Russia's Law And Griner: Right Or Wrong?

On February 17, 2022, American basketball star Brittney Griner was detained at a Russian airport. Officials claimed that her luggage contained vape cartridges with cannabis oil, a drug that was illegal in Russia. Griner was subsequently arrested and charged with drug smuggling. In her trial, Griner pleaded guilty, though she stated that the cannabis oil had been packed accidentally and that she had no intention of breaking Russian law. She was sentenced to nine years in a penal colony but was eventually released in December 2022 as part of a prisoner swap.

Brittney Griner's intentions

On February 17, 2022, Brittney Griner was detained at Sheremetyevo International Airport in Khimki, Russia, and later charged with illegal possession of cannabis. Griner, an American basketball player, had been travelling to Russia to play for the UMMC Ekaterinburg team during the WNBA off-season. She had played for the team since 2014.

Upon her arrival at the airport, Russian police found vape cartridges containing cannabis oil—a substance that is illegal in Russia—in her luggage. Griner was subsequently arrested and charged with drug possession and smuggling.

During her trial, Griner pleaded guilty to the charges but maintained that she had no intention of breaking Russian law. She claimed that the vape cartridges were included in her luggage unintentionally and that she was unaware of the strict drug laws in Russia. Griner's defence team presented evidence that she was using medicinal cannabis to treat chronic pain and injuries sustained during her basketball career. They also introduced a letter from her doctor recommending the use of medical cannabis.

Griner's closing statement emphasised her lack of intent to break Russian law. She stated, "I want to say again that I had no intent on breaking any Russian laws. I had no intent. I did not conspire or plan to commit this crime." Griner also apologised to her family, teammates, and fans, expressing her desire for any political discussions surrounding her case to remain separate from the courtroom.

Despite Griner's pleas, on August 4, 2022, she was convicted and sentenced to nine years in prison, along with a fine of 1 million rubles (approximately $16,700). This sentence was close to the maximum of 10 years that she faced under the charges.

The severity of the sentence and the political tensions between the US and Russia due to the Ukraine conflict led to increased pressure on the Biden administration to secure Griner's release. Eventually, on December 8, 2022, Griner was released as part of a prisoner exchange between the US and Russia. She was traded for Viktor Bout, a convicted Russian arms dealer serving a 25-year sentence in the US.

Russian law on cannabis

In Russia, it is illegal to possess, sell, or grow cannabis. The country's Criminal Code, Article 228, outlines that possession or use of the substance is illegal and punishable by fines and/or imprisonment. Possession of up to six grams is considered an administrative offence, while amounts exceeding seven grams are treated as a criminal offence.

The penalties for 'large-scale' possession include:

• A fine of up to 40,000 roubles
• The equivalent of three months' salary of the offender
• Compulsory work for up to 480 hours
• Corrective labour for up to two years
• Restriction or deprivation of liberty for up to three years, typically in the form of imprisonment

For 'especially large-scale' possession, the penalties are more severe:

• A fine of up to 500,000 roubles
• The equivalent of three years' salary of the offender
• Restriction or deprivation of liberty for three to ten years

If an individual willingly surrenders cannabis to the authorities and actively assists in uncovering and suppressing drug-related activities, they may be exempt from penalties. However, the acquittal rate for cannabis-related offences in Russia is extremely low, at 0.1%.

Selling cannabis is also illegal in Russia and is considered a serious offence. Those caught selling the substance face a deprivation of liberty for four to eight years, with a restriction of liberty for up to one year. 'Large-scale' selling or selling as part of a group can lead to a prison term of five to twelve years and a fine of up to 500,000 roubles (or three years' salary).

Cultivating cannabis is equally prohibited, with penalties mirroring those for selling. In June 2019, the Russian government indicated a potential shift in this stance by passing a bill permitting the cultivation of cannabis for pharmaceutical purposes, pending approval by the Federation Council and President Vladimir Putin.

All cannabis products, regardless of their THC content, are illegal in Russia. This includes CBD products, which cannot be possessed, sold, or purchased within the country. Cannabis seeds are also prohibited from being sent into Russia via mail or other means.

Russia currently lacks a medicinal cannabis programme, and the government has not expressed any intention to implement one in the future. However, the country's health ministry has stated its desire to import cannabis for medical research, specifically for studying drug addiction and isolating active ingredients.

Griner's guilty plea

On July 7, 2022, American basketball star Brittney Griner pleaded guilty to charges of drug possession and smuggling in a Russian court. Griner, a standout for the WNBA's Phoenix Mercury and a two-time Olympic gold medalist, was arrested in February at Moscow's Sheremetyevo Airport after vape canisters with cannabis oil were found in her luggage.

During the trial, Griner admitted to bringing the drugs into Russia but stated that she had no criminal intent. She claimed that the canisters were in her luggage because she had packed hastily. Griner's lawyers introduced evidence that she was using medicinal cannabis for chronic pain and injuries sustained during her basketball career. Griner was aware that cannabis oil was illegal in Russia and stated that she had no intention of breaking any Russian laws.

Griner's admission of guilt makes a conviction certain, but the trial may continue with additional sessions to conclude testimony. A conviction is usually a prerequisite for arranging a prisoner exchange and allows the defendant to apply for a presidential pardon. In this case, there has been speculation about a potential swap for prominent Russian arms dealer Viktor Bout, who is imprisoned in the United States.

While Griner's guilty plea may have raised hopes for a swift resolution to her detention, Russian courts often move slowly, and political tensions could further complicate a potential deal. Additionally, the fate of another American imprisoned in Russia on espionage charges, Paul Whelan, may be critical to securing Griner's release.

The role of politics

The case of Brittney Griner, a US basketball star, has been highly politicised since her arrest in February 2022. Griner was detained at a Russian airport when vape cartridges containing cannabis oil were found in her luggage. The substance was illegal in Russia, and Griner was charged with drug possession and smuggling. Griner pleaded guilty, but stated that the cannabis oil had been packed accidentally and that she had no intention of breaking Russian law.

The political nature of the case is evident in the intense attempts by US lawmakers and diplomats to secure Griner's release. The US State Department declared that Griner was being "wrongfully detained", a claim that was sharply rejected by Russia. The case occurred against the backdrop of soaring tensions between the US and Russia over the Ukraine conflict, and many saw Griner's detention as politically motivated.

Griner's case has become a subject of high-profile diplomacy between the two nations, with US President Joe Biden denouncing the verdict and sentence as "unacceptable" and calling for her immediate release. He also stated that the US would pursue every avenue to bring Griner back to the United States. The White House called the legal proceedings in Griner's case a "sham", and a top US diplomat who attended the hearing called the sentence "excessive and disproportionate".

The political implications of the case are further highlighted by the possibility of a prisoner exchange between the US and Russia. Reports suggest that negotiations involve the transfer of imprisoned Russian arms trafficker Viktor Bout, known as the "Merchant of Death", to Russian authorities in exchange for Griner's release.

Griner's supporters, including top athletes, have also emphasised the political nature of her detention. At the ESPY Awards, soccer player Megan Rapinoe referred to Griner as "a political prisoner", while tennis great Billie Jean King stated, "First, bring BG home". Griner's agent, Lindsay Colas, has consistently asserted that Griner "is being used as a political pawn" and is "being held in Russia simply because she is American".

Griner's release

On December 8, 2022, Brittney Griner was released from a Russian penal colony and returned to the United States. Griner, a two-time Olympic champion and WNBA star, had been detained in Russia since February 17, 2022, when vape cartridges containing cannabis oil were found in her luggage at a Moscow airport. Griner was convicted of drug possession and smuggling in August 2022 and sentenced to nine years in prison.

Despite pleading guilty, Griner maintained that she had no intention of breaking Russian law and that the cannabis oil was packed accidentally. She also faced challenges during her detention, including language barriers and inadequate access to U.S. Embassy officials.

Griner's case gained widespread attention, with many seeing her detainment as politically motivated due to the timing of her arrest, just before Russia's invasion of Ukraine. There were intense attempts by US lawmakers and diplomats to secure her release, and she became a central figure in high-profile diplomacy between the two countries.

Ultimately, Griner's release was achieved through a prisoner swap with Russia. She was exchanged for Viktor Bout, a Russian arms dealer serving a 25-year sentence in the United States.

Upon her release, Griner described the traumatic and dehumanizing conditions she endured during her incarceration, including a lack of basic hygiene supplies and being forced to work in harsh weather conditions. She also shared her experiences as a lesbian woman and an African American in a foreign prison system.

The negotiations for Griner's release involved high-level diplomatic efforts and the consideration of multiple factors, including the ongoing tensions between the United States and Russia, the potential for a prisoner exchange, and the need to ensure Griner's safety and well-being during her detention.

Frequently asked questions