The abstract of the judgment (The judgment is available only in Georgian). Abstracts published by the Constitutional Court of Georgia summarise the facts of the case and key legal considerations of the judgment.

Abstract

The author of the constitutional complaint №701 applied for declaration as unconstitutional of the normative content of Article 265(2) of the Criminal Code of Georgia, which allowed for sentencing to imprisonment as a criminal punishment for illegal sowing, growing or cultivation of large amount of narcotic drug - cannabis (plant) with regard to Article 17(2) of the Constitution of Georgia.

Complainants in the constitutional complaints №722 and №725 applied for declaration as unconstitutional of that normatie content of Article 265(1) of the Criminal Code of Georgia, which provides for imprisonment as punishment for unlawful sowing or growing of a narcotic drug – cannabis (plant) and declaration as unconstitutional of the normative content of Article 265(2), which provides for imprisonment as punishment for unlawful sowing and growing of the large amount of narcotic drug – cannabis (plant) with regard to Article 17(2) of the Constitution of Georgia. The author of the constitutional complaint №725 also asked for declaration as unconstitutional of the normative content of Article 265(3) of the Criminal Code of Georgia, which provided for imprisonment as punishment for illegal sowing or growing of particularly large amount of narcotic drug – cannabis (plant) with regard to Article 17(2) of the Constitution of Georgia.

According to the constitutional complaints №701, №722 and №725, the complainants were found in possession of 150,72 grams, 63,73 grams and 265,49 grams of cannabis respectively. In view of this, in the abovementioned case the Court reviewed the sentencing to imprisonment, as type and degree of punishment for sowing, growing and cultivation of the above-mentioned amounts of cannabis for personal consumption purposes. The Constitutional Court drew a distinction between the danger entailed by sowing, growing and cultivation of certain amount of cannabis (plant) to the owner of the plant, on the one hand and the danger, which these actions may cause for other people, on the other hand. Based on the testimonies of witnesses and specialists, the Court decided that the use of products of cannabis could involve potential risks for human health. Moreover, it was ascertained, that the danger, which the consumption of products of cannabis may cause for its consumer is lighter compared with the harm caused by consumption of other, so-called hard narcotic drugs. The Court reiterated the standard already established by it and declared that it is purposeless and therefore, unjustified to sentence a person to imprisonment, as criminal punishment for an act, which can only cause danger for their health.

Based on the evidence brought before it, the Court ascertained that there is no irrefutable link between consumption of products of cannabis and commission of other crimes. The Court also indicated, that it was not proved either, that the link between the consumption of products of cannabis and commission of other crimes is more frequent and obvious, then in case of alcoholic intoxication, for example.

The Constitutional Court evaluated separately the inherent dangers of distribution associated with the disputed amounts of cannabis. It ruled, that 63,73 grams (the constitutional complaint №722) and 150,72 grams (constitutional complaint №701) of cannabis cannot be considered to be that amount, which involves the inherent risk of its distribution. In view of all the above-mentioned, the Court considered, that sentencing to imprisonment, as a punishment for the acts of sowing and growing of 63.73 grams of cannabis and sowing, growing and cultivation of 150,72 grams of cannabis constituted manifestly disproportional punishment and therefore contradicted Article 17(2) of the Constitution of Georgia.

The Court indicated, that sowing and growing of 265,49 grams of cannabis lead to high risks of its distribution. As the sentence prescribed for growing of the mentioned amount of cannabis served the protection of health of others, the Court found it constitutional to sentence a person to imprisonment as type of punishment for the mentioned act. However, based on the comparison with sanctions prescribed for other more serious crimes, stated in the Criminal Code of Georgia, the Court arrived at the conclusion, that the given length of the prescribed punishment for growing of 265,59 grams of cannabis – imprisonment from 6 to 12 years was manifestly disproportional punishment and was incompatible with Article 17(2) of the Constitution of Georgia.