Drug test in Georgia — can you refuse? Fines and rights

Under Article 45 of the Administrative Offences Code, avoiding a drug-use test is punished exactly like drug use itself (other than marijuana): a fine of GEL 500–2,000 or up to 60 days' administrative detention. Marijuana use is covered by a separate article (45¹).

For drivers, avoiding the test is punished more harshly (Article 115²): GEL 1,000 and a 1-year suspension of driving rights; for taxi, bus or truck drivers, GEL 2,000 and 2 years. Driving under the influence of drugs is a crime (Criminal Code, Article 276(1)).

How the test works

• The police may take you to the MIA forensic department; you can refuse to be taken, but then you must take a lab test yourself within 4 hours — otherwise it counts as avoiding the test
• If the result is positive, you can ask for an alternative test of the sealed control sample within 10 days
• Sign the record only after reading it; if you disagree, write your objection
• Someone who voluntarily hands over a small amount of drugs, or voluntarily seeks medical help for drug use, is released from liability

Other consequences

A court takes away the driving licence of a person punished for drug use for 3 years, and other listed rights for 5 years. So challenging the fine is often about much more than the money.