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Other law 🇰🇬 Kyrgyzstan

Kyrgyzstan’s top court says cannabis gifts count as drug supply

The Supreme Court adopted guidance explaining that supplying drugs includes gifts, swaps, loans and repayment of debts as well as sales.[1] It told judges to distinguish personal possession from possession intended for supply, to use forensic evidence and to assess each drug’s quantity separately rather than add different drugs together.[1] The guidance replaced earlier court explanations from 2001 and 2008.[1]

The story

Kyrgyzstan’s Supreme Court adopted guidance on 7 November 2025 explaining that drug supply includes gifts, swaps, loans and debt repayments as well as sales. It also told judges to establish whether possession was intended for personal use or supply. That distinction determines whether a small amount can fall under administrative penalties.[1][2]

Passing cannabis on could count as supply

The court described supply as transferring drugs to another person either for payment or free of charge. It explained that transfer could happen directly or through arrangements such as telling a buyer where the drugs were hidden.[1]

Ordinary supply under the Criminal Code carries five to eight years in prison and confiscation. Aggravated offences carry longer terms. The guidance therefore matters to people giving cannabis away as well as people selling it.[1][3]

Judges had to examine intent and evidence

The court required attention to the purpose of acquiring or holding drugs. It identified possible evidence of supply intent, including packaging convenient for distribution, quantity and arrangements with consumers. These were matters to assess in the circumstances of the case.[1]

It also said the type and precise mass of a drug required forensic expertise. Records of a seizure should describe the circumstances, weighing method and sealed packages. The guidance connected the criminal classification with evidence about what was actually found.[1]

Different drugs were assessed separately

For possession without supply intent, the court said each drug’s amount should be assessed separately instead of adding different drugs together. Large and especially large quantities fell under different parts of the personal-possession offence.[1]

The cabinet’s later quantity table illustrates the importance of identifying the preparation. Dried marijuana has a small ceiling of 20 grams; dried resin has a three-gram ceiling. Their especially-large bands begin above 600 grams and 90 grams respectively.[4]

Small personal possession remained an administrative matter

The administrative system introduced by the replacement codes provides a fine of 200 calculated units or 40 hours of community work for small possession without intent to supply. Larger personal quantities can bring a criminal fine or imprisonment.[3][2]

The Supreme Court replaced earlier explanations from 2001 and 2008 and said the new resolution would take effect after official publication on its website. The country profile sets out the penalties and product-specific thresholds alongside this guidance on gifts and supply.[1]

Listed for context. No score change is recorded for Kyrgyzstan here.

References

  1. Kyrgyzstan Supreme Court — Plenum resolution on drug cases, 7 November 20252025 · Resolution 31, paragraphs 5–9, 16–17, 24, 36–40; original Russian ruling reproduced on the Kyrgyz-language catalogue pagearchived
  2. Kyrgyzstan — Code of Offences, consolidated through 9 October 20262026 · Ministry of Justice text reproduced by Zakon.kg; articles 96–97 and 127; 2025 amendment notes and future-commencement warning checkedarchived
  3. Kyrgyzstan — Criminal Code, consolidated through 24 July 20262026 · Ministry of Justice text reproduced by Zakon.kg; articles 282–283, 287–288 and 290; amendment notes checkedarchived
  4. Kyrgyzstan — quantity criteria, annex 3 to Resolution 1522026 · Edition of 14 August 2026; narcotics rows 52–56; small/large/especially-large column headings and inclusive endpoints

Checked. The date and the event were compared with a source that was read.

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