CÂTEVA CONSIDERAŢII REFERITOARE LA RELEVANŢA PENALĂ A CONCENTRAŢIEI DE THC ÎN CAZUL TRAFICULUI ILICIT DE CANABIS
CERTAIN CONSIDERATIONS REGARDING THE CRIMINAL RELEVANCE OF THE THC CONCENTRATION IN THE CASE OF ILLICIT TRAFFICKING IN CANNABIS

Summary/Abstract: Criminal repression of stores selling cannabis products with low THC (below 0,2 %), recognized as healthy food in the European Union, has led to the closure of several businesses and the criminal investigation of administrators, usually governed in good faith in their activity. Judicial authorities consider these products to be illegal, falling into the category of dangerous drugs, regardless of the variety of the cannabis plant and the concentration of the psychoactive substance. This state in fact was generated by the misinterpretation of Law no. 339/2005, which contains contradictory and unclear provisions, but also by ignoring all European normative acts in the matter and the principles of community law. Judicial authorities add to the law, applying the legal provisions without taking into account the purpose of the regulation and the real will of the legislator. The cannabis market is undergoing new developments, requiring a legislative framework harmonized with social and medical reality.

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