Norms envisaging imprisonment for marijuana use now null and void in Georgia

Georgia’s Constitutional Court has declared that imprisonment for use of small amount of marijuana, as well as imprisonment for its purchase, retention and production for personal usage is unconstitutional.

In accordance with this ruling, the Court announced that respective norms of Georgia’s Criminal Code and Code of Administrative Offenses were now null and void.

These norms were challenged at the Constitutional Court by Georgia’s Public Defender Usha Nanuashvili.

"Use of small amount of drugs, as well as purchase, retention and production of drugs for personal usage is punished by deprivation of liberty, which is irrelevant, too strict and degrading punishment," the Public Defender said.

The Court shared his opinion and satisfied his appeal.

In October 2015, Georgia’s Constitutional Court delivered a historic verdict, saying the norm of Georgia’s Constitution about imprisonment for personal use of marijuana was ‘too strict’ and needed to be relaxed.

Despite this, the norms envisaging imprisonment for this offence still remained in other legislative documents of Georgia, in particular in the Criminal Code and Administrative Offenses Code. Yesterday’s decision meant these norms were now removed from these legislative documents too.