Cannabis and Marijuana-Related Offenses in Georgia: A Legal Guide (2025 Update)
The legal approach to cannabis and marijuana in Georgia has undergone significant changes over the past decade. While the 2015 Constitutional Court decision marked a step toward liberalization, the regulatory amendments adopted in 2025 have introduced stricter policies. This guide outlines the current legal framework governing cannabis use, possession, and distribution in Georgia.
Legislative Changes in 2025
In 2025, Article 273¹ of the Criminal Code of Georgia—previously regulating marijuana-related offenses separately—was repealed. These matters are now governed entirely by Article 260, which classifies marijuana as a controlled narcotic substance. The revised law imposes stricter liability based on quantity and type of conduct (possession, distribution, cultivation, etc.).
Administrative Offenses
The unlawful acquisition, possession, transportation, transfer, use, or intoxication by a small quantity of marijuana remains an administrative offense under Article 45¹ of the Code of Administrative Offenses. As of 2025, the following apply:
- Small quantity: Up to 5g dried marijuana or up to 10g in raw (plant) form
- Sanctions: Fine ranging from 500 to 2,000 GEL
Use of a small quantity of marijuana on private property is not considered an administrative offense. However, use in any other location remains punishable. Moreover, the acquisition and possession of even a small quantity is also an administrative offense. Therefore, even if consumption occurs on private property, the authorities may still question the origin of the substance, leading to liability for acquisition or possession.
Additional sanctions include up to five-year disqualification from driving, legal practice, public service, or teaching/educational activities.
It is also punishable to perform work duties or be present in spaces intended for minors while under the influence of marijuana. Refusal to undergo a drug test is an administrative offense and carries the same penalties. While refusal does not apply directly to marijuana testing under the law, in practice, it is difficult to distinguish whether a person used marijuana or another prohibited substance in such cases.
Repeat Offenses Involving Small Quantities
According to the 2025 draft legislation, the unlawful acquisition, possession, transportation, or transfer of up to:
- 10g of cannabis (plant form),
- 5g of dried marijuana, or
- 10g of raw marijuana
results in administrative liability for a first offense, but upon repetition, the same acts may result in:
- A fine, or
- Community service, or
- Up to one year of imprisonment.
However, this change has not yet been formally incorporated into the Criminal Code. Article 260, paragraph 1, of the Criminal Code prescribes up to 6 years of imprisonment for the unlawful acquisition or possession of cannabis or marijuana, without specifying a minimum quantity.
As a result, under the current legislation, possession of up to 70g of dried marijuana qualifies for criminal liability under Article 260. Nonetheless, since the Code of Administrative Offenses separately provides for administrative liability for the acquisition and possession of small quantities, it is generally expected that first-time offenses involving small amounts will be handled administratively, and repeat offenses may lead to criminal prosecution.
Overall, the current legislative framework is vague and requires more clarity. Without it, law enforcement authorities retain wide discretion in determining how to proceed in individual cases.
Criminal Liability
Article 260 of the Criminal Code of Georgia provides for the following penalties:
- Up to 70g dried marijuana: Up to 6 years of imprisonment
- 70–250g: 5 to 8 years of imprisonment
- More than 250g: 8 to 20 years or life imprisonment
The unlawful sowing, cultivation, or growing of narcotic-containing plants is punishable under Article 265¹ of the Criminal Code by:
- A fine, or
- 200–400 hours of community service, or
- 6 months to 2 years of home detention, or
- 2 to 6 years of imprisonment
Although personal use of marijuana has been decriminalized in certain situations, other marijuana-derived products (e.g., oils, extracts, THC isomers) remain classified as narcotic substances and result in criminal liability regardless of the dosage or intended use.
How Our Law Firm Can Help
We offer:
- Strategic legal defense in both administrative and criminal proceedings
- Representation in drug testing disputes and driver’s license revocation
- Legal consultation on quantity thresholds and controlled substances
