MERE MARIJUANA CULTIVATION DOES NOT INVOLVE DRUG TRAFFICKING

Referring to what happened in a court of San Sebastian, we come to bring to the attention from TOSCANOLEX,a more than present issue, regarding the trafficking of marijuana drugs.

The above-mentioned courthouse proceeded to acquit a man who had fourteen marijuana plants planted on land adjacent to the hamlet in which he resided.

It was understood that the “mere cultivation” of this vegetable “does not assume” that its “product” is “preordained to the traffic” of narcotics.

The judgment of the case before us, contemplates the possibility that in this case marijuana could be destined for the “self-consumption” of the accused or “also to shared consumption”.


So, pursuit of the principle “in dubio pro reo” absolves you of the crime against public health”
.

The court ruling explains that the inhabitants of the hamlet “voluntarily facilitated entry” to the policemen and “collaborated” with them. After what, the next day, other policemen came to seize the plants. The plants “yielded a total weight of 2.25 kilograms of cannabis-marijuana.

DURING THE HEARING OF THESE EVENTS, THE DEFENDANT CLAIMED THAT MARIJUANA “WAS FOR SELF-CONSUMPTION” AS WELL AS FOR “SHARED CONSUMPTION” WITH HIS BROTHER.

Without, as the judgment reports, “there is evidence that narcotics trafficking was carried out in the hamlet, such as a constant drip of people in and out of thehouse.”

The letter also recalls that “no scales, no sachets were found at home to supply, no mechanism or tooling intended for the cultivation, drying or marketing of narcotic substances”.

The specific resolution also that the fourteen plants “received natural light, not artificial”,. As well as they were located next to the access door to the house.

So in a nutshell, the only incriminating indication is the amount of marijuana found, 2.25 kilos.

“There is no other evidence to prove that the defendant carried out narcotics trafficking,” as the judicial letter insists.

From TOSCANOLEX, we are at your disposal to advise you and fill any doubts that may arise regarding crimes against public health. Do not hesitate to contact us.

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