The Offence of Cultivating a Drug-Containing Plant
Georgian criminal legislation establishes liability in a separate norm for the illegal sowing, growing or cultivation of a plant containing a narcotic substance. The act covers planting, tending and propagating a prohibited plant outside the procedure established by law, regardless of any claim that it was done for personal use. The note to the norm explains directly that among drug-containing plants covered by this provision the law implies the narcotic substance defined in the relevant column of the table of the annex to the narcotics law — the plant cannabis. If you or a relative faces this charge, early involvement of a defence lawyer matters: the outcome of such cases often turns on details that only a trained eye can isolate from the file.
Punishment for the Basic Composition
Under the law, the illegal sowing, growing or cultivation of a drug-containing plant is punishable by a fine or community service for a term of two hundred to four hundred hours, or house arrest for a term of six months to two years, or imprisonment for a term of two to six years. Even the basic composition thus leaves no room for treating the act as trivial: the court chooses among several alternatives, and each option depends on the personality of the accused, the circumstances of the case and the quality of the defence. This is precisely why the lawyer's task is to focus the court's attention on those circumstances that justify a lighter type of punishment or a reduction of the sentence within the statutory range.
Aggravating Signs and Stricter Punishment
The same act carries a far stricter consequence when committed in a large quantity, by a group with prior agreement, through abuse of an official position, more than once, or by a person previously convicted of any crime provided for in this chapter — this composition is punishable by imprisonment for a term of four to seven years. Where the violation is committed in an especially large quantity or by an organised group, imprisonment for a term of six to twelve years applies. Each of these signs must be separately established and substantiated by the prosecution: the classification of the quantity, the form of group participation and the prior record are elements of the accusation that the defence studies in minute detail, because removing even one aggravating feature moves the case into a much lighter frame.
Liability of Legal Entities
The law separately defines the liability of legal entities: for committing this act, a legal entity is punishable by a fine, by deprivation of the right to carry out activity, or by liquidation together with a fine. This means that a fact committed in the format of agricultural, production or trading activity also exposes the company itself, so for a business the soundness of its internal control system and proper legal support become critical. The defence strategy for a company is different in kind: attention concentrates on who acted in the company's name, when and with what authority, and whether adequate compliance measures existed and functioned.
Possible Directions of Defence in Such Cases
In this category of cases the defence begins with a study of the evidentiary basis of the accusation: how and by whom the investigative measure was conducted, whether the evidence suffices for classifying the quantity, whether the expertise was applied correctly and whether the procedural guarantees owed to the accused were observed. The composition of the act is then examined: whether the sowing or growing was arranged and intentional, whether the plant belonged to the person, and whether the element of illegality genuinely existed. Finally, the individualisation of the punishment matters too — circumstances that mitigate responsibility. Each of these directions requires experience in criminal cases and a meticulous analysis of the documents in the file, combined with prompt procedural filings.
Frequently Asked Questions About Cultivation Cases
Which plant triggers liability under this norm?
According to the list indicated in the table of the relevant annex to the law, among the drug-containing plants covered by this norm the law implies the plant cannabis. Questions relating to other plants are governed by other provisions of the legislation.
What punishment does the basic composition carry?
The law prescribes a fine, community service for a term of two hundred to four hundred hours, house arrest for a term of six months to two years, and imprisonment for a term of two to six years — these are alternatives, and the choice depends on the assessment of the circumstances.
What increases the punishment?
A large or especially large quantity, commission with prior agreement, abuse of an official position, commission more than once, commission by a person previously convicted under this chapter, and commission by an organised group — any one of these signs moves the qualification into a much stricter frame.
Does a company bear responsibility as well?
Yes, a legal entity for this act is punishable by a fine, deprivation of the right to carry out activity, or liquidation together with a fine, which is why proper legal control over agricultural activity is essential for companies.
How We Help on Legal.ge
The criminal defence lawyers of Legal.ge bring years of concentrated experience to this field: we study the case materials, exercise the right to challenge evidence, prepare motions and defend the accused at every instance. Contact us for a consultation — the earlier we enter the case, the more opportunities we have to build an effective position.