Database of Legislation

Drug offences
  • Offences

    • • Cultivation/ production/ manufacture
      • Extraction/ preparation
      • Offering/ offering for sale/ sale/ brokerage
      • Purchase/ possession
      • Distribution/ delivery/ dispatch/ transport
      • Importation/ exportation
 CHAPTER XXXIX
 Article 260-274

UNTOC Articles

  • Organized Crime Convention

  • Article 11: Prosecution, adjudication and sanctions
  • Trafficking in Persons Protocol

  • Smuggling of Migrants Protocol

  • Firearms Protocol

     

    Original Text

    Article 260- Illicit Preparation, Production, Purchase, Keeping, Shipment, Transfer or Sale of Narcotics, the Analogy or Precursor Thereof:

    1. Illicit preparation, production, purchase, keeping, shipment, transfer or sale of drugs, the analogy or precursor thereof,- shall be punishable by imprisonment for up to ten years in length.

    2. The same action perpetrated: a) in large quantities; b) by a prior consent of a group; c) by using one’s official position; d) repeatedly; e) by the one who has previously committed one of the offences referred to in this Chapter of this Code, - shall be punishable by imprisonment ranging from six to twelve years in length.

    3. The action referred to in Paragraph 1 or 2 of this article, perpetrated: a) in especially large quantities; b) by an organized group,- shall bear legal consequences of imprisonment ranging from eight to twenty years in length or life imprisonment. Note: Criminal liability for committing the offences referred to in this Chapter shall be lifted up from the person who voluntarily hands over narcotics, analogy or precursor thereof, psychotropic substance, its analogy or powerful substance, if his/her action bears no signs of any other crime.

    Article 261- Illicit Preparation, Production, Purchase, Keeping, Shipment, Transference or Sale of Psychotropic Substance, Its Analogy or Powerful Substance:

    1. Illicit preparation, production, purchase, keeping, shipment, transference or sale of psychotropic substance or its analogy, - shall be punishable by fine or by corrective labour for up to two years in length or by imprisonment for up to three years in length.

    2. Illicit preparation, production, purchase, keeping, shipment, transference of sale of any powerful substance, - shall be punishable by fine or by corrective labour for up to one year in length.

    3. The action referred to in Paragraph 1 or 2 of this Article, perpetrated: a) in large quantities; b) by a prior consent of a group; c) by using one’s official position; d) repeatedly; e) by the one who has previously committed one of the offences referred to in this Chapter of the Code, - shall be punishable by imprisonment for up to five years in length.

    4. The action referred to in Paragraph 1 or 2 of this article perpetrated: a) in especially large quantities; b) by an organized group,- shall be punishable by prison sentence ranging from three to eight years in length.

    Article 262. Illegal Import to or Export from, or International Transit Shipment Across Georgia, of Narcotics, Analogy or Precursor Thereof :

    1. Illegal import to or export from, or international transit shipment across Georgia, of narcotics, analogy or precursor thereof shall be punishable by prison sentences ranging from five to ten years in length.

    2. The action referred to in Paragraph 1 of this article, perpetrated: a) in large quantities; b) by a prior consent of a group; c) by using one’s official position; d) repeatedly; e) by the one who has previously committed one of the offenses referred to in this Chapter of the Code,- shall be punishable by prison sentences raging from eight to fifteen years in length.

    3. The action referred to in Paragraph 1 or 2 of this Article, perpetrated: a) in especially large quantities; b) by an organized group,- shall be punishable by prison sentences ranging from ten to twenty years in length or by life imprisonment.

    Article 263- Illegal Import to or Export from, or International Transit Shipment Across Georgia, of Narcotics, Analogy or Precursor Thereof in Large Quantities:

    1. Illegal import to or export from, or international transit shipment across Georgia, of narcotics, analogy or precursor thereof in large quantities,- shall be punishable by prison sentences ranging from two to eight years in prison.

    2. The action referred to in Paragraph 1 of this Article, perpetrated: a) in especially large quantities; b) by a group; c) by using one’s official position; d) repeatedly; e) by the one who has previously committed one of the offences referred to in this Chapter of the Code,- shall be punishable by prison sentences ranging from four to twelve years in length.

    Article 264- Misappropriation or Extortion of Narcotics, Analogy or Precursor Thereof, Psychotropic Substance, Its Analogy or Powerful Substance:

    1. Misappropriation or extortion of narcotics, analogy or precursor thereof, psychotropic substance, its analogy or powerful substance,- shall be punishable by fine or by corrective labour for up to two years in length or by imprisonment for the term not in excess of four years.

    2. The same action, perpetrated: a) in large quantities; b) by a prior consent of a group; c) by using one’s official position; d) repeatedly; e) by the one who has previously committed one of the offenses referred to in this Chapter of the Code; f) under violence exposing no danger to life or health or under threat of such violence,- shall be punishable by prison sentences ranging from four to eight years in length.

    3. The action referred to in Paragraph 1 or 2 of this article perpetrated: a) in especially large quantities; b) by an organized group; c) under violence exposing danger to life or health or under threat of such violence,- shall be punishable by prison sentences ranging from seven to fifteen years in length.

    Article 265- Illicit Sowing, Growing or Cultivating of Plant Containing Narcotics:

    1. Illicit sowing, growing or cultivating of plant containing narcotics,- shall be punishable by fine or by imprisonment for up to five years in length.

    2. The same action perpetrated: a) in large quantities; b) by a prior consent of a group; c) by using one’s official position; d) repeatedly; e) by the one who has previously committed one of the offenses referred to in this Chapter of the Code,- shall be punishable by prison sentences ranging from two to seven years in length.

    3. The action referred to in Paragraph 1 or 2 of this article, perpetrated: a) in especially large quantities; b) by an organized group,- shall be punishable be prison sentences ranging from five to ten years in length.

    Article 266- Setting up or Maintenance of Secret Laboratory for Production of Narcotics, Analogy or Precursor Thereof, Psychotropic Substance or Analogy Thereof:

    1. Setting up or maintenance of a secret laboratory for production of narcotics, analogy or precursor thereof, psychotropic substance or analogy thereof,- shall be punishable by corrective labour for up to two years in length or by imprisonment for up to three years in length.

    2. The same action perpetrated: a) by a group; b) by using one’s official position; c) by the one who has previously committed one of the offences referred to in this Chapter of the Code,- shall bear legal consequences of imprisonment for up to five years in length.

    Article 267- Preparation of False Receipt or Other Document for the Purpose of Using or Using Thereof in Order to Purchase Narcotics:

    1. Preparation of a false receipt or any other document for the purpose of using or using thereof in order to purchase narcotics,- shall be punishable by fine or by corrective labour for up to two years in length or by imprisonment for the term not in excess of three years.

    2. The same action perpetrated: a) repeatedly or aimed to render service to others; b) by using one’s official position,- shall be punishable by fine or by imprisonment for up to five years in length, by deprivation of the right to occupy a position or pursue a particular activity for the term not in excess of three years or without it.

    3. The action referred to in Paragraph 1 or 2 of this article perpetrated: a) in large quantities; b) by a prior consent by a group,- shall be punishable by imprisonment for up to eight years in length, by deprivation of the right to occupy a position or pursue a particular activity for the term not in excess of three years.

    Article 268- Preparation of False Receipt or Other Document for the Purpose of Using, or Using Thereof in Order to Purchase Psychotropic or Powerful Substance:

    1. Preparation of a false receipt or any other document for the purpose of using, or using thereof in order to purchase psychotropic or powerful substance,- shall be punishable by fine or by corrective labour for up to one year in length.

    2. The same action perpetrated: c) repeatedly or aimed to render service to others; d) by using one’s official position,- shall be punishable by fine or by imprisonment for up to two years in length, by deprivation of the right to occupy a position or pursue a particular activity for the term not in excess of one year or without it.

    3. The action referred to in Paragraph 1 or 2 of this article perpetrated: c) in large quantities; d) by a prior consent by a group,- shall be punishable by imprisonment for up to five years in length, by deprivation of the right to occupy a position or pursue a particular activity for the term not in excess of three years.

    Article 269. Violation of Rule on Preparation, Production, Receiving, Registration, Giving, Keeping, Shipment, Transfer or Import Narcotics or Precursor:

    1. Violation of the rule on the preparation, production, receiving, registration, giving, keeping, shipment, transfer or importing of any narcotics or precursor that has given rise to its illegal distribution,- shall be punishable by fine or by imprisonment for up to three years in length, by deprivation of the right to occupy a position or pursue a particular activity for the term not in excess of three years or without it.

    2. The same action that has given rise to an illicit distribution of narcotics or precursor, or to any other grave consequence,- shall be punishable by imprisonment for up to five years in length or by deprivation of the right to occupy a position or pursue a particular activity for the term not in excess of three years.

    Article 270. Violation of Rule on Preparation, Production, Receiving, Registration, Giving, Keeping, Shipment, Transfer or Import Psychotropic or Powerful Substance:

    1. Violation of rule on preparation, production, receiving, registration, giving, keeping, shipment, transfer or import of any psychotropic or powerful substance that has given rise to its illegal distribution,- shall be punishable by fine or by corrective labour for up to one year in length, by deprivation of the right to occupy a position or pursue a particular activity or without it.

    2. The same action that has given rise to an illicit distribution of any psychotropic or powerful substance, or to any other grave consequence,- shall be punishable by fine or by corrective labour up to two in length, or by imprisonment similar in length, by deprivation of the right to occupy a position or pursue a particular activity for the term not in excess of three years.

    Article 271- Allocation of House or Other Place for Abuse of Narcotics, Its Analogy, Psychotropic Substance, Its Analogy:

    1. Allocation of house or other place for abuse of narcotics, its analogy, psychotropic substance, its analogy,- shall be punishable by fine or by imprisonment up to three years in length.

    2. The same action perpetrated: a) repeatedly; b) for mercenary purposes; c) against a minor or the one who is going through a disintoxication therapy course,- shall carry legal consequence of imprisonment up to five years in length.

    3. Setting up of a special place for the abuse of narcotics, its analogy, a psychotropic substance, its analogy, or arranging for the abuse of such substances in such place,- shall be punishable by prison sentences ranging from three to six years in length.

    4. The action referred to in Paragraph 3 of this Article, perpetrated: a) by a organized group; b) repeatedly,- shall be punishable by prison sentences ranging from five to ten years in length.

    Article 272 -Persuasion into Abusing Narcotics, its Analogy, Psychotropic Substance, Its Analogy:

    1. Persuasion into abusing narcotics, its analogy, psychotropic substance, its analogy,- shall be punishable by fine or by imprisonment up to three years in length.

    2. The same action perpetrated: a) repeatedly; b) against two or more persons or a minor,- shall bear legal consequences of imprisonment up to ten years in length.

    Article 273- Illegal Preparation Purchase, Keeping of Small Quantities of Narcotics, Its Analogy or Precursor for Personal Use or Their Use without Doctor’s Prescription:

    Illegal preparation purchase, keeping of small quantities of narcotics, its analogy or precursor for personal use or their use without doctor’s prescription, perpetrated after awarding an administrative sentence for such practice,- shall be punishable by fine or by socially useful labour from one hundred and twenty to one hundred and eighty hours in length, or by jail time up to three months or by imprisonment for the term not in excess of one year.

    Article 274- Evasion of Coercive Treatment:

    Maliciously evading coercive treatment in a special medical-prophylactic institution by a drug-abuser,- shall bear legal consequences of imprisonment for up to one year in length.

     
     
     

    Comment

    Please note that this law is not from an official source.
    Please note this is an unofficial translation.