Drug Manufacturing and Cultivation Defense (Article 260/265)
The illegal sowing, growing, and cultivating of plants containing narcotic substances, as well as the laboratory manufacturing of drugs, are punishable under Georgian law. Although marijuana consumption has been decriminalized, its cultivation remains a criminal offense if the quantity exceeds certain limits. Article 265 of the Criminal Code regulates the cultivation of plants (cannabis, poppy, etc.), while Articles 260 and 266 address the chemical manufacturing and processing of narcotics. The severity of the punishment depends directly on the number (weight) of plants or the volume of the substance manufactured. It is crucial for the accused to properly establish whether the act was for personal use or intended for sale, as this radically changes the qualification of the case.
Legal.ge offers lawyers with experience in cultivation and manufacturing cases. Our specialists will help you conduct proper expertise, verify the accuracy of weight determination, and defend your interests in court.
What Does Manufacturing/Cultivation Defense Cover?
The service focuses on accurate legal assessment of factual circumstances:
- Weight Determination (Wet vs. Dry): Disputes often arise over whether the plant was weighed in a wet or dry state, which impacts the legal qualification.
- Establishing Fact of Cultivation: Distinguishing between "wild growth" and specifically tended plants.
- Evaluating Lab Equipment: In cases of chemical manufacturing, the defense checks if the seized substances were precursors or finished drugs.
- Proving Personal Use: Gathering evidence that cultivation/manufacturing was exclusively for personal use and not for sale.
- Plea Bargaining: Mitigating the sentence through a plea agreement.
Common Scenarios
Charges are often related to:
- Home Growing (Grow Box): Growing cannabis indoors with special lighting.
- Agriculture: Discovering prohibited plants (e.g., poppies) on land plots.
- Synthetic Drug Manufacturing: So-called "kitchen labs" processing chemical substances.
- Harvesting Wild Plants: Gathering and processing wild cannabis or other plants.
Georgian Legal Framework
Article 265 of the Criminal Code provides for liability for the illegal sowing, growing, or cultivating of plants containing narcotic substances. Following a 2018 Constitutional Court ruling, cultivation of small amounts (e.g., up to 266 grams of dried cannabis) for personal use no longer carries imprisonment but remains a criminal offense. Above this threshold, or cultivation for sale, is punishable by imprisonment. Chemical manufacturing of drugs qualifies under Article 260 and is considered a serious crime.
Steps in the Process with a Specialist
Working with a lawyer involves:
- Search Protocol Analysis: Reviewing how plants or substances were seized and sealed.
- Expertise: Botanical and chemical analysis to determine quantity and composition.
- Strategy: Emphasizing personal use or disputing the quantity.
- Court: Defense representation during trials.
Why Legal.ge?
In cultivation and manufacturing cases, technical details (weight, plant type, maturity) are decisive. Legal.ge connects you with lawyers who know how to use expertise data in the client's favor and avoid unjust punishment. Defend yourself with the help of professionals.
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