| flyinhigh |
Hi Guys and Galls, apologies for writing in English on your forum. I wanted to ask the legal situation ( I know , you've heard it a hundred times.. sorry) for cultivating in CZ . I am asking because I spoke to some Cz dudes at last years cannafest and they said the 5 plant rule was out of date and you could be lookin at 'bird time' for growing. (Bird time is slang for prison). anyone have any latest info on this, is the law the same now etc? Anyone hear of anyone caught with say 5-7 plants are they lookin at a stretch behind bars? I have tried to read similar related threads here through google translate but its impossible...
Keep On Keepin On. |
|
|
| pankytka |
Hi!
well as I know, rule about 5 flowers is not working anymore. Regarding your question about jail - its always case by case. Depends on police and court. The last time I have read, that at court were two people - man and his wife (3 big marihuana factories). They defend themself as all marihuna was only for their consumption (cops knew, they had this at least for the last 3 years hahahaha) and there was no jail, since they didnt proofe them, they were dealers). On other side, some guys with a few flowers had a big troubles, even they were not dealers! Like I said its case by case, it always depends on people you will meet/you met...cop, judge etc. Thats how works law in Czech - weird, but true. So - basicaly I can say, no dealing and no informer (related to you or your friends, who could know - or lets say no "bad" neighbor..means no smell, no noise from your side), you should be ok. |
|
|
| carlos |
Exactly.. when they don't document / convict you have sold substantial amount its just illegal "production" which when combined with proper defense (medical purposes, ointments) in 99% of cases leads to parole.
I don't know / heard of anyone who would have been sentenced to prison for pure growing... When combined with selling/distribution its whole another story (3 - 5 years in jail is not uncommon). |
|
|
| flyinhigh |
thanks pankytka and carlos. What is Overgrow ?
Thanks for replying. |
|
|
| pankytka |
| Overgrow? You mean how many plants you can have? Same situation case by case...no rules here. If they catch you...they will harvest it, then they will send it to laboratory to find out how many THC is in plants. Thats why, they prefer to catch you just before harvest...as I know. In case, they will harvest just small...no flowering plants, there is no THC...or if so, then in very litlle amount (not sure, but legal is 0,3?? not so experienced...dont know this exactly). Same situation for technical cannabis - you can grow it because of low level of THC in it. And then ALWAYS depends on judge...for someone good luck, for someone bad luck. |
|
|
| flyinhigh |
| The guys I met a t cannafest said the police are mainly lookinn at large growers and dont generally target the guy with a few plants at the back of the garden although I did hear of one dude who said he saw the police looking into a mate's garden! And he lives in a small village. Lucky enough they didnt see anything. |
|
|
| carlos |
That is true... I doubt that they actively seek "small fishes"... But if there is neighbor allegation they must act.
One thing is looking over the fence and one is obtaining permit to break one's privacy from the court. |
|
|
| flyinhigh |
| Hi carlos, yeah seemed strange that they were looking over the fence for plants, surely if they thought he had plants they would have obtained a permit to walk into his greenhouse? Or do they normally arrive with the permits? Civil liberties are so destroyed in the UK the Police can do anything they want. There was a day when they couldnt touch rastas hats so the rastas would put the weed under their hats...and the police couldnt touch them. Those days are long gone... |
|
|
| carlos |
| Yes they arrive with permits if they have solid evidence (smell, electric bill, photo traps...) |
|
|
| pankytka |
| Hi Fly...looks like you are looking for exact informations, but you dont want to say, what exactly your plan is..right? :) Just say, what is your plan (even by PM) and you will get relevant answer. I guess, this could be kinda faster way :) |
|
|
| flyinhigh |
| Hi pankytka nothing specific as I said I was in Prague last year for the cannafest and it was interesting to hear that the 5 plant rule was no more as most people from uk think cz is a growers paradise?! |
|
|
| pankytka |
| Hi FlyiInHigh, well hard to say, since I wasnt living in UK :) But 5 plant rule...it was like, nothing in law..it was just reccomendation, if I remember that right. But true says - I used to live in foreing country and have to say, that Czech is good place to live, even some guys says its not...but those in 99% never lived in foreign country....I feel like we still have a lot of freedom here, comparing to US for example. |
|
|
| carlos |
Actually this is misunderstanding...
There is still 5 plants limit under which it is minor offense (vs criminal act). You can't go to jail for minor offense - there is no court or hearing, only civil servant will give you fine.
Nothing has changed about 5 plants minor offense / major criminal act division line...
| citace: |
Konopí lze pěstovat i doma, ale pouze do obsahu THC 0,3%, což je uvedeno v zákoně č. 167/1998 Sb. o návykových látkách a jedná se o tzv. technické konopí. Pokud z něj následně budu vyrábět drogu marihuana, nejedná se zcela jistě o tzv. technické konopí s obsahem účinné látky THC do 0,3% a tudíž se jedná buď o přestupek podle § 30 odst. 1 písm. k) zák. č. 200/1990 Sb. o přestupcích, přičemž za malé množství se považuje rozsah do pěti rostlin. Šest a více rostlin pěstovaných s obsahem THC vyšším než 0,3% je považováno za trestný čin podle § 285 trestního zákoníku č. 40/2009 Sb. A to platí pro jakékoliv pěstování, tedy i pro léčebné účely, pokud nejsem držitelem udělené licence Ministerstvem zdravotnictví ČR. Výroba návykové látky je trestným činem podle § 283 tr. zákoníku, bez ohledu na množství vyráběné drogy.
Source: Police CR http://www.policie.cz/clanek/myty-a...-o-drogach.aspx
|
Google translate (source website of cz police)
| citace: |
| Hemp containing the active ingredient THC 0.3%, and therefore it is either a misdemeanor according to § 30 paragraph. 1 point. k) Act. no. 200/1990 Coll. misdemeanors, while for small amounts is considered to range up to five plants. Six more grown plants with a THC content exceeding 0.3% is considered a criminal offense under § 285 of the Penal Code no. 40/2009 Coll. And that goes for any cultivation, thus also for medicinal purposes, if I am the holder of the license granted by the Ministry of Health. |
So stating that "5 plants rule is no more" is simply not true. |
|
|
| carlos |
| citace: |
| comparing to US for example |
As I see overseas, there has been strong movement towards legalization in past few years (California, etc.) .. Maybe more than in Europe. |
|
|
| flyinhigh |
| Hi carlos, interesting so it seems the 5 plant rule is still kind of in place. Sort of. Im not an expert at all on legal situation in UK , you deffo could not grow plants though. They tolerate a small amount for personal consumption but dont know the numbers . are you guys gonna be at Cannafest this year? |
|
|
| pankytka |
| citace: |
Původní příspěvek od carlos
As I see overseas, there has been strong movement towards legalization in past few years (California, etc.) .. Maybe more than in Europe. |
Well actually I was in California also...a lot of potheads there :D I dunno anything about growers there as I met just dealers I guess, but I didnt have any problems there. They also bring a lot of stuff from Mexico as its close. I saw a lot of guys smoking there...but never saw any problems with cops - not because they tolerate it, but I beleive, I just wasnt "at right place in right time" thx to god, because sometimes my car was also "loaded" and I was illegal there. If cops stopped me in a such situation - that could be another story in my life, but I was always lucky. |
|
|
| pankytka |
| citace: |
Původní příspěvek od flyinhigh
Hi carlos, interesting so it seems the 5 plant rule is still kind of in place. Sort of. Im not an expert at all on legal situation in UK , you deffo could not grow plants though. They tolerate a small amount for personal consumption but dont know the numbers . are you guys gonna be at Cannafest this year? |
Hi dude,
I am not sure. I was there the last year, but it also looks like I will get ticket free, so maybe I will go there, really dunno. |
|
|
| flyinhigh |
| I like Cannafest, bit too commercial for me but good range of seeds. I hear theres a good cannafest in Spain aswell havent been. I really want to get down to Chefchauen (that rhymes !) morocco go cycling in the national park around there. Lots of ideas..no cash...! |
|
|
| budulinek |
hello,
the rule of 5 is good, but you need to consider, that harvesting and stocking is against the law. Harvesting is considered to be making of drug - this can give you your ticket to prison. and you can stock only up to 10(maybe 15) grams per person for your own use - but its also minor offense. They would take your sweatmeat and give you fine. More than that is also crime. |
|
|
| pankytka |
| citace: |
Původní příspěvek od flyinhigh
I like Cannafest, bit too commercial for me but good range of seeds. I hear theres a good cannafest in Spain aswell havent been. I really want to get down to Chefchauen (that rhymes !) morocco go cycling in the national park around there. Lots of ideas..no cash...! |
Indeed, same for me....its a bit more commercial, than I would like to..but thats how biz works. And dont worry mate, ideas are much much more valuable, than money. What should come to you, it will come :) |
|
|
| flyinhigh |
| citace: |
Původní příspěvek od budulinek
hello,
the rule of 5 is good, but you need to consider, that harvesting and stocking is against the law. Harvesting is considered to be making of drug - this can give you your ticket to prison. and you can stock only up to 10(maybe 15) grams per person for your own use - but its also minor offense. They would take your sweatmeat and give you fine. More than that is also crime. |
Aha. So you can sort of grow the plants but cant harvest them- obviously 5 plants would be a lot more than 15g. Its very ambiguous maybe deliberate from the Police/Court point of view. I still think its progressive though, its not too bad. Think Spain has quite liberal law re: cannabis. Not sure about Holland though lot of coffeeshops in the south of holland have closed. |
|
|
|
