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 subject of dispute in the constitutional complaint №696 is the constitutionality with regard to Article 17(2) of the Constitutional of Georgia of that normative content of Article 260(3), which allows for meting out criminal sentence of imprisonment from 5 to 8 years for preparation, purchase and storage of large amount of narcotic drug – desomorphine.

Reviewing the claim stated in the constitutional complaint №696, the Constitutional Court had to review the given reality and find out whether the sentence applicable for manufacturing, purchase and storage of 0,00009 grams of desomorphine was manifestly disproportional punishment and hence violated Article 17(2) of the Constitution.

Based on the analysis of the legislation of Georgia, the Constitutional Court ascertained, that the law did not define small amount or the minimal amount required to trigger criminal liability for desomorphine; as a result any amount of this narcotic drug, which did not exceed 1 gram, qualifies as large amount, regardless of whether it was usable for consumption. The Court interpreted that the hazard associated with desomorphine for human health is caused by the possibility of its consumption. It was also noted, that the above-mentioned legal good can only be endangered if that amount of desomorphine is available which involves objective opportunity of its consumption.

The Constitutional Court ascertained, that 0,00009 grams of desomorphine, in view of its very small, microscopic amount, does not entail the danger of its consumption and/or sale. Furthermore, the Court explained, that manufacturing of 0,00009 grams of desomorphine would be illogical and purposeless act of a respective person. The Court stated that traces of desomorphine in the above-mentioned amount on various objects may indicate the fact of manufacturing, purchase or storage of this narcotic drug in the amount, that could be used for consumption, while taken separately, fact of preparation, purchase and/or storage of 0,00009 grams of desomorphine does not per se involve any danger that would justify sentencing to imprisonment.

In view of all the above-mentioned, the Constitutional Court declared unconstitutional the normative contents of the disputed provision, which allowed for sentencing to imprisonment, as a criminal punishment for manufacturing, purchase and storage of 0,00009 of narcotic substance – desomorphine with regard to Article 17(2) of the Constitution of Georgia.