marketing, but were not brought to the end due to circumstances beyond the control of the perpetrator, they are recognized as an attempt or preparation for the commission of a crime of any part of Art. 228.1. 
Qualifying attribute
It is the size - large or especially large. Specific indicators are set in government decree No. 1002. For hash, large mass is considered to be more than 25 g, especially large - more than 10 thousand g, for heroin - 2.5 and 1000 g, respectively, for hemp - 100 and 100 thousand g.
Storage
By it is understood the actions of the subject that are associated with the illegal possession of the subject of a crime. This concept also includes content with you, in the cache, in the room and other places for subsequent personal use.When qualifying an act, the length of the period in which the subject stored the psychotropic drug, narcotic substance, analogues, or plants containing them will not matter.
Illegal transportation
It involves the deliberate actions of a person moving crime objects without the purpose of their subsequent sale in one place from another. Transportation can be carried out in another settlement, another district of one settlement (city). With the illegal movement of objects of crime, any means of transport or other objects used as a conveyance can be used. An illegal movement is considered to be one that violates the established requirements of Art. 21 Federal Law on psychotropic drugs and narcotic compounds. When qualifying, it should be borne in mind that transportation can be carried out with the opening of funds, including in appropriately equipped hiding places in the car, clothes, luggage, as well as in certain parts of the animal or person.
Shipping must be distinguished from shipment. The latter is carried out by sending items of crime. In this case, the subject does not accompany them on the way. Shipment can be carried out by any kind of transport, including air, sea, rail. The perpetrator can also use the postal service by sending prohibited substances by parcel, letter, parcel, etc. In this case, the crime will be recognized as completed immediately after dispatch. Responsibility for shipping for the guilty person will come regardless of size. 
Identification of Intent
This issue must be addressed specifically in each case individually. The court must determine the presence in the actions of the subject of a crime - illegal transportation without the purpose of subsequent sale. It is also necessary to resolve the issue of delimiting this act from the unlawful possession of narcotic substances, psychotropic compounds or their analogues without further sale during the trip. In resolving these issues, the focus of intent is taken into account, the actual circumstances of the transportation, the size, number of crime items, the specific place where they were located, and other points that are essential for the qualification of the act are investigated.
Subjective part
This side of the considered composition of the act is characterized by the presence of direct intent. However, there is no purpose for the subsequent sale of stored, acquired, manufactured or manufactured, transported, processed psychotropic compounds, narcotic drugs or their analogues, as well as the plants in which they are present. A sane person whose age is more than 16 years may be held liable.