15 Mar PLANTING TWENTY ROOT CANNABIS PLANTS IS CONSIDERED PERSONAL USE – SUPREME COURT DECISION
T.C. Supreme Court 10. Criminal Department Base No: 2011/26440, Decision No:2017/317, Decision. Date:3.2.2017
Crime : Planting canabis
Date of Offense : 07/06/2005
Sentence : Conviction for growing plants that produce the effect of drugs or stimulants for use by him
The Appellant : The defendant’s defense
The file has been reviewed.
IT WAS DISCUSSED AND CONSIDERED AS NECESSARY :
Since it is understood that the proceedings in the trial process are conducted in accordance with the law, the evidence is shown and discussed in the reasoned decision, it is determined that the act was committed by the defendant, the evidence of conscience is based on accurate data in accordance with the documents and information contained in the file; rejection of other appeals that are not considered on the spot, but;
1-House of seized as the defendant’s planted in the garden, bottoms bleary, hoeing and thinning operations ranging from 10-40 CM in length made 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, or 20 any other evidence may be considered within the scope of personal use of cannabis sewn Root, therefore the actual law which are in effect on the date of the crime of 2313 23. 191 of the Turkish Commercial Code, without regard to the fact that it constitutes the crime of “planting hemp to obtain marijuana” regulated in the last paragraph of its article. article 1. establishment of a provision for the crime of “growing plants that produce the effect of drugs or stimulants for use by oneself” contained in the paragraph and removed from the text by Law No. 5377,
2-According to the acceptance;
According to Article 23 / last of the Law No. 2313 on the Release of Narcotic Substances, repealed by Law No. 5377, published in the Official Gazette dated 08.07.2005 after the date of the crime, on the defendant who grows plants that have a narcotic or stimulant effect for use by him, the decision is in force as of the date and in favor of the defendant, Article 191 of the TCK. article 1. 1, which is mentioned in accordance with the second sentence of paragraph. while the punishment provided for in the first sentence of the paragraph should be satisfied with the sentencing, it can only be applied to people who use drugs or stimulants or purchase, accept or possess these substances to use 191 of the TCC No. 5237. article 2-5. making a decision on the implementation of 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 OVERTURNING of the provision was decided unanimously on 03/02/2017.
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