What This Page Covers
Questions connected with the production of narcotic substances in Georgia are located in the drug chapter of the Criminal Code. This page rests on two current norms of that chapter: the first addresses the unlawful acquisition or storage of a narcotic substance, its analogue, a precursor or a new psychoactive substance; the second — the unlawful sowing, growing or cultivation of a plant containing a narcotic substance. It must be said plainly: the old norm of the Code on the manufacture of narcotic substances has been repealed, so today charges in this direction take shape within the current norms — primarily on the signs of acquisition, storage and the cultivation of plants.
Such cases often begin with operational information, an inspection of a dwelling or a land plot, and expert examination of plant material. For the accused the risk is high: the penalty starts with imprisonment of up to six years and reaches twenty years or life, so the defense must engage from the very first measures.
Acquisition or Storage: The Tiers of Penalty
The unlawful acquisition or storage of a narcotic substance, its analogue, a precursor or a new psychoactive substance is punished by imprisonment for a term of up to six years. With aggravating signs the penalty grows: an act committed on a large scale, by a group by prior conspiracy, by use of an official position, more than once, or by a person convicted under this chapter is punished by imprisonment for a term of five to eight years. An act committed on an especially large scale or by an organized group is punished by imprisonment for a term of eight to twenty years or life imprisonment.
Cultivation of a Drug-Containing Plant
The second current norm concerns the unlawful sowing, growing or cultivation of a plant containing a narcotic substance. For this act the law provides several alternative penalties:
- 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;
- or imprisonment for a term of two to six years.
In practice this norm often concerns situations where a person finds on their own plot or in their home a plant that may fall under this list. The decisive factors here are the botanical expert examination, the quantity of plants, and whether the person knew about the plant’s narcotic content.
Note the three forms of the act: sowing, growing and cultivation are framed as separate actions, and in practice the boundary between them often becomes contested. Sowing means putting seed into the ground, growing — the plant’s development and care, while cultivation implies deliberate nurturing under special conditions (for example, in an specially equipped space). The penalty depends on the quantity and the form, and establishing each form is a separate task for the prosecution: a plant that sprouted by chance and a deliberately nurtured plant are assessed completely differently. That is why the defense describes the factual situation in detail: where the seed or seedling in the plot came from, who cared for it, and whether this was intentional.
The second important boundary is quantity. The thresholds of “large” and “especially large” amounts are not stated in the text of the articles — they are established by other provisions of the legislation on narcotic substances. This means that the same physical mass may fall into different classes for different substances, and the qualification ultimately turns on the chemical expert conclusion. The quantity named by the prosecution always requires independent assessment.
The Possibility of Voluntary Surrender
The drug chapter of the Code contains an important note: for committing a crime provided for by this chapter, a person is released from criminal liability who voluntarily surrenders a narcotic substance, its analogue, a precursor, a new psychoactive substance, a psychotropic substance or a potent substance, if the person’s act does not contain signs of another crime. For the defense this is one of the most powerful instruments, though using it requires strictly timely and correct procedural steps — it should be done only in agreement with a lawyer.
How the Defense Approaches Such Cases
In cultivation cases the defense first verifies the species and quantity of the plant by botanical and chemical expert examination, then the person’s awareness: whether they knew the plant was on the list of narcotic-containing plants. In acquisition and storage cases the center of gravity is the legality of the seizure and the precise assessment of the amount: the thresholds of “large” and “especially large” amounts are not written in the text of the articles — they are established by the relevant legislation, and every figure requires verification. A separate question is the role in group episodes: a group by prior conspiracy and an organized group are different concepts, and drawing the line between them significantly changes the penalty. The rules of investigation are governed by other provisions of the Code — violations are instruments of the defense.
How Legal.ge Can Help
On the Legal.ge platform you can select a criminal defense lawyer working on drug cases. The lawyer will re-verify the expert examinations, assess the legality of the seizure and the inspection, consider the possibility of voluntary surrender, and protect your interests at every stage. Fill in a request on the site — a lawyer will contact you and assess your case.