Georgia rules penalties for cannabis cultivation and possession unconstitutional

The Democratic Republic of Georgia has moved towards the decriminalization of cannabis cultivation and possession, by declaring the existing penalties unconstitutional. Until now, Georgia has been one of the most repressive when it comes to drugs. But this small territory is also a major crossroads for drugs between Russia, the Middle East and Europe.

Until now, possession and distribution of cannabis were punishable by a $200 fine and up to 11 years' imprisonment.

The movement to decriminalize cannabis has been active for several years. However, the recent judicial process leading up to this decision lasted only six months. Georgia also legalized medicinal cannabis in February 2015, in the form of an oil of cannabidiol (CBD).

Growing and possessing cannabis remains a crime, but the penalties are no longer applicable following the verdict of the country's Constitutional Court.

The «White Noise» movement: a rally against drug prohibition

White Noise protesters in the streets of Georgia

The «White Noise movement» is a group of people who advocate the decriminalization of drugs in Georgia. Beka Tsikarashvili is a Georgian artist who was arrested with two ounces of cannabis (about 48g) a few years ago. He was threatened with up to 8 years« imprisonment. Following this arrest, Beka became the emblematic figure of the »White Noise« movement. Prevention campaigns and the slogan »Beka is not a criminal" emerged.

David Subeliani is one of the leaders of this movement. Together, they have fought against the police, members of parliament and ministers of state, and organized numerous demonstrations in Georgian streets.

«Here we are, the movement has once again won the constitutional complaint! You can no longer go to prison for growing cannabis,» he rejoices. «For the time being, this will only be the case for small numbers of cannabis plants. But this is just the beginning. In less than three years, the movement has won three constitutional complaints. The current repressive system is breaking down. I'm looking forward to the end of the criminalization of cannabis, so that we can build a new, humane drug policy.»

In detail, on July 14, Georgia's Constitutional Court ruled that the Penal Code's penalties for cannabis use and cultivation were unconstitutional in 2 specific cases: possession of 63.73 grams and 150.72 grams. A third case involving 265.49 grams of cannabis was not retained, the quantity opening the door to suspicions of trafficking.

Other changes may also come soon in Georgia: the court declared that the eleven-year prison sentence for growing over the size limit is «obviously not proportional» and should therefore be reduced.

Last June, the Parliament of Georgia approved a bill to soften the criminal penalties surrounding cannabis. The bill would abolish prison sentences for planting, growing, buying and consuming cannabis. However, a final hearing on the bill must be held before it becomes law.

On the other hand, Tom Angell, president of the Marijuana Majority said the decision was inspired by the various developments in cannabis around the world, including legal cannabis sales in Uruguay or the Recreational cannabis to be legalized in Canada. «Cannabis reform legislation is a global phenomenon that is rapidly gaining momentum. Different jurisdictions are promoting changes for different reasons. The global trend is unmistakable,» he said.

Mehdi Bautier