Russia's Law And Griner: What's The Real Deal?

In February 2022, American basketball star Brittney Griner was arrested at a Moscow airport after Russian authorities found vape cartridges containing cannabis oil in her luggage. Griner, a two-time Olympic gold medalist, was playing for a Russian basketball team during the WNBA off-season to supplement her income. She pleaded guilty to drug charges but maintained that she had no intent to break Russian law. Griner was sentenced to nine years in prison and was eventually released in December 2022 as part of a prisoner swap between the United States and Russia.

Brittney Griner's intentions

Brittney Griner is an American professional basketball player for the Phoenix Mercury of the Women's National Basketball Association (WNBA). She is a three-time Olympic gold medalist and a six-time WNBA All-Star. In February 2022, Griner was detained and arrested on smuggling charges by Russian customs officials after cartridges containing less than a gram of medically prescribed hash oil, illegal in Russia, were found in her luggage.

Griner has stated that she had no intention to break Russian law. In her trial, she pleaded guilty to the charges but said, "I did not conspire or plan to commit this crime." She also apologised to her WNBA and Russian teams, as well as her fans. Griner expressed her desire for any political discussions surrounding her case not to be a factor and that she hoped any talk about politics and her being used as a "political pawn" would be kept far from the courtroom.

Griner has said that she was stressed and rushed while packing and was recovering from a recent COVID-19 diagnosis that required her to take a test before getting on a plane. She also testified that she did not receive access to a lawyer and was made to sign documents without being told what they meant. She further stated that the translation services offered to her during her detention in Russia were "inadequate".

Griner's lawyers argued that she was allowed to use marijuana for pain and that medical cannabis is a popular treatment among athletes. They also submitted the results of her anti-doping tests, which showed no signs of illegal substances in her system.

Russian law on cannabis

Cannabis laws in Russia are strict and possession, sale, and growth of the substance are all illegal. The country's Criminal Code, Article 228, outlines that possession or use of cannabis is punishable by fines and/or prison sentences. Since 2012, penalties can be deferred if the offender is found to have a drug problem. Possession of up to six grams is considered an administrative offence, while amounts above seven grams are treated as a criminal offence.

For 'large-scale' possession, which is defined as at least 100 grams, the following punishments may be given:

• A fine of up to 40,000 roubles
• The equivalent of three months' wages/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 a prison sentence

The penalties for 'especially large-scale' possession are increased:

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

If an individual willingly hands over the cannabis to the authorities and actively contributes to uncovering and suppressing drug-related activities, they may avoid penalties. However, the acquittal rate for offenders is only 0.1%, with most people being sentenced to three years in prison.

Selling cannabis is also treated as a serious offence in Russia. Offenders caught selling cannabis or other drugs will be deprived of liberty for four to eight years, with an additional restriction of liberty for up to one year. 'Large-scale' selling, particularly when carried out as part of a group, increases the prison term to five to twelve years and may be accompanied by a fine of up to 500,000 roubles (or three years' salary).

If the sale is conducted on an 'especially large scale', or the offender is part of an organised gang or is selling through an official position, the sentence is further elevated to eight to twenty years in prison. Additional consequences may include the right to work in certain roles or engage in specific activities being removed, as well as a fine of one million roubles (or five years' salary).

Growing cannabis in Russia is also illegal, with the same sentences applied as for sale. Even small numbers of plants can result in hefty prison sentences. However, there have been some indications that this law may be relaxed for pharmaceutical purposes, with a bill permitting the cultivation of cannabis for medical research under consideration.

All cannabis products are illegal in Russia, regardless of their THC content. This includes CBD products, which individuals are prohibited from possessing, selling, or buying. Cannabis seeds are also illegal and cannot be sent into the country via mail.

Russia currently has no medicinal cannabis programme, and the government has not expressed any intention to introduce one. However, the country's health ministry has stated its interest in importing cannabis for medical research.

The Russian government, led by President Vladimir Putin, has consistently taken an anti-cannabis stance. Putin has criticised countries that have legalised the drug and has expressed a desire to censor aspects of Russian life to curb cannabis use, including suggesting control over rap music due to some tracks referencing drug use.

Despite the strict laws and severe penalties, drug use and trafficking remain issues in Russia, with an estimated 7.3 to 8.5 million drug users in the country. Russia has the highest number of people incarcerated for drug offences in Europe (per capita), and most of these are related to cannabis possession.

Vape cartridges legality

In February 2022, American basketball star Brittney Griner was arrested at a Moscow airport after Russian authorities found vape cartridges containing cannabis oil in her luggage. Griner was travelling to Russia to play basketball in the off-season.

In Russia, marijuana is illegal for recreational and medical purposes. The vape cartridges Griner was carrying did not comply with Russian law. Griner pleaded guilty to the charges, but maintained that she had no intention of breaking the law. She faces up to 10 years in prison on the charge of large-scale transportation of drugs.

The legality of vape cartridges varies by jurisdiction. In the United States, for example, marijuana is illegal at the federal level, but some states have legalized it for adult use. In Russia, however, marijuana is illegal for any purpose. This means that travelling with vape cartridges containing cannabis oil, as Griner did, is illegal and can result in serious penalties, including imprisonment.

It is important to note that the laws and regulations regarding vape cartridges can vary from country to country. While some countries may allow the use and possession of vape cartridges containing cannabis oil for medical or recreational purposes, others, like Russia, have strict laws prohibiting them. It is essential to be aware of the local laws and regulations when travelling with any substance that may be considered illegal.

Griner's defence

Brittney Griner, a two-time Olympic gold medalist and WNBA star, was detained in Russia for allegedly carrying a marijuana concentrate in her luggage. Griner was returning to play for her Russian team, UMMC Ekaterinburg, during the WNBA off-season, as several other U.S. players do to boost their income.

Griner admitted to a drugs charge in a Russian court but denied intending to break the law. In her trial, she pleaded for leniency, saying, "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's defence team argued that the state-appointed forensic expert who examined the cartridges found in her luggage made some technical and procedural errors. They called another forensic expert, Dmitry Gladyshev, to testify on the stand, who said, "The examination does not comply with the law in terms of the completeness of the study and does not comply with the norms of the Code of Criminal Procedure."

Griner was sentenced to nine years in prison and fined 1,000,000 Russian rubles (just over $16,000). Her defence team filed an appeal, arguing that her punishment was excessive. After being transferred to a Russian penal colony, Griner was eventually released in a prisoner swap involving convicted Russian arms dealer Viktor Bout.

US response

The US State Department has insisted that Griner was unlawfully detained, despite her guilty plea. Supporters of Griner, including her family, US lawmakers, and the world of professional basketball, have called for her release, fearing that she is being used as a pawn in Russia's conflict with Ukraine.

US officials have been under intense pressure to return Griner home, possibly as part of a prisoner swap. Griner herself begged President Joe Biden in a letter to take all possible steps to facilitate her release.

In response, Biden offered his support to the Griner family, adding that his administration would "pursue every avenue" to bring Griner back to the United States. On July 5, 2022, the White House stated that Griner's guilty plea would have no impact on US negotiations to bring her home. Biden also spoke to Griner's wife, telling her that he was working to have the basketball star released "as soon as possible."

US officials and many athletes have called for Griner's release, arguing that she has been wrongfully detained. WNBA Commissioner Cathy Engelbert stated that the WNBA continues to work diligently with the US State Department, the White House, and other allies to bring Griner home safely and as soon as possible.

On December 8, 2022, the Joe Biden administration negotiated a one-for-one prisoner swap involving convicted Russian arms dealer Viktor Bout, securing Griner's release.

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