Planting Up To Twenty Root Cannabis Plants Will Remain Within The Scope Of Personal Use
T.C. 10th Criminal Chamber of the Court of Cassation Esas No: 2011/26440, Karar No: 2017/317, K. Tarihi:3.2.2017
Crime : Cannabis cultivation
Crime Date : 07/06/2005
Sentence : Conviction for cultivating plants that produce the effects of narcotic or stimulant substances for use by oneself
Appellant : Defendant defense
The file was examined.
THE NECESSITY WAS DISCUSSED AND CONSIDERED :
Since it is understood that the procedures in the trial process were carried out in accordance with the law, the evidence was shown and discussed in the reasoned decision, it was determined that the action was carried out by the defendant, and the conscientious opinion was based on certain data in accordance with the documents and information in the file; other objections of appeal that are not deemed appropriate are rejected, however;
1-The cannabis to be obtained from a total of 106 roots of cannabis ranging between 10-40 cm in length, which were seized planted in the garden of the defendant’s house, the bottoms of which were watered, hoeing and thinning operations were performed, will be more than the amount required for personal use, according to the general practices of our Chamber, if there is no other evidence, up to 20 roots of planted cannabis can be considered within the scope of personal use, for this reason, his act constitutes the crime of “planting cannabis to obtain cannabis” regulated in the last paragraph of Article 23 of the Law No. 2313 in force on the date of the crime. Therefore, without considering that his act constitutes the crime of “cultivating hemp to obtain cannabis” regulated in the last paragraph of Article 23 of the Law No. 2313 in force at the date of the crime, the conviction of the crime of “cultivating plants that cause the effect of drugs or stimulants for use by oneself” in paragraph 1 of Article 191 of the TPC, which was removed from the text with the Law No. 5377,
2-According to the assumption;
According to Article 23/last of the Law No. 2313 on the Supervision of Narcotic Substances, which was repealed by the Law No. 5377 published in the Official Gazette dated 08.07.2005 after the date of the crime, the second sentence of the first sentence of paragraph 1 of Article 191 of the TPC, which is in force as of the date of the decision and which is in favor of the defendant, should be imposed on the defendant who grows plants that produce the effect of narcotic or stimulant substances to be used by himself. In accordance with the second sentence of paragraph 1 of Article 191 of the TPC, which is in force as of the date of the decision and which is in favor of the defendant, it is necessary to be contented with the sentence stipulated in the first sentence of the first sentence of the said paragraph 1, while deciding to apply the treatment and probation measures stipulated in paragraphs 2-5 of Article 191 of the TPC No. 5237, which can only be applied to persons who use drugs or stimulants or who purchase, accept or possess these substances for use,
Since it is contrary to the law and the objections of the defendant’s defense counsel are therefore appropriate, it was unanimously decided on 03/02/2017 to VACATE the verdict.