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HIV Positive Fined for Efavirenz

September 19, 2010
Drug Policy Georgia

An HIV positive fined taking drug Efavirenz. The city administrative court, and then upheld by the city appellate court of Georgia delivered the decision that the person perpetrated administrative misdemeanor while tested for illicit drug use.  

The police suspected this person on the basis of his appearance and was taken for the test. The result of testing for illicit drug use proved the positive for marijuana. He was taken to the court and fined 500 Georgian Lari according to the article 45 of the administrative delinquency code. Article 45 of the code provides: Illegal acquisition or possession small amount of drugs without a purpose of distribution, and/or their use without doctorís prescription, - will lead to a fine of 500 GEL or, in exclusive cases, according to the circumstances of a case and personal characteristics of an offender when this measure is considered insufficient, - with administrative imprisonment up to 30 days.

The person appealed to the administrative chamber of the city appellate court but no avail. He claimed in his application that for many years have been suffered with incurable disease and everyday taken specific drugs under the supervision of a doctor and didnít use marijuana. The appellant wrote in his application that drug Efavirenz sometimes have a false positive for marijuana as a result of testing for illicit drug use. He also attached a letter from the HIV/AIDS centre to his application. The letter signed by a doctor used as evidence confirmed the applicantís arguments.

The judge from administrative chamber of city appellate court, delivering the decision without an oral hearing noted that the drug Efavirenz might have false positive for marijuana as a result of testing for illicit drug use but on the one hand the test is positive and on the other hand during the first instance court hearing the appellant confirmed that he perpetrated administrative misdemeanor according to the article 45 of the law and this confirmation is included in the courtís protocol. The courtís decision is final.   

The person who was supported with a lawyerís service states that while he was taken for the test he didnít know about the false results but later recalled he heard about such case. Finally for more information he went to the AIDS centre.                

Efavirenz is among one of the HIV medications used in antiretroviral treatment in Georgia. Some antiretroviral treatment provided since 1996. Since December 2004, Georgia has ensured universal access to treatment for all people registered as living with HIV/AIDS.

 
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