Georgia’s highest court, the Constitutional Court, has ruled that it is unconstitutional to criminally prosecute people for consuming cannabis, effectively decriminalising its use. This is short of decriminalising the purchase, storage, or sale of cannabis, and is not legalisation.
In what has been described as a historic decision by drug policy activists, the Court ruled on 30 November that it is up to an individual to choose if they wish to consume cannabis.
‘Cannabis consumption has been decriminalised today; It will soon be decided whether [consumption] will be legalised’, Iago Khvichia, a lawyer and member of non-parliamentary political party Girchi said at a press conference.
The case was taken to court by Givi Shanidze, who was represented by lawyers from Girchi.
The decision means people will no longer be punished under the criminal code (or jailed) for consuming cannabis, but they could still face penalties such as fines or community service under the administrative code.
In a previous judgement in 2015, the court decriminalised possession of anything less than a 70 gramsof cannabis.
Anyone caught in possession of anything more than this can still be punishable under the Criminal Code.
‘Another blow to repressive drug policy’
The court’s full judgement has not yet been released, which will make it clear whether the same rationale can be applied to other drugs as well.
Drug policy activists the White Noise Movement wrote on Facebook that the recent decision is ‘yet another blow to repressive drug policy’.
Parliament must now adopt the Court’s ruling into Georgian law.
In a separate matter, Parliamentary hearings on Georgia’s drug decriminalisation bill, which would decriminalise possession of all drugs, are scheduled to begin next week.
Historically, international reports have referred to Georgia as one of the corridors for the transit of Afghan heroin towards Europe. Liberali tried to find out how Georgia is tackling drug trafficking and what has changed since 2012 under the Georgian dream government.
In September 2009, the United Nations Office on Drugs and Crime published a report on the spread of Afghan heroin around the world.
The report noted that seven tons of heroin reached Europe through Georgia each year. Hero
Georgia’s parliament has adopted a new law restricting cannabis use, five months after the Constitutional Court made consumption of the drug legal. Restrictions allow only those 21 or above to consume the drug and only at home.
The court ruled on 30 July that any punishment for consuming cannabis was unconstitutional.
Under the new law, people will not face even administrative punishments, such as fines, if police discover they have taken cannabis. However, the new regulations adopted by
A new bill on cannabis has been introduced to parliament by Georgia’s Interior Ministry which would fully legalise consumption at home while still imposing fines for the purchase and possession of the drug. The draft law, which came in response to a Constitutional Court ruling legalising cannabis use, has faced criticism from both conservatives and rights groups.
The bill, published on Monday, would maintain penalties for public use of cannabis allowing cannabis use only at home those ov
Plans to legalise the production of cannabis for export have been put on hold in Georgia after protests from the Georgian Orthodox Church. The head of the Church, Patriarch Ilia II, spoke out against producing cannabis in Georgia, warning it would spread drug addiction in the country.
In a sermon at Tbilisi’s Holy Trinity Cathedral on Sunday, the Patriarch said that ‘the production [of cannabis] should not become a part of the private sector. If it is part of the private sector, we will not