The illegal sowing, growing, or cultivating of plants containing narcotic substances is a specific crime under Georgian criminal law, distinct from general possession or distribution charges. While Georgia's drug policy has undergone significant transformation in recent years, particularly regarding marijuana consumption, cultivation remains strictly regulated and falls within the sphere of criminal liability, especially when involving large quantities or intent to distribute. The severity of penalties depends on various nuances: the type of plant, the quantity (weight and number of roots), laboratory findings, and the accused's intent. Individuals charged with this type of crime require highly qualified legal assistance to navigate the complex legal framework and avoid harsh sentencing. Lawyers represented on the Legal.ge platform offer professional defense in cases of illegal cultivation of narcotic plants, ensuring maximum protection of your rights and freedoms.
What Does Drug Cultivation Defense Service Cover?
Defense for individuals detained on charges of cultivating narcotic plants involves a complex investigative and judicial strategy. Specialists on Legal.ge ensure:
- Detailed Analysis of Case Materials: Checking the legality of search and seizure protocols, identifying procedural violations that could serve as grounds for declaring evidence inadmissible.
- Control of Botanical and Chemical Expertise: Monitoring the accurate determination of the weight (in dried condition) and narcotic substance content of seized plants, as this defines the qualification of the crime (small, large, or particularly large quantity).
- Work on Changing Qualification: Attempting to reclassify the action as sowing/growing for personal use rather than production with intent to sell, which drastically reduces the potential sentence.
- Negotiating Plea Agreements: Engaging in negotiations with the prosecutor's office to mitigate the sentence or apply a conditional sentence (probation) where permitted by law.
- Court Representation: Providing defense in courts of first instance, appeals, and cassation, as well as during hearings on preventive measures (detention/bail).
Real-World Scenarios When You Need This Service
Cultivation charges can be brought against a person in various life situations. For example:
- Home Cultivation of Marijuana: When a person grows a few cannabis plants on their balcony or in their yard for personal use without any intent to sell. Despite Constitutional Court rulings on consumption legalization, cultivation above a certain threshold remains a criminal offense.
- Agricultural Activity: Cases where a large amount of wild-growing or specially sown poppy or cannabis is found on a plot of land, and law enforcement accuses the landowner of organized cultivation.
- Laboratory Cultivation: Growing plants using so-called "grow boxes" and special equipment, often perceived by the investigation as an aggravating circumstance and preparation for distribution.
- Group Offense: When several people jointly care for narcotic plants, aggravating the charge with the sign of an act committed by a group with prior agreement.
Georgian Legal Framework and Regulations
The illegal sowing, growing, or cultivating of plants containing narcotic substances is regulated by Article 265 of the Criminal Code of Georgia. This article provides for liability based on the quantity of plants. For instance, cultivation in large quantities (which for cannabis starts from a certain weight and number of roots) implies imprisonment. Also important is the Law of Georgia on Narcotic Drugs, Psychotropic Substances, Precursors and Narclogical Assistance, which defines quantities. The lawyer's role is to precisely distinguish a criminal offense from an administrative offense (in cases of small quantity cultivation) and utilize Constitutional Court precedents in favor of the accused.
Service Process
Cooperation with a lawyer on Legal.ge includes the following stages:
- Immediate Consultation: Involving a lawyer from the moment of arrest or indictment, which is critical during the initial interrogation.
- Strategy Development: Determining defense tactics (silence, confession, partial admission) after reviewing case materials.
- Evidence Gathering: Conducting alternative expertise by the defense, interviewing witnesses, and collecting positive character references.
- Procedural Battle: Filing motions in court to change the preventive measure and to prove innocence or mitigate charges during the substantive hearing.
Why Choose Legal.ge?
Drug-related cases require specific knowledge and experience. Legal.ge gives you access to lawyers with successful practice in cases under Article 265. Our goal is not just formal defense, but achieving the best possible result considering each client's individual situation — whether it be acquittal, a plea agreement, or a minimum sentence.
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