The Supreme Court of Georgia ruled that the use of cannabis does not endanger public health and therefore will not be considered a violation of the law. This ruling reinforces the partial non-incrimination that exists in the country and henceforth will not impose fines and administrative penalties on consumers, in addition to the cancellation of all criminal cases on the use of cannabis that were open to this day. A step and a half to legalization.
At the end of last year, the state of Georgia celebrated the start of incrimination after a Supreme Court ruling that self-use and home-grown cannabis would become non-criminal offenses, and is now taking another step toward legalization. The state's Supreme Court ruled in a lawsuit by an organization of Cannabis activists demanding that the legal definition of the use of cannabis, which is still considered an offense and could lead to a fine or administrative registration, be changed.
In the lawsuit, the two activists, headed by two medical cannabis patients, claimed that there was no legal justification for using cannabis as a violation of the law, regardless of the type of offense, because it does not endanger public health or any other value other than Consumer health itself, and as such it should be considered as a legitimate leisure activity.
The court ruled: half for legalization
A team of four justices who heard the prosecution and the State Prosecutor's counter-claims, according to which there are several studies that showed that cannabis may endanger people in the immediate vicinity of the user, stated that cannabis is indeed recreational activity that does not cause environmental damage of any kind. "According to the plaintiffs, the use of marijuana is not an act that endangers society," the judges concluded in their ruling, according to a report by the local media. "This action can endanger the user himself, thereby taking personal responsibility for his actions, but the act does not endanger others, and therefore his operation can not be held responsible for the offense. "However, the judges added that there could still be criminal liability for the use of cannabis that poses a danger to society - for example, in the case of cannabis use in public education or public transport, or alternatively, cannabis in the presence of children.
The extension of the ruling is the immediate abolition of all types of offenses (other than trafficking) linked to cannabis, as well as the retroactive elimination of all criminal cases and administrative fines that have been imposed in the country following the use of cannabis. Also, from now on, the police will not be allowed to carry out enforcement activities against cannabis consumers in the domestic space or in open public areas, unless such incidents combine other criminal offenses such as possessing weapons, the use of violence or the consumption of illegal drugs. In addition, the ruling takes the right of the enforcement authorities to give fines to cannabis consumers, and now prohibits the imposition of penalties of any kind in cases of cannabis self-use. We all welcome the excellent decision of the Constitutional Court, through which Georgia is becoming a more free and just country, in a summary of the celebrations held after the court's decision. "Because the court has denied the administration the right to criminal or administrative punishment against cannabis consumers, cannabis consumption has now become a legal act."It is important to note that the new definition of cannabis as a "leisure product" is not equivalent to full legalization, and it is still forbidden to buy or sell cannabis anywhere in the country, but it is certainly a major positive step towards the establishment of a legal cannabis market and one of the most permissive models of non-incrimination forever.