Abkhazia’s top court treats cannabis gifts as supply and limits death sentences

Abkhazia’s Supreme Court told judges on 17 October 2025 that drug supply included gifts, exchanges, loans and payment of debts. Its wider guidance also required proper evidence, protected legal assistance during accusatory questioning and barred life or death sentences where mitigating circumstances existed.^[1]

Giving cannabis away counted as supply

The court defined supply to cover transfers for payment or free of charge. It said the ordinary supply offence applied regardless of quantity where the amount did not fall into a larger tier.^[1]

For people sharing cannabis, that interpretation placed a gift within the criminal supply rules. The code’s ordinary supply offence carried five to eight years in prison and a fine, with more severe tiers for aggravated cases.^[2]

Judges also had to assess alleged intent to supply individually. The guidance identified possible evidence such as packaging, weighing equipment, quantities and arrangements with buyers, while requiring consideration of the particular case.^[1]

Evidence had to support the allegation

The court said that identifying a drug, its amount and its properties required expert or specialist knowledge. The relevant conclusions had to comply with criminal procedure and forensic-examination rules.^[1]

It also warned that drugs not seized lawfully and properly examined could not become the subject of a trial merely because the accused had confessed. Those instructions put limits on how admissions and investigative material could support a conviction.^[1]

Questioning could trigger defence rights

Where a detained person was questioned to obtain incriminating facts and admitted an offence, constitutional protections applied, including access to qualified legal assistance and the right not to incriminate oneself. Administratively detained people also had a specific protection: questioning them about other investigative material or criminal cases required a lawyer.^[1]

The guidance also addressed covert investigations and test purchases, requiring lawful authorisation and compliance with the rules governing investigative operations.^[1]

Mitigation limited the harshest sentences

The capital drug-penalty rules allowed life or death in the most serious supply and import cases. The court expressly prohibited either sentence where mitigating circumstances existed and explained further reductions in specified cooperation cases.^[1][2]

It replaced earlier drug-case guidance from 2011 and 2012. The new instructions therefore covered both the meaning of offences and safeguards in investigation, trial and sentencing.^[1]

For users, a separate 2023 reform had already set three days’ arrest for non-prescribed cannabis or hashish use.^[3] The Abkhazia profile explains how use, possession, growing and supply remain distinct.