Cannabis in Georgia (country)

Last updated June 05, 2024

Cannabis in Georgia is legal in terms of its possession and consumption due to a ruling by the Constitutional Court of Georgia on 30 July 2018. This makes Georgia one of the first countries in the world to legalize cannabis for both recreational and medical use, and the only former-communist state in the world to do so.

Large scale cultivation and sale of cannabis remains illegal, although there have been active discussions in Georgia's political circles on commercializing marijuana.^[1] In the political arena, Girchi and its leader Zurab Japaridze emerged as one of the strongest supporters of more liberal cannabis policies, although this view has then been picked up by other political forces as well to some extent.

Cultivation

Georgia illegally cultivates some small amounts of cannabis, mostly for local consumption.^[2] As of 2005, Georgia also served as a transit route for drugs coming from Central Asia, headed for Russia and Europe.^[3]

Enforcement

Before Georgia legalized cannabis it had a strict anti-drug policy, under which offenders could have been jailed for up to 14 years. The advocacy group White Noise Movement states that over 100 people are drug tested by Georgian police daily. Following the 2006 strengthening of the drug laws, Georgia collected $11.3 million in drug-related fines in the first year.^[4]

Reform

Beginning in 2013 there were calls from various advocacy groups and opposition politicians to decriminalize cannabis, but the government remained opposed.^[5] In October 2015, the Constitutional Court of Georgia ruled that the norm of the country's Constitution about imprisonment for personal use of cannabis was "too strict" and needed to be relaxed. In December 2016, the Court further declared that imprisonment for use of small amounts of cannabis, as well as its purchase, retention, and production for personal use, was unconstitutional.^[6]

On 30 July 2018, the Constitutional Court of Georgia ruled that "consumption of marijuana is an action protected by the right to free personality" and that "[Marijuana] can only harm the user's health, making that user him/herself responsible for the outcome. The responsibility for such actions does not cause dangerous consequences for the public."^[7]^[8] The ruling made legal the use and possession of cannabis in Georgia but kept in place penalties for cultivation and sale of the drug. Actions which also remain illegal include public consumption and use in the presence of children.^[9]

Protests

In May–June 2015, End the Drug War ^[10] and June 2nd Movement organized protests in favor of decriminalization.^[11]^[12]^[13]

In December 2016 the White Noise Movement held a protest outside the Parliament building calling for decriminalization of drugs, including cannabis.^[14]

On New Year's Eve of 2016, Girchi Party activists planted cannabis plants in 84 pots in the party's Tbilisi headquarters, in defiance of Georgian drug policy.^[4] Georgian police officers arrived and confiscated the plants, but did not charge party members with any criminal offense.^[15]

On 20 October 2018 Girchi Party activists held the Cannabis Legalization Festival in the downtown of Tbilisi protesting the new aim of Parliament to pass a bill restricting the consumption of cannabis.

Related Research Articles

In the United States, the non-medical use of cannabis is legalized in 24 states and decriminalized in 7 states, as of November 2023. Decriminalization refers to a policy of reduced penalties for cannabis offenses, typically involving a civil penalty for possessing small amounts, instead of criminal prosecution or the threat of arrest. In jurisdictions without penalty the policy is referred to as legalization, although the term decriminalization is sometimes used for this purpose as well.

Drug liberalization is a drug policy process of decriminalizing, legalizing, or repealing laws that prohibit the production, possession, sale, or use of prohibited drugs. Variations of drug liberalization include drug legalization, drug relegalization, and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.

The use, sale, and possession of cannabis containing over 0.3% THC by dry weight in the United States, despite laws in many states permitting it under various circumstances, is illegal under federal law. As a Schedule I drug under the federal Controlled Substances Act (CSA) of 1970, cannabis containing over 0.3% THC by dry weight is considered to have "no accepted medical use" and a high potential for abuse and physical or psychological dependence. Cannabis use is illegal for any reason, with the exception of FDA-approved research programs. However, individual states have enacted legislation permitting exemptions for various uses, including medical, industrial, and recreational use.

In the early 21st century, advocacy for drug legalization has increased in Latin America. Spearheading the movement, the Uruguayan government announced in 2012 plans to legalize state-controlled sales of marijuana in order to fight drug-related crimes.

Cannabis in South Dakota is legal for medical use as of July 1, 2021, having been legalized by a ballot initiative on November 3, 2020. Prior to then, cannabis was fully illegal, with South Dakota being the only U.S. state which outlawed ingestion of controlled substances. Testing positive for cannabis can be a misdemeanor offense. South Dakota would have become the first state in US history to legalize recreational and medical cannabis simultaneously, but an amendment legalizing recreational marijuana that was approved in the same election was struck down as unconstitutional the following February. The challenge claimed the amendment violated Amendment Z, the "Single-Subject Rule". The decision was appealed to the South Dakota Supreme Court, which upheld the lower court's decision on November 24, 2021.

Cannabis in North Dakota is legal for medical use but illegal for recreational use. Since 2019 however, possession under a 1/2 ounce has been decriminalized in the sense that there is no threat of jail time, though a criminal infraction fine up to $1,000 still applies. The cultivation of hemp is currently legal in North Dakota. In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; the measure was rejected 59% to 41%. Two groups attempted to put marijuana legalization measures on the June 2020 Primary and the November 2020 elections, but were prevented from doing so by the COVID-19 pandemic.

Girchi is a libertarian political party in Georgia. It emphasizes economic liberalism and fiscal conservatism, and claims that "Girchi unites people who share the principles of nonaggression (NAP); supremacy of individual; property rights; free market and voluntary association; freedom of speech and expression. Girchi is sceptical of authority and state powers as it advocates for minimal government and state’s non-interference in personal life and economy. Any activity or campaign associated with Girchi is based on unconditional and deep belief that our bodies belong only to us; that committing violence against nonaggressor is immoral, and that private property is ‘sacred’." Girchi supports Atlanticism and pro-Europeanism. Girchi supports more private sector involvement in both healthcare and environment protection, advocating for deregulation and the removal of prohibition laws that protects the environment but that according to the party have the opposite effect.

Cannabis in Nevada became legal for recreational use on January 1, 2017, following the passage of Question 2 on the 2016 ballot with 54% of the vote. The first licensed sales of recreational cannabis began on July 1, 2017.

Cannabis in New Mexico is legal for recreational use as of June 29, 2021. A bill to legalize recreational use – House Bill 2, the Cannabis Regulation Act – was signed by Governor Michelle Lujan Grisham on April 12, 2021. The first licensed sales of recreational cannabis began on April 1, 2022.

Cannabis in Florida is illegal for recreational use. Possession of up to 20 grams is a misdemeanor offense, punishable by up to a year in jail, a fine of up to $1000, and the suspension of one's driver's license. Several cities and counties have enacted reforms to apply lesser penalties, however.

Cannabis in Ohio is legal for recreational use. Issue 2, a ballot measure to legalize recreational use, passed by a 57–43 margin on November 7, 2023. Possession and personal cultivation of cannabis became legal on December 7, 2023, with the first licensed sales yet to occur under the law. Prior to legalization, Ohio decriminalized possession of up 100 grams in 1975, with several of the state's major cities later enacting further reforms.

In Washington, D.C., cannabis is legal for both medical use and recreational use for possession, personal use, cultivation, transportation and gifting, and for retail sale once a regulatory system is implemented following an affirmative vote by the residents on a 2014 ballot initiative. The United States Congress exercises oversight over the government of the District of Columbia, preventing the local government from regulating cannabis sales like other jurisdictions with authority derived from a U.S. state.

Cannabis in South Africa has been decriminalized for personal adult consumption in private by the Constitutional Court of South Africa. However, laws still prohibit its use outside of one's private dwelling as well as the buying and selling of cannabis. Regulations prohibiting the purchase of cannabis-containing products remain in effect, raising questions about the enforceability of the ruling.

Cannabis in Colombia is fully legal for medicinal purposes and for industrial purposes.

<span class="mw-page-title-main">Cannabis in Japan</span> Use of cannabis in Japan

Cannabis has been cultivated in Japan since the Jōmon period of Japanese prehistory approximately six to ten thousand years ago. As one of the earliest cultivated plants in Japan, cannabis hemp was an important source of plant fiber used to produce clothing, cordage, and items for Shinto rituals, among numerous other uses. Hemp remained ubiquitous for its fabric and as a foodstuff for much of Japanese history, before cotton emerged as the country's primary fiber crop amid industrialization during the Meiji period. Following the conclusion of the Second World War and subsequent occupation of Japan, a prohibition on cannabis possession and production was enacted with the passing of the Cannabis Control Law.

Cannabis in Mexico is legal for both recreational and medicinal purposes. It became legal for recreational purposes in June 2021, upon application and issuance of a permit from the health secretariat, COFEPRIS. On 29 June 2021, the Supreme Court of Mexico decriminalized the recreational use of cannabis. President Andrés Manuel López Obrador signed a bill that allows adults 18 and over to possess up to 28 grams of cannabis and grow up to six marijuana plants on their property.

The list includes and details significant events that occurred in the global history of national-level implementations of, or changes made to, laws surrounding the use, sale, or production of the psychoactive drug cannabis.

<span class="mw-page-title-main">Legal history of cannabis in Canada</span>

The Cannabis Act (C-45) of June, 2018 paved the way for the legalization of cannabis in Canada on 17 October 2018. Police and prosecution services in all Canadian jurisdictions are currently capable of pursuing criminal charges for cannabis marketing without a licence issued by Health Canada. The Supreme Court of Canada has held that the federal Parliament has the power to criminalize the possession of cannabis and that doing so does not infringe upon the Canadian Charter of Rights and Freedoms. The Ontario Court of Appeal and the Superior Court of Ontario have, however, held that the absence of a statutory provision for medical marijuana is unconstitutional, and to that extent the federal law is of no force and/or effect if a prescription is obtained. The recreational use of cannabis has been legalized by the federal government, and took effect on 17 October 2018.

The 2018 Georgian protests were series of mass protests in Tbilisi that started on 12 May, when police raided the nightclubs Bassiani and Gallery with a stated purpose of preventing illegal drug sale. Protesters gained momentum when thousands gathered in front of the Parliament building, where organizers called for the drug policy reform. The protests were met by various counter-protests and rallies. On May 13, the fascist organization Georgian National Unity rallied against the "drug dealers and LGBT propagandists", as its leader, Giorgi Chelidze has stated. Various conservative organizations headed by Georgian March and Georgian Idea also organized counter-protests against the drug liberalization, gathering thousands of people in front of the Parliament building. As the protests became more politicized, thousands demanded the resignation of prime minister Giorgi Kvirikashvili.

Iago Khvichia is a Georgian politician who has served as a member of Parliament since 2020 and chairman of New Political Center — Girchi, a right-libertarian political party, since 2018.

References

↑ "Georgia Could Become the First Country to Export Legal Marijuana", Entrepreneur, 2018
↑ International Monetary Fund. Legal Dept. (4 January 2013). Georgia: Detailed Assessment Report on Anti-Money Laundering and Combating the Financing of Terrorism. International Monetary Fund. pp. 24–. ISBN 978-1-4755-5293-5.
↑ Guy Arnold (29 March 2005). International Drugs Trade. Routledge. pp. 174–. ISBN 1-135-45516-3.
1 2 "Green Defiance Challenges Law, Power in Georgia". Voanews.com. 2017-01-02. Retrieved 2017-01-16.
↑ "PM Strongly Against of Marijuana Decriminalization". Civil Georgia. 4 June 2015. Retrieved 25 December 2016.
↑ "Norms envisaging imprisonment for marijuana use now null and void in Georgia". Agenda.ge. 24 December 2016. Retrieved 25 December 2016.
↑ Roberts, Chris (30 July 2018). "Georgia's High Court Removes Marijuana Possession Penalties". Marijuana Moment. Retrieved 9 August 2018.
↑ "Georgian Court Abolishes Fines For Marijuana Consumption". Radio Free Europe/Radio Liberty. 30 July 2018. Retrieved 9 August 2018.
↑ Wayne, Shawn (30 July 2018). "Smoking Marijuana Legalized in Georgia". Georgia Today. Archived from the original on 8 August 2018. Retrieved 9 August 2018.
↑ "Criminal Justice Reform".
↑ Archived at Ghostarchive and the Wayback Machine : "არ დაიჭირო!: რუსთავი 2-ის სიუჟეტი მარიხუანას დეკრიმინალიზაციის შესახებ". YouTube . 30 May 2015.
↑ "2 ივნისი - YouTube". YouTube .
↑ "Log in or sign up to view". www.facebook.com.
↑ "Fighting back against Georgia's war on drugs". openDemocracy. 2016-12-15. Retrieved 2017-01-14.
↑ George Nelson in Tblisi (24 January 2017). "Georgia eases draconian law on cannabis use | World news". The Guardian. Retrieved 2017-03-05.