Cultivation Of Up To Twenty Root Hemp Plants Remains Within The Scope Of Personal Use

14 Nov Cultivation Of Up To Twenty Root Hemp Plants Remains Within The Scope Of Personal Use

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T.C. Supreme Court 10. Department Of The Penal Code No: 2011/26440, Decision No: 2017/317, D. Date: 3.2.2017

Crime: planting hemp

Date Of Crime: 07/06/2005
Sentence : conviction for growing plants that give rise to the effect of drugs or stimulants for use by him
Appellant : defence of the accused

File’s been reviewed.
AS NECESSARY, DISCUSSED AND CONSIDERED :
Since it is understood that the proceedings are carried out in accordance with the law, that the evidence is shown and discussed in the reasoned decision, that the action is determined to have been carried out by the defendant, that his conscientious blood is based on precise data in accordance with the documents and information in the file; the rejection of other appeals that are not seen in place, but;
1-planted in the garden as the defendant’s House and seized bleary bottoms, hoeing and thinning operations, ranging from 10-40 cm in length made up of a total of 106 root, hemp, ripe for the personal use of marijuana that may be obtained when more than the required amount will be according to the general practice of our apartment, any other evidence may be considered within the scope of personal use of cannabis or 20 sewn Root, therefore the actual law which are in effect on the date of the crime 2313 23. 191 of the TCK, without regard to the fact that it constitutes the crime of “planting hemp to obtain marijuana”, organized in the last paragraph of the article. Article 1. establishment of a provision for the crime of “growing plants that give rise to the effect of drugs or stimulants for use by themselves” contained in the paragraph and extracted from the text by law 5377,
2-by admission;
According to Article 23/last of the Law No. 2313 on the Murakabah of narcotic substances, which was repealed by Law No. 5377 published in the Official Gazette dated 08.07.2005 after the date of the crime, 191 of the TCK, which is in force as of the date of the decision and in favor of the defendant. Article 1. in accordance with the second sentence of Paragraph 1. 191 of TCK 5237, which has the opportunity to apply only to persons who use or purchase, accept or possess drugs or stimulants for use. pp. 2-5. decision to apply the treatment and probation measures provided for in the paragraphs,

Contrary to the law, since the appeals of the defendant’s defense are therefore in place, the violation of the sentence was unanimously decided on 03/02/2017.