Collection of judgments on the crime of growing cannabis plants in Vietnam

Hello, the editorial board would like to answer as follows:

1. What are the penalties for growing cannabis plants in Vietnam?

According to the provisions of Article 247 of the Penal Code 2015, amended in 2017, the crime of growing cannabis plants or other plants containing narcotic substances as follows:

- Any person who grows opium poppy plants, coca plants, cannabis plants or other plants containing narcotic substances in any of the following circumstances shall face a penalty of 06 - 36 months' imprisonment:

+ The offender has been reprimanded twice and enabled to earn decent living;

+ The offender has incurred an administrative penalty or has an unspent conviction for the same offence;

+ The offence involves a quantity of from 500 to under 3,000 plants.

- This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

+ The offence is committed by an organized group;

+ The offence involves a quantity of ≥ 3,000 plants;

+ Dangerous recidivism.

- The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000.

- The person who commits the offence specified in Clause 1 of Article 247 of the Penal Code 2015, amended in 2017 but voluntarily destroys the plants or submit them to a competent authority before harvesting might be exempt from criminal responsibility.

2. Collection of judgments on the crime of growing cannabis plants in Vietnam

- Judgment on the crime of growing cannabis plants No. 76/2022/HS-ST

+ Trial level: First instance.

+ Judicial agency: People's Court of Ea H'Leo district, Dak Lak province.

+ Content citation: Around April 2022, defendant L bought marijuana seeds and planted 662 plants in his garden to raise livestock. On June 20, 2022, the police discovered and confiscated 662 marijuana plants belonging to defendant L. Defendant Nguyen Trung L was prosecuted for "growing cannabis plants" according to point c, clause 1, Article 247 of the Penal Code.

+ Resolution result: At the trial, the Trial Council of the People's Court of Ea H'Leo District sentenced defendant L to 01 year in prison but suspended the sentence and probation period of 02 years. Force the defendant to pay 2,579,000 VND to confiscate state funds.

- Judgment on the crime of growing cannabis plants No. 205/2022/HS-PT

+ Judgment level: Appeal.

+ Judicial agency: People's Court of Dak Lak province.

+ Content citation: Defendants Hoang Thi Minh T and Tran Hoang V were sentenced to prison by the Krong Ana District People's Court for the crime of "growing cannabis plants". The defendants appealed for a reduced sentence. From June 2021 to January 2022, the defendants planted and cared for 636 marijuana plants on the family's farmland. At the appeal hearing, the Dak Lak Provincial People's Court partially accepted the appeal, allowing the defendants to receive suspended sentences instead of having to serve prison sentences as in the first instance verdict.

+ Resolution results: Sentenced defendant Hoang Thi Minh T to 07 (seven) months in prison, Tran Hoang V to 06 (six) months in prison, but given a suspended sentence for the crime of "growing cannabis plants".

- Judgment on the crime of growing cannabis plants No. 11/2022/HSST

+ Trial level: First instance.

+ Judicial agency: People's Court of Dak Song district, Dak Nong province.

+ Content citation: From April 2021 to June 2021, defendant H was hired by Bui Van H to grow and care for marijuana plants in village 10, Nam Binh commune, Dak Song district. On June 20, 2021, the defendant was caught red-handed by the Police while harvesting marijuana leaves. At the scene, 2,613 marijuana plants were confiscated.

+ Resolution result: Defendant Nguyen The H was sentenced to 01 year and 06 months in prison for the crime of "growing cannabis plants".

- Judgment on the crime of growing cannabis plants No. 59/2022/HS-PT

+ Judgment level: Appeal.

+ Content citation: Defendant Nguyen L was sentenced to 9 months in prison by the Krong Nang District People's Court for growing marijuana. The defendant appealed for a reduced sentence.

In August 2021, defendant L planted 9 marijuana plants in his garden to prevent disease in chickens. On September 11, 2021, the defendant was discovered by the Police and confiscated the above 9 marijuana plants.

+ Resolution result: At the appeal hearing, the Dak Lak Provincial People's Court decided not to accept the appeal, maintaining the 9-month prison sentence as the first instance verdict.

- Judgment 46/2020/HS-ST dated August 19, 2020 on the crime of growing cannabis plants

+ Trial level: First instance.

+ Judicial agency: People's Court of Di Linh district, Lam Dong province.

+ Content citation: In February 2020, defendant C planted 4 marijuana plants behind the family's toilet for personal use. On April 21, 2020, the defendant was caught red-handed by the police while having 4 marijuana plants at home.

+ Resolution result: Defendant C was sentenced to 06 months in prison for the crime of "growing cannabis plants"

Best regards!

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