Caught with drugs for personal use: what to do under Georgian law

What to do

1. First, the type of substance. Non-prescription tablets (pregabalin, known as “Lyrica”, and benzodiazepines) are psychotropic. Pregabalin, like tianeptine and ketamine, is a psychotropic substance of Schedule III, including its medicinal forms such as tablets and capsules (Law of Georgia on Narcotic Drugs, Psychotropic Substances, Precursors and Narcological Assistance, Art. 40, Annex 2). Psychotropic substances without a prescription fall under Art. 261 of the Criminal Code of Georgia, with no administrative threshold, and carry up to 3 years' imprisonment (Criminal Code, Art. 261). The Code of Administrative Offences covers narcotic drugs only. For these tablets, any quantity falls under the Criminal Code. For pregabalin the thresholds are 0.6 / 6.0 / 20 g; for Art. 261 of the Criminal Code they only separate large and especially large amounts, and a small weight does not exempt from liability (Law on Narcotic Drugs, Art. 40, Annex 2).
2. Narcotic drugs (marijuana, MDMA, cocaine): the quantity decides. The small, large and especially large amounts are set by Annex 2 to the law (Law on Narcotic Drugs, Art. 6). Tablets and mixtures are assessed by the pure substance (Law on Narcotic Drugs, Art. 6). If the Annex sets no threshold, any quantity is criminal (Law on Narcotic Drugs, Art. 6). Thresholds: MDMA, small 0.05 g, large 0.5 g, especially large 1 g (Law on Narcotic Drugs, Art. 40, Annex 2). Marijuana, dried or fresh: small 5 g or 10 g, large 70 g or 140 g, especially large 250 g or 500 g (Law on Narcotic Drugs, Art. 40, Annex 2). An expert examination of the substance is required.
3. A small amount for a first offence is an administrative offence: a fine of GEL 500 to 2,000, or detention of up to 60 days (Code of Administrative Offences of Georgia, Art. 45). For marijuana, the fine is GEL 500 (Code of Administrative Offences, Art. 45¹). A repeat offence, after an administrative penalty or a conviction, is a crime (Criminal Code, Art. 273).
4. Above the small amount, Art. 260 of the Criminal Code applies. Exceeding the small amount carries imprisonment of up to 6 years (Criminal Code, Art. 260). A large amount carries 5 to 8 years (Criminal Code, Art. 260). An especially large amount carries 8 to 20 years or life imprisonment (Criminal Code, Art. 260).
5. Ways out: voluntary surrender exempts from liability only if it is declared before the investigation begins (Criminal Code, Art. 260). For less serious and grave offences, diversion (termination of prosecution on conditions) is available (Criminal Procedure Code, Art. 168¹). A plea bargain is possible only with a lawyer.
6. After a verdict: a person convicted under Arts. 260 and 261 of the Criminal Code, even for possession for their own use, is classed as an “accomplice in drug activity” (Law of Georgia on Combating Drug Crime, Art. 2). They lose the right to work in medicine or pharmacy for 10 years, and the right to drive, practise law, teach, hold a civil service post or possess firearms for 5 years (Law on Combating Drug Crime, Art. 3).
7. Where to apply: a lawyer, immediately; investigator or prosecutor; court.
8. Evidence: seizure or search record, expert examination (substance, pure weight), doctor's prescription.
9. Pitfalls: counting the weight of a mixture instead of the pure substance, when for many substances the threshold is a fraction of a gram; “surrendering voluntarily” after detention, which gives no exemption; “for myself” does not protect from Art. 260, since the quantity is what matters.

Be sure to check

• psychotropic tablets (pregabalin and others): criminal liability at any quantity; the Code of Administrative Offences does not apply to them
• for narcotic drugs, the line between administrative and criminal liability is set by the quantity table, by pure weight
• a small amount for a first offence falls under the Code of Administrative Offences; a repeat offence is criminal under Art. 273
• above the small amount: Art. 260 (and Art. 261 for psychotropic tablets); penalties rise with large and especially large amounts
• voluntary surrender only before the investigation begins; diversion or a plea bargain with a lawyer
• loss of rights after a conviction (driving, profession, firearms)