Classification begins with the seized material and the laboratory record
A small-quantity case can change legal route if the substance, weight, preparation, packaging or alleged purpose is recorded incorrectly. The physical evidence and chain of custody should be examined before relying on the first police description.
Article 45 concerns illegal purchase or storage of a small quantity of a narcotic drug without an intent to sell and/or use without a doctor’s prescription, subject to the current exclusions and connected provisions in the Code. Cannabis and marijuana conduct may fall under the separate Article 45¹ framework, so the cited article should never be assumed from everyday terminology.
Quantity is a statutory classification issue, not simply an investigator’s opinion. The defence file should identify gross and net measurements, the method used by the expert, the schedule entry applied to the substance and whether the authority attributes actual or constructive possession to the person.
Quantity and purpose can change the entire proceeding
Criminal Code Article 260 addresses illegal manufacture, production, purchase, storage, transportation, transfer or sale in criminal cases. Evidence said to show sale, distribution or another criminal form of conduct must be tested separately from the small-quantity administrative allegation.
Issues that should be fixed before the hearing
Identify the exact substance, schedule entry, quantity rule and laboratory conclusion
Test the legality and documentation of the stop, search, inspection and seizure
Determine who possessed or controlled the place, clothing, vehicle or container
Separate alleged personal use or storage from any claimed intent to sell or transfer
Drug-case material to obtain and preserve
- Search, inspection, arrest and seizure reports with signatures and timestamps
- Photographs, packaging, seals, sample identifiers and property inventory
- Laboratory report, underlying measurements and chain-of-custody record
- Body-camera, CCTV and witness evidence concerning discovery and handling
- Prescription, medical and toxicology records where use is alleged
- Phone, payment or communication evidence relied upon to allege sale or transfer
Search legality, possession and voluntary action
A person’s presence near a substance does not answer who possessed it. The location of discovery, access by others, fingerprints or DNA where relevant, surveillance and the consistency of officer accounts may all matter. If consent to inspection is alleged, the wording, language and circumstances of that consent should be examined.
The Code contains specific treatment of qualifying voluntary surrender and voluntary requests for medical assistance. These routes are fact- and timing-sensitive; they should be assessed from the current provision before a person gives an explanation or takes action based on an assumption about relief.
Provisions and connected classifications
Small quantity or use without prescription
Substance, statutory quantity, alleged possession or use and absence of an intent to sell are central.
Read the Article 45 scopeCannabis plant and marijuana
Cannabis and marijuana have a separate administrative structure; the applicable act and quantity must be identified.
Open current CodeCriminal drug allegation
Manufacture, purchase, storage, transport, transfer or sale may enter a criminal classification depending on the facts and law.
Read drug-crime guideArticle 45 — confirm substance and legal quantity
Drug legislation is particularly sensitive to amendments, Constitutional Court rulings and substance-specific quantity schedules. The panel states the core statutory route; the operative Georgian text and related drug schedule must be checked for the case date.
Article 45Illegal purchase or storage of a small quantity without intent to sell and/or use without prescription+
The article addresses illegal purchase or storage of a small quantity of a narcotic drug without an intent to sell and/or use of a narcotic drug without a doctor’s prescription, subject to the current statutory exclusions.
The applicable substance, quantity schedule, alleged act, purpose and any voluntary-surrender or medical-assistance rule must be verified from the operative consolidated law.
Open the current consolidated Code on Matsne↗︎Article parts, sanctions and procedural routes can be amended. The current Georgian consolidated text and the document served in the case control.
How representation is organised
Primary sources for this guide
Reviewed on 27 August 2026. Administrative sanctions and procedures are amended regularly, and an official English publication may lag behind the operative Georgian text. Verify the cited part, authority and service record before acting.
Administrative Offences Code of Georgia — current consolidated record↗︎Criminal Code of Georgia — Article 260 boundary↗︎Criminal Procedure Code of Georgia — if a criminal investigation begins↗︎