The Public Defender of Georgia is echoing the bill of amendments to the Law on Narcotic Drugs, Psychotropic Substances, Precursors, and Narcological Assistance initiated by the Government of Georgia in the Parliament of Georgia. The Public Defender considers that it is important the decision №1/4/592 of the Constitutional Court (made on October 24, 2015) to be implemented and systemic changes to be carried out in relation to the drug policy in compliance with the decision of the Constitutional Court.

According to the Public Defender, the proposed amendments are fragmented and cannot fundamentally change the country’s repressive drug policy. In addition, the changes only formally respond to the standard established by the Constitutional Court as they do not take into account the main aim of the decision of the Constitutional Court - unconstitutionality of the application of imprisonment for possession of certain amount of drugs for personal usage and danger of self-harm.

The Public Defender believes that the repressive drug policy should be replaced by more humane drug policy and more resources should be focused on rehabilitation and treatment of individuals instead of their punishment. Unfortunately, the proposed legislative package does not take into account this approach. The initiated bills do not concern the purchase-possession of other types of drugs, including the so-called synthetic drugs and psychotropic substances, for personal usage; the issue of minimum amounts of drugs is problematic and needs systemic revision.

The Public Defender considers that it is unjustified to apply the measure of imprisonment for the use of any drug and/or other psychotropic substances and/or purchase, storage and production of relatively small amount of drugs for personal usage.

The Public Defender appealed to the Constitutional Court with regard to the unconstitutionality of imprisonment for the use of drugs on June 15, 2016.

In this context it is important to mention the vicious practice of the so-called street drug testing, which has been repeatedly criticized by the Public Defender and the civil society. The Public Defender filed a suit with regard to the legality of the so-called street drug testing with the Constitutional Court on November 20, 2015.

Given all the abovementioned, the Public Defender calls on the Government and the Parliament to have a systemic approach to the issue and take effective steps in order to make the repressive drug policy more liberal and balanced.