Drug possession lawyer in Georgia — Article 260

Unlawfully buying or keeping a narcotic drug is punished under Article 260 of the Criminal Code of Georgia — if the amount exceeds the small amount. Buying, keeping or using a small amount is usually an administrative offence; repeating it becomes a crime under Article 273.

The amounts are set in an annex to the law and are counted as the pure substance — without fillers such as flour, sugar or medicine. That is why checking the lab report is often the core of the defence.

Penalties under Article 260

• Part 1 — buying or keeping more than a small amount: up to 6 years in prison
• Part 2 — a large amount, as a group, by abusing one's position, repeatedly, or by a person convicted of a drug crime: 5 to 8 years
• Part 3 — an especially large amount or by an organised group: 8 to 20 years or life imprisonment

Small amounts and personal use

• Buying, keeping or using a small amount (other than marijuana) — a fine of GEL 500–2,000 or up to 60 days of administrative detention
• Buying or keeping a small amount of marijuana — a GEL 500 fine
• The same after an administrative penalty or conviction — Article 273: a fine, community service or up to 1 year in prison
• Refusing a drug test — a fine of GEL 500–2,000 or up to 60 days of administrative detention

Quantity thresholds (grams)

More than the small amount, up to and including the large amount, is the starting point for criminal liability (Article 260, Part 1). For example, more than 5 grams of dried marijuana is already a criminal case.

Amounts are counted without fillers. The full list is in Annex 2 to the Law on Narcotic Drugs, Psychotropic Substances, Precursors and Narcological Assistance.

Voluntary surrender

A person who voluntarily hands over the substance is released from criminal liability if there is no other crime in their conduct. It only counts as voluntary if it is reported before an investigation starts and the person actively helps with the seizure.