Cannabis crop yield 'irrelevant'

26th April 2011, Comments 0 comments

Home cannabis growers with no more than five plants will not face prosecution - regardless of crop yield - as long as they immediately give up their plants if the police come knocking.

The Dutch supreme court handed down the ruling on Tuesday regarding appeals filed by the Public Prosecutor’s Office in three similar cases.

In each case, a lower court had acquitted a suspect or suspects charged with growing five cannabis plants. In one of the three cases, the suspect had five plants in their garden with a total yield of 2,180 grams. In another, a couple had harvested 6,712 grams of cannabis, also from five plants.

The Public Prosecutors’ Office argued that only up to 30 grams of cannabis is condoned and therefore wanted to see the suspects convicted.

However, in 2000, the limit was set at five plants - without any further specification. Thus, the supreme court ruled that the possession of up to five cannabis plants is insufficient cause for instigating a criminal prosecution as long as there are no exceptional exceptional circumstances and the grower gives up their plants right away.

The supreme court wrote in its ruling that: “The quantity and the weight of the cannabis crop obtained from a cultivation limited to five plants are irrelevant.”

© Radio Netherlands Worldwide

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