What This Page Covers
Cases connected with the circulation of narcotic substances in Georgia are regulated by a separate chapter of the Criminal Code. This page rests on two articles 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 import of these substances into Georgia, their unlawful export from Georgia or their international transportation in transit. In transit and trafficking cases the prosecution most often relies on exactly these two norms, and their penalties are among the strictest in the Code — imprisonment from six to twenty years, and in special cases up to life imprisonment.
Cases of this category almost always rest on customs and border measures, operational observation and expert assessments. That is why the defense’s first questions are always technical: what was seized and in what quantity, how the fact was recorded, and what connection the accused has with the discovered cargo.
Unlawful Acquisition or Storage: Three Tiers of Penalty
The unlawful acquisition or storage of a narcotic substance, its analogue, a precursor or a new psychoactive substance is punished, on the first tier, by imprisonment for a term of up to six years. The same act is punished by imprisonment for a term of five to eight years when 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 for any intentional crime provided for by this chapter. The most severe tier — imprisonment from eight to twenty years or life imprisonment — applies to acts committed on an especially large scale or by an organized group.
Import, Export and Transit: Six to Nine Years
The unlawful import of a narcotic substance, its analogue or a precursor into Georgia, its unlawful export from Georgia or its international transportation in transit is punished by imprisonment for a term of six to nine years. Toward this norm the Constitutional Court applied a limitation for one specific case: by its decision, the possibility of imprisonment for importing dried marijuana in an amount of not more than 9.68 grams for personal use was declared unconstitutional — a nuance that lets the defense challenge the very basis of custody in such a case.
The import, export or transit transportation of a new psychoactive substance is regulated by a separate provision with a milder frame — imprisonment for a term of up to five years. At the same time, the law states directly that this provision applies to any quantity of a new psychoactive substance, while the aggravating circumstances of large and especially large scale do not extend to it.
The Aggravated Compositions of Transit
Under the transit article the penalty rises across three further tiers. First tier: import, export or transit committed on a large scale or by a group by prior conspiracy is punished by imprisonment for a term of eight to twelve years. Second tier: the same act committed by use of an official position, more than once, or by a person who has previously committed any crime provided for by this chapter — imprisonment for a term of eleven to fifteen years. Third tier: an act committed on an especially large scale or by an organized group — imprisonment for a term of fifteen to twenty years or life imprisonment. The law also provides that for an act under this article a legal person is punished by a fine, deprivation of the right to carry out an activity or liquidation, and a fine.
Classification by Quantity and Voluntary Surrender
The tier of the penalty depends directly on the quantity of the substance: the thresholds of “large” and “especially large” amounts are not stated in the text of these articles — they are established by other provisions of the legislation on narcotic substances, and in a case they are determined by a separate chemical expert assessment for each substance. Especially important is the note of this chapter of the Code: a person is released from criminal liability who voluntarily surrenders a narcotic substance, its analogue, a precursor, a new psychoactive or psychotropic substance, if the person’s act does not contain signs of another crime. This institution is one of the most powerful instruments of the defense, though using it requires correct and timely procedural steps.
How the Defense Approaches Drug Cases
The first question is the technical side: the type and weight of the seized substances must be established by expert examination, and this conclusion can always be challenged — the assessment method, the inclusion of packaging and the authenticity of mixed samples are decisive. The second is the legality of the seizure: in such cases the rules of investigative actions are governed by other norms, and their violation excludes the evidence. The third is the accused’s connection with the cargo: in transit cases it is often disputed whether the person knew about the substance in the transport; this is the subjective side, and the prosecution must prove it. The fourth is the role in a group case: a group by prior conspiracy and an organized group are different concepts with different penalties, and confusing them gives the defense grounds to change the qualification. Finally, in the case of voluntary surrender, this fact must be correctly recorded procedurally, without signs of another crime.
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, protect your rights at every stage of the investigation and present your position in court. Fill in a request on the site — a lawyer will contact you and assess your case.