The First Board of the Constitutional Court of Georgia rules to partially uphold Constitutional Claim №882
The First Board of the Constitutional Court of Georgia rules to partially uphold Constitutional Claim №882
On June 24, 2026, the First Board of the Constitutional Court of Georgia ruled to partially uphold Constitutional Claim №882 (“Paata Cherkezishvili v. the Parliament of Georgia”).
In the present case, the disputed provisions criminalized the purchase and possession, for personal use, of the narcotic substance cannabis resin (in the amount of 0.1315 grams). The disputed provisions also criminalized the same conduct if committed repeatedly or by a person previously convicted of an crime provided for under Chapter XXXIII of the Criminal Code of Georgia. At the same time, the disputed provisions prescribed imprisonment for a term of up to six years as a penalty for the above-mentioned acts and imprisonment for a term of five to eight years where the same crime was committed under aggravating circumstances.
The claimant argued that imposing criminal liability for the purchase and possession, for personal use, of 0.1315 grams of the narcotic substance cannabis resin violated everyone’s right to the free development of their personality. The claimant further argued that the imposition of imprisonment for the same crime violated the prohibition of manifestly disproportionate punishment.
According to the respondent, the disputed provisions served to protect public health and safety, including by preventing the illegal circulation and distribution of narcotic substances. The respondent further argued that cannabis resin differs from marijuana in terms of its characteristics and tetrahydrocannabinol (THC) concentration, and that its purchase and possession increase the risk of distribution of that narcotic substance. Furthermore, in view of the legislature’s broad discretion in the field of drug policy, the respondent maintained that the disputed sanctions were not manifestly disproportionate.
Referring to its previous case-law, the Constitutional Court of Georgia noted that, as a rule, 0.1315 grams of the narcotic substance cannabis resin constitutes an amount sufficient only for personal use and that its purchase and possession for that purpose does not indicate a real risk of distribution. Moreover, the Constitutional Court of Georgia held that commission of the same act by a person previously convicted of a drug-related crime does not increase the level of danger inherent in the act itself. Accordingly, the Constitutional Court of Georgia held that imposition of imprisonment for the purchase and possession, for personal use, of 0.1315 grams of the narcotic substance cannabis resin, including where such conduct is committed by a person previously convicted of a drug-related crime, is contrary to Article 9(2) of the Constitution of Georgia.
At the same time, the Constitutional Court of Georgia held that since the possibility of the distribution cannot be excluded in cases where cannabis resin is purchased and possessed for personal use, the part of disputed provisions that criminalised purchase and possession of 0.1315 grams of cannabis resin for personal use, as well as commission of the same act repeatedly or by a person previously convicted of a crime provided for under Chapter XXXIII of the Criminal Code of Georgia, is not contrary to Article 12 of the Constitution of Georgia.
