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One more victim of Marijuana criminalization in Tbilisi

 
 
 

No more punishment for overdoses

Drug Policy Georgia

Levan Jorbenadze
Legal Advisor/Attorney
August 14, 2014

Medical institutions and its doctors were obliged to report the cases of the drug overdoses to police and many of them in fact obeyed 5 December 2000, #239/ order of the Minister of Labour, Health and Social Affairs of Georgia. The controversial order made reluctant many overdose witnesses and victims for applying the medical service providers because of the fear of not caught by police. As a result there were many fatal cases.

On August 11, 2014 the order was amended and is already in force. Since 11 August 2014 the medical service providers have no obligation to report the drug overdose cases to police. On August 12 the amendment was widely circulated in the news media. As one of the representative from the Ministry of Internal Affairs (police) noted there was an internal regulation of the Minister of Internal Affairs not to go

after the overdose cases – thus it was a de facto during past two years and now it is a de jure situation.

This new amendment in drug legislation is a progressive change however Georgia still has one of the harshest drug policies in the region and on its account many individual victims and families.

According to the current legislation drug use, keep and purchase for the purpose of personal use in small quantities is still punishable either by fine 500 GEL or administrative imprisonment up to one month, while during a one year if busted second time a drug user is subject to the criminal prosecution with the highest fines which might be some 5000 GEL and imprisonment up to one year. At the same time because of inhuman and unclear practice most of the drug users prosecuted under article 260 of criminal code with up to 11, 7-14 years or life imprisonment and deprivation of fundamental civil rights. There is no categorization of drugs and any practical distinction between dealers, casual users, commercial dealers and dependent users. In addition there is no distinction of soft and hard drugs neither in theory nor in practice.

The current legislation of Georgia allows the de facto decriminalization of all types of drugs but there is still no political will to implement pragmatic drug policy and save human life, protect public health and interests of the society.

 
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Drug Policy Georgia website works to promote information in the field of Georgian drug policy based on harm reduction and human rights, take an active part in advocacy and drug policy change, make the information and legal aid service available to everyone interested in the field