On New Psychoactive Substances

LAW OF GEORGIA

ON NEW PSYCHOACTIVE SUBSTANCES

Article 1 - Purpose of the Law

The purpose of this Law is to avoid potential threats to the health of the population related to the distribution of new psychoactive substances, to prevent the illegal circulation of new psychoactive substances and to ensure the coordinated work of respective responsible agencies.

Article 2 - Scope of the Law

1. This Law shall apply to

a) new psychoactive substances which are not determined by the Single Convention on Narcotic Drugs of 1961 and the United Nations Convention on Psychotropic Substances of 1971;

b) substances which do not fall within the category of substances subject to special control and which are determined by the Single Convention on Narcotic Drugs of 1961 and the United Nations Convention on Psychotropic Substances of 1971.

2. This Law shall not apply to:

a) the circulation of pharmaceutical products determined by the legislation of Georgia;

b) substances under special control.

Law of Georgia No 2119 of 4 April 2018 – website, 19.4.2018

Article 3 - Definition of terms used in the Law

For the purposes of this Law, the terms used herein have the following meanings:

a) new psychoactive substance - a substance or admixture determined by annexes to this Law, whose consumption may exert a psychoactive effect on the human body;

b) psychoactive effect – a disorder of the central nervous system accompanied by changes in perception, mood, consciousness, cognition and behaviour;

c) substance - a natural or a synthetically manufactured chemical compound;

d) admixture - a mixture or a solution which contains one or more new psychoactive substances;

e) reasonable grounds to believe - a fact and/or information that would be sufficient for an objective observer to make a conclusion taking the circumstances into consideration.

Article 4 - Prohibition of illegal circulation of new psychoactive substances

1. The illegal manufacturing, production, purchase, storage, transportation, transfer, marketing, illegal bringing into Georgia, illegal taking out of Georgia, or international transit of new psychoactive substances shall be prohibited.

2. The use, bringing into or taking out of Georgia of new psychoactive substances shall be permitted for carrying out training, scientific research, expert examination and forensic activities.

3. For carrying out training, scientific research, expert examination and forensic activities, the rule established for permits for narcotic drugs strictly limited for circulation shall apply to permits for the use, bringing into or taking out of Georgia of new psychoactive substances.

4. The illegal circulation of new psychoactive substances shall entail liability established by law.

Article 5 - Respective application of different norms to new psychoactive substances

Articles 14 and 32 and Chapters V-VI of the Law of Georgia on Narcotic Drugs, Psychotropic Substances and Precursors, and Narcological Assistance shall respectively apply to new psychoactive substances.

Article 6 - State commission for facilitating the prevention of the circulation of new psychoactive substances

A state commission for facilitating the prevention of the circulation of new psychoactive substances shall be established, which shall be composed of representatives of the Ministry of Internal Affairs of Georgia, the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia, and the Ministry of Finance of Georgia. The statute of the mentioned state commission shall be approved by a joint order of the Minister of Internal Affairs of Georgia, the Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia, and the Minister of Finance of Georgia.

Law of Georgia No 3058 of 5 July 2018 – website, 11.7.2018

Article 7 - Powers of the state commission for facilitating the prevention of the circulation of new psychoactive substances

1. The state commission for facilitating the prevention of the circulation of new psychoactive substances shall:

a) observe the circulation of different chemical compounds in the market which contain a potential threat;

b) assess and analyse risks related to new psychoactive substances taking into consideration international experience;

c) prepare proposals for the Government of Georgia to initiate the inclusion of new psychoactive substances and classes of chemical compounds of new psychoactive substances in the annexes to this Law;

d) publish quarterly and annual reports on the existing situation in Georgia related to new psychoactive substances.

2. The state commission for facilitating the prevention of the circulation of new psychoactive substances shall be authorised to prepare proposals to initiate the inclusion of new psychoactive substances in the annexes to this Law if:

a) there are reasonable grounds to believe that certain chemical compounds in particular circles of the population were abused for causing narcotic intoxication;

b) their consumption, according to the experience of scientists, relevant state bodies and international organisations, poses a threat to the life or health of consumers or it is impossible to exclude such a threat.

3. The state commission for facilitating the prevention of the circulation of new psychoactive substances shall be authorised to prepare proposals to initiate the inclusion of classes of chemical compounds of new psychoactive substances in the annexes to this Law if taking the same measure for preventing the circulation of certain new psychoactive substances and, accordingly, for preventing a potential threat to the life or health of consumers, is less effective.

Article 8 - Classes of chemical compounds of new psychoactive substances

The inclusion of classes of chemical compounds of new psychoactive substances in the annexes to this Law does not contradict the existence of those compounds in these classes:

a) which cannot produce a psychoactive effect or may produce a negligible psychoactive effect;

b) to which, as substances or pharmaceutical products under special control, a respective legal regime applies.

Article 9 - Transitional provisions

1. The Minister of Internal Affairs of Georgia, the Minister of Labour, Health and Social Affairs of Georgia and the Minister of Finance of Georgia shall ensure the issuance and enactment of a joint order on establishing a state commission for facilitating the prevention of the circulation of new psychoactive substances and the approval of its statute before 15 May 2014.

2. The Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia shall ensure the determination of the obligation to dispense those pharmaceutical products on prescription whose one or more substances fall within the class of chemical compounds of new psychoactive substances determined by Annex No 2 to this Law but at the same time are not subject to dispensing on prescription.

3. Article 2(1)(b) of this Law shall be applicable until the substances provided for by the same sub-paragraph are included in Annex No 1 to the Law of Georgia on Narcotic Drugs, Psychotropic Substances and Precursors, and Narcological Assistance.

Law of Georgia No 2119 of 4 April 2018 – website, 19.4.2018

Law of Georgia No 3058 of 5 July 2018 – website, 11.7.2018

Article 10 - Final provision

This Law shall enter into force on 1 May 2014.

President of Georgia                                                                                                                         Giorgi Margvelashvili

Kutaisi

16 April 2014

No 2234-IIს