TBILISI -- Georgia's Constitutional Court has abolished administrative punishments for the consumption of marijuana, making the Caucasus country the first former Soviet republic to legalize usage of the drug.

The ruling by four senior court judges on July 30 concerns only the consumption of cannabis, while cultivation and selling remain a crime, the court said in its ruling.

It added that punishing a person for consuming cannabis would comply with the constitution only if consumption put a third party at risk.

"According to the applicants [Zurab Japaridze and Vakhtang Megrelishvili], the consumption of marijuana is not an act of social threat. In particular, it can only harm the user's health, making that user him/herself responsible for the outcome. The responsibility for such actions does not cause dangerous consequences for the public," the court said.

"The Constitutional Court highlights the imposition of responsibility of marijuana consumption when it creates a threat to third parties. For instance, the court will justify responsibility when marijuana is consumed in educational institutions, public places, such as on public transport, and in the presence of children,” it added.

The ruling was prompted by a lawsuit filed by activists of the opposition Girchi party.

"It can only harm the health of the consumer, who is responsible for the results of the action," the lawsuit read.

Japaridze told reporters the ruling was a victory for a freer Georgia.

"This wasn't a fight for cannabis. This was a fight for freedom," he said.

In late November, the Constitutional Court decriminalized use of marijuana or other forms of cannabis-based drugs but preserved administrative punishment, such as a fine, for marijuana use.

Before that, Georgia's Criminal Code defined repetitive use of marijuana and possession of more than 70 grams of dried cannabis as a crime for which individuals could face punishment that does not include imprisonment.

The Girchi party, which has led a drive to legalize marijuana since November 2016, said then that it will fight for complete decriminalization of marijuana in the country.</s>The Constitutional Court of Georgia has released a statement on the decision made today regarding the use of marijuana, effectively abolishing administrative punishment for the use of the drug.

"According to the applicants (Zurab Japaridze and Vakhtang Megrelishvili), the consumption of marijuana is not an act of social threat. In particular, it can only harm the users’ health, making that user him/herself responsible for the outcome. The responsibility for such actions does not cause dangerous consequences for the public."



The Constitutional Court of Georgia noted that permission to consume marijuana is an act of protection of the person's right to free development, and while prohibition of consumption of marijuana is an action directed against its turnover and therefore serves the legitimate aim of consumer protection of health, according to the Court, the role of an individual user in the support of marijuana circulation is very small, and consequently the threats from individual consumption are likewise small. Due to the above, the punishment for consumption of marijuana is disproportionate.”

The court takes into account certain exceptions for today's decision in cases when the use of marijuana creates threats to third parties.

"In addition, the Constitutional Court highlights the imposition of responsibility of marijuana consumption when it creates a threat to third parties. For instance, the Court will justify responsibility when marijuana is consumed in educational institutions, public places, such as on public transport, and in the presence of children”, stated the Court.

Zurab Japaridze congratulated everyone on the decision made today on July 30, 2018.

"I would like to congratulate everybody on the decision made by the Constitutional Court. Through this decision, Georgia became a freer country. Administrative punishment for consumption of marijuana was revoked by the Constitutional Court, which means that consumption of marijuana in Georgia is now legal," said Japaridze.

He noted that it is the duty of individuals to go about the use of marijuana in a responsible manner, keeping other smoking legislations and laws under consideration, as these will still apply.

By Shawn Wayne

30 July 2018 16:31</s>"The Constitutional Court noted that the use of marijuana represents the right to person's free development… according to the court, the individual consumption of marijuana plays a very weak role in facilitating its [marijuana] circulation," the ruling, which came into force immediately, read.

The ruling concerns only the consumption of cannabis while cultivation, storage, and selling remain a crime.

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Weed consumption became legal in Georgia last year, as the constitutional court only with administrative fines as the only punishment for its use, however, activists demanded those penalties to be removed.
Following a campaign led by Georgian politician Zurab Japaridze, the Constitutional Court of Georgia legalizes cannabis for recreational use. Georgia is the first former Soviet Republic to fully legalize the drug, with it also being decriminalized in Russia, Ukraine and Estonia.