Legalization of Cannabis: Is it legal to smoke?

Legalization of Cannabis: Is it Legal to Smoke?

On July 30, 2018, the Constitutional Court of Georgia made a decision that legalizes the consumption of marijuana. This is a historic step that brings the country closer to those where cannabis has been fully legalized.

We owe thanks to Zurab “Girchi” Japaridze and Vakhtang Megrelishvili for this, as it was their lawsuit that led to this decision.

However, the devil is in the details—cannabis has not been fully legalized: cultivation and sale remain illegal. The court’s decision makes the use of marijuana legally permissible, but its purchase, possession, and transportation are still strictly controlled.

If we listen to the lawyers, it turns out that cannabis is still not truly legal; only its consumption has been decriminalized.

It is important to be well-acquainted with the regulations to avoid breaking the law.

What can’t we be arrested for? Essentially, cannabis consumption is legal, but everything else is not.

When caught with so-called "fact" and dry marijuana up to 70 grams, criminal liability will not arise—you cannot be arrested. However, law enforcement will happily fine you 500 GEL.

In essence, only the punishment for consumption has been removed. That is, if you're caught extremely “high,” nothing can be done to you. But if even half a joint is found on you, you'll be fined 500 GEL, and if more than 70 grams are found, it’s already a “sentence” (or at least probation).

It’s a paradox: cannabis consumption is not punishable, almost not punishable, but we’ll discuss that later. But if smoking is allowed, where can we get it to smoke?

Also, cultivation of small amounts for personal use is only punishable administratively. The question arises: What is this small amount and what constitutes personal use?

The weight of fresh cannabis leaves and the so-called “flower tops” should not exceed 266 grams. From a single harvest, only 100 grams of fresh leaves can be picked. After drying, this amount should not exceed 70 grams.

We can grow up to 266 grams and harvest up to 70 grams of dry product each time.

What else can’t we be arrested for? (but can be fined) As mentioned above, cannabis and its products’ consumption is not punishable, or more accurately, almost not punishable. More specifically, smoking “weed” is not punishable administratively or criminally under certain conditions, except in the following cases:

• Public places: Smoking marijuana in public places (including entrances and streets) is prohibited, with fines ranging from 800 to 1200 GEL. Yes, it is legal to smoke only in your own home.
• Minors: For individuals under 21, smoking marijuana is fined between 500 to 1500 GEL.
• Workplaces: Smoking in workplaces is prohibited, with fines ranging from 1000 to 1500 GEL. Highly qualified professionals, such as doctors and drivers, may also lose their professional licenses. For police officers and military personnel, the issue of dismissal may arise in addition to the fine, accompanied by criminal or disciplinary punishment.
• In the presence of minors: Being under the influence of marijuana in the presence of minors is punishable by a fine of 1000 to 1500 GEL.

What can we be arrested for? Dealing and “pushing” weed are still punishable by 6 to 11 years in prison. Naturally, the punishment depends on the amount. More than 70 grams is considered a large quantity, while 500 grams or more is considered an especially large quantity. The same applies to cultivation.

Fortunately, recent legal practice shows that more and more cultivation cases are being resolved with fines and probation rather than imprisonment. The amount of the fine, as well as the duration of the probationary sentence, depends on the amount of marijuana. However, a good lawyer plays a crucial role.

Incitement of minors: Inciting or persuading a minor to smoke is punishable by 6 to 10 years of imprisonment. The same punishment applies to the incitement of two or more adults.

So theoretically, you could be arrested if you offer weed to friends, and one of them turns out not to be your friend after all.

Driving under the influence: Driving under the influence of smoked marijuana is considered a criminal offense and is punishable by a fine and up to 1 year in prison. If you violate traffic rules or cause harm, the punishment will be more severe depending on the scale of the incident.

Legal status of cannabis seeds Interestingly, in Georgia, possession of cannabis seeds is entirely legal, as they do not contain narcotic substances. This is one of the nuances of the legislation, which reflects its complex and sometimes contradictory nature.

What will happen tomorrow? The legalization of cannabis, more precisely the legalization of its consumption, is an important step toward changing the country's drug policy, serving to recognize individual freedom while imposing strict controls to prevent abuse and ensure public safety. The current legislation is full of challenges and requires precise understanding to allow citizens to live according to the new legal environment.

In the context of global debates about cannabis, Georgia's example demonstrates the difficult balance between legalization, regulation, and enforcement. Although the country allows personal consumption, the legal restrictions continue to highlight the challenges that exist in the process of drug law reform.