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Is cannabis plant a drug?

  • 15-11-2011 12:37am
    #1
    Closed Accounts Posts: 4


    Hypothetically speaking if a person was caught with a cannabis plant (or two) could they be charged with possession of a drug eg. cannabis (section 3 of Misuse of Drugs Act) even if no actual cannabis herb or resin was found? I know there's other charges like cultivation etc but I am interested to know what people think. Thanks.


Comments

  • Registered Users, Registered Users 2 Posts: 78,577 ✭✭✭✭Victor


    Yes, they would be considered in possession. I don't know the exact charge.


  • Registered Users, Registered Users 2 Posts: 810 ✭✭✭Laisurg


    I'd imagine they would just be charged with cultivation.


  • Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    [wiki]Cannabis[/wiki] is actually the plant itself. The Resin ([wiki]Hashish[/wiki]) or the dried flower buds, "marijuana" ([wiki]Cannabis_(drug)[/wiki]), are more correctly methods of preparation of the flower for consumption by eating or smoking.

    You'll see in the schedule to the 1977 Act that both Cannabis and cannabis resin are listed as controlled drugs.


  • Registered Users, Registered Users 2 Posts: 4,814 ✭✭✭harry Bailey esq


    they would be charged with cultivation/manufacture of a controlled substance.however here is where the law gets 'hazy' no pun intended :) if or when the case comes to court,the presiding judge Will ask the approximate value of said substance.if the plants are not mature,or havnt shown gender yet a value cannot be given on the plants.any defence brief worth his/her salt Will spot this straight away.in short,two mature female plants could get a conviction and a fine,depending on the judge.its highly unlikely jail time would result.however....the system Will take a harsher view if:its not the first time you have been busted,or if there are scales,bags or anything that would indicate you are growing for anything else but personal use.hope this helps.


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