Bill on Differentiation of Drug-Related Offenses Passed
Parliament passed an amendment to the criminal code that differentiates drug possession offences from illegal sale of narcotics during its first hearing on May 28.
Currently the law does not provide differentiation to various drug-related offenses and possession of very small amounts of certain drugs may result in prosecution for the intent to distribute as a drug dealer.
The only clause in the criminal code dealing with drug-related offenses says without differentiation that illegal production, possession, purchase, transportation and sale of narcotics is punishable by up to 11 years in prison.
The proposed amendment, if approved by the Parliament with its final reading, will make illegal possession, purchase, production, transportation and sending of narcotics punishable with up to 6 years in jail.
Illegal sale of narcotics will be made as a separate category of offense and will carry prison term from 6 to 11 years as a punishment, according to the proposed legislative amendments.
Deputy Justice Minister Alexander Baramidze told lawmakers while presenting the bill that it was a “very important” amendment that will also contribute to the implementation of the visa liberalisation action plan with the EU.
He said that the amendment, after it is enacted, can also be applied retroactively to allow people currently serving prison terms on drug-related offenses to appeal to courts for reviews of their cases.