Precursor Chemical Violations

What substances are considered precursors?

The list is extensive and includes substances like ephedrine, pseudoephedrine, potassium permanganate, acetone, etc., if they exceed certain concentrations.

Can a pharmacist be jailed for precursor violations?

Yes, if a pharmacist intentionally violates rules for dispensing medication containing precursors, they can face criminal liability.

What is the penalty for illegal precursor circulation?

Penalties depend on the quantity and range from a fine to imprisonment for 2 to 5 years (or more in aggravating circumstances).

Is a license needed to import precursors?

Yes, import and export of precursors are subject to a special permit regime issued by the State Regulation Agency for Medical Activities.

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Precursors are chemical substances used to manufacture narcotic drugs or psychotropic substances. Their circulation (production, purchase, storage, import, export) is strictly regulated and subject to special control in Georgia. Violations related to precursors often concern not only illegal drug manufacturers but also legitimate businesses — pharmaceutical companies, laboratories, and chemical plants that may inadvertently violate accounting or storage rules. Criminal liability arises for the illegal circulation of precursors, which can mean smuggling large quantities of chemicals or violating license conditions. Legal.ge offers specialized legal assistance both in cases of criminal prosecution and for preventive purposes, ensuring your activities are fully compliant with regulatory norms.

What Does Precursor Violation Defense Service Cover?

Our service covers the defense and consultation of both individuals and legal entities:

  • Criminal Defense: If a person is accused of illegal purchase, storage, or transport of precursors, the lawyer checks the quantity of the seized substance and its listing in the special schedule (Tables I, II, III).
  • Regulatory Compliance: Consulting companies on legal import-export, record-keeping, and safety rules for precursors to avoid criminal liability.
  • License Disputes: Defense in cases where a company is accused of violating license conditions or conducting illegal pharmaceutical activities.
  • Chemical Expertise Control: Determining the concentration of the substance. Often, household chemicals contain precursors, but their concentration is not sufficient for criminal prosecution. A lawyer ensures these nuances are clarified.

Real-World Scenarios When You Need This Service

Problems related to precursors can be faced by:

  • Pharmacists and Pharmacies: Violating rules for recording drugs containing pseudoephedrine or codeine, or dispensing them without a prescription.
  • Chemical Industry: Enterprises using acetone, hydrochloric acid, or other solvents listed as precursors. Incorrect documentation can be grounds for an investigation.
  • Individuals: Trying to cross the border with medications or chemicals containing banned precursors, often due to ignorance.
  • Illegal Laboratories: Individuals accused of collecting precursors for the purpose of artisanal drug manufacturing.

Georgian Legal Framework and Regulations

Illegal circulation of precursors is punishable under Article 266 of the Criminal Code of Georgia. The crime involves illegal manufacturing, purchase, storage, transport, forwarding, or sale of precursors. The penalty depends on the quantity. The list of specific substances and their control regimes are outlined in the annexes of the Law on Narcotic Drugs, Psychotropic Substances, Precursors and Narclogical Assistance. Strict administrative and licensing regulations also apply to legal entities, violations of which can escalate into criminal cases.

Service Process

Working with specialists on Legal.ge involves:

  1. Audit/Consultation: Reviewing case materials or company documentation to assess risks.
  2. Expertise: Determining the exact chemical composition and quantity of the substance.
  3. Defense Line: Developing a strategy — whether proving innocence (e.g., substance is not controlled) or mitigating liability.
  4. Representation: Protecting interests before investigative bodies and in court.

Why Choose Legal.ge?

Precursor cases require not only legal but also specific chemical and pharmaceutical knowledge. Legal.ge gives you access to lawyers experienced in both criminal and regulatory matters, ensuring your competent defense.

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