Argentina: Judge Prohibits Police From Raiding Cannabis Grower Registered With Ministry of Health

From Infobae ( Gooogle Translate)

For the first time, they prevent a raid on a cannabis grower because he is registered with the Ministry of Health

It happened on Monday in Comodoro Rivadavia. Justice prohibited the Police from acting on a complaint against a 44-year-old man who has marijuana plants and produces oil for medicinal use because it is listed in the National Registry of the Cannabis Program

Last Monday in the Chubut city of Comodoro Rivadavia , agents of the provincial police tried to raid the house of a grower . However, the procedure was invalidated becausethe defendant proved before the raid – which was also illegal – that he was a registered cultivator in the Reprocann. The episode had a trigger that, not unheard of , is no longer common in cases of arrests of cannabis growers: a complaint from a neighbor.

“A couple from the block was arguing very loudly on the sidewalk, someone called the police because she was breaking his car and when the agents arrived the woman who was fighting with her husband told her ‘instead of coming here to bother Why don’t they go to the neighbor’s house who has a marijuana plant. ‘ And that’s how they knocked on the door of my house, ” Gustavo G., a 44-year-old solidarity grower , told Infobae that in his home garden -where he also grows other fruits and vegetables- he has a cannabis sativa indica plant with whose flowers he makes oil for your pain and that of other family members, friends and neighbors.

When the neighbor told the police, an agent went to Gustavo’s house. “The police start clapping their hands, I go out and the agent tells me if I have a marijuana plant. My impulse was to make him come in, explain him, show him the oil … but at that moment he tells me ‘I have to intervene with Dangerous Drugs .

Then G. called a lawyer who works with the medical cannabis networks in the area, who refused to defend him. While the Police waited on the sidewalk of his house, he notified one of the people who uses his oil due to health problems, who put him in contact with Verónica Castillo , Federal Public Defender of Comodoro Rivadavia. The lawyer went quickly to the Mosconi neighborhood.

“ There was neither tension nor lack of respect with the Police , quite the opposite. I don’t give the appearance of ‘transa’ either, I see the policemen passing by every day, I gave some of them some lettuce, I made them freight, there is a neighborhood relationship. And they did not carry prejudice either, I am a 44-year-old chubby man who has more of a corporate contractor face than someone who sells drugs, I am middle class, it is difficult for them to abuse . It had many mitigating factors. I knew I had a chance to talk, ”Gustavo transmits what was going through his head while Castillo tried to explain to them that they could not carry out a search without a warrant and a medicinal grower registered in the Reprocann.

Gustavo told the police that what he does is legal and the agents replied that it is forbidden to have marijuana. “They were unaware of the legislation,” Verónica Castillo comments to Infobae , adding: “Which shows that there is a lack of training in the forces.”

“When I arrived at Gustavo’s house, the Police wanted to enter without a court order because they said it was a flagrante delicto crime . By the definition of the Code, this occurs if the person is committing the act. I tell you that this was not flagrante delicto, I recommend that you consult with the prosecutor on duty, ”the lawyer details.

 

More at  https://www.infobae.com/sociedad/policiales/2021/04/21/por-primera-vez-anulan-un-allanamiento-a-un-cultivador-de-cannabis-porque-esta-registrado-en-el-ministerio-de-salud/?mc_cid=7fcd1342c9&mc_eid=ffca6542f9

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