# Drug possession lawyer in Georgia — Article 260 Buying or keeping drugs is the most common drug case in Georgia (the country). Everything turns on the quantity, the lab report and whether the search was lawful — even a fraction of a gram changes the part of the article and the sentence. - Confidential - Georgian · English · Russian - Free first consultation - Courts of all instances 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. SubstanceSmall (grams, up to and including)Large — more thanEspecially large — more thanMarijuana (dried)570250Hashish (cannabis resin)0,050,55Cocaine0,060,62Heroin0,0050,20,5Methadone0,0050,21Buprenorphine (Subutex)0,00120,0120,03Amphetamine0,0050,11Methamphetamine0,0050,11MDMA (ecstasy)0,050,51Mephedrone0,010,11Alpha-PVP0,0010,21LSD0,000020,00020,001 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. ## Our services - Defence against Article 260 charges - Checking the lab report and the quantity - Lawfulness of the search and seizure - Preventive measure — bail instead of detention - Administrative cases and appealing fines - Assessing a plea agreement ## Questions & answers ### How many grams of marijuana is a crime in Georgia? Up to and including 5 grams of dried marijuana is a small amount — a GEL 500 administrative fine. More than 5 grams is already a criminal case under Article 260; over 70 grams is a large amount, over 250 grams especially large. ### What is the penalty under Article 260, Part 1? Up to 6 years in prison. Part 2 — 5 to 8 years; Part 3 — 8 to 20 years or life. ### Is the quantity counted with packaging or fillers? No. By law the quantity is the pure substance, without fillers. That is why checking the lab report matters so much. ## Legal basis - [Criminal Code of Georgia](https://matsne.gov.ge/ka/document/view/16426) - [Law on Narcotic Drugs, Psychotropic Substances, Precursors and Narcological Assistance](https://matsne.gov.ge/ka/document/view/1670322) - [Code of Administrative Offences of Georgia](https://matsne.gov.ge/ka/document/view/28216) - [Criminal Procedure Code of Georgia](https://matsne.gov.ge/ka/document/view/90034) Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge. ## Related topics - [#Criminal law](https://mmlaw.ge/en/criminal-defense-lawyer/) - [#Your rights](https://mmlaw.ge/en/blog/what-to-do-if-detained/) - - [Criminal defence lawyer](https://mmlaw.ge/en/criminal-defense-lawyer/) - - [Cybercrime lawyer](https://mmlaw.ge/en/cybercrime-lawyer/) - - [Juvenile lawyer in Georgia: legal help for minors](https://mmlaw.ge/en/juvenile-justice-lawyer/) - - [Detained in Georgia? Your rights and what to do](https://mmlaw.ge/en/blog/what-to-do-if-detained/) - - [Police search in Georgia: your rights and what to do](https://mmlaw.ge/en/blog/police-search-your-rights/) - - [Fraud charges in Georgia: penalties and your defence](https://mmlaw.ge/en/blog/fraud-charges-in-georgia/) - - [Theft charges in Georgia: penalties and your rights](https://mmlaw.ge/en/blog/theft-charges-in-georgia/) - - [Domestic violence charges in Georgia: what to know](https://mmlaw.ge/en/blog/domestic-violence-charges-georgia/) Practice areas ## Other practice areas - [Criminal defense](https://mmlaw.ge/en/criminal-defense-lawyer/) — Defense at every stage — from investigation and arrest to trial and appeal. - [Drug offences](https://mmlaw.ge/en/drug-crime-lawyer/) — Defence in cases of buying, possessing, selling and importing drugs — and against fines and administrative detention. - [Cybercrime](https://mmlaw.ge/en/cybercrime-lawyer/) — Defense in cybercrime cases and help for victims of online fraud, hacked accounts and blackmail. - [Property crimes](https://mmlaw.ge/en/property-crime-lawyer/) — Defence in theft, robbery, fraud, extortion, embezzlement and misappropriation cases. - [Economic crimes](https://mmlaw.ge/en/economic-crime-lawyer/) — Defence against tax evasion, money laundering, customs and other economic charges. - [Corruption and official crimes](https://mmlaw.ge/en/corruption-crime-lawyer/) — Defence in bribery, trading in influence and abuse of official power cases. - [Violent crimes](https://mmlaw.ge/en/violent-crime-lawyer/) — Defence in assault, bodily injury, threats and homicide cases — including self-defence. - [Juvenile justice](https://mmlaw.ge/en/juvenile-justice-lawyer/) — Specialised representation of minors, focused on their rights and future. - [Civil litigation](https://mmlaw.ge/en/civil-litigation-lawyer/) — Contract, property and damages disputes — negotiated or argued in court. - [Administrative law](https://mmlaw.ge/en/administrative-law-lawyer/) — Challenging decisions of public bodies, fines, permits and licences. - [Labor disputes](https://mmlaw.ge/en/employment-lawyer/) — Unlawful dismissal, unpaid wages and employment contracts — for employees and employers. - [Corporate law](https://mmlaw.ge/en/corporate-lawyer/) — Company formation, contracts, compliance and shareholder matters. - [Real estate](https://mmlaw.ge/en/real-estate-lawyer/) — Due diligence, purchase agreements, registration and property disputes. - [Family law](https://mmlaw.ge/en/family-lawyer/) — Divorce, custody, alimony and division of property — handled with discretion. - [Inheritance](https://mmlaw.ge/en/inheritance-lawyer/) — Accepting an inheritance, the certificate of inheritance, wills and disputes between heirs. - [Intellectual property](https://mmlaw.ge/en/intellectual-property-lawyer/) — Trademarks, copyright and protection of your creative and business assets. --- Source: https://mmlaw.ge/en/drug-possession-lawyer/ · MMLAW · +995 551 00 43 00 · info@mmlaw.ge