What are penalties for cultivating cannabis to feed chickens in Vietnam? What are judgments related to this offense?

1. Is growing cannabis to feed chickens subject to penalties in vietnam?

Cannabis, also known as hemp (Cannabis Sativa), is the source of a type of drug popular among young people today, known by various names such as "bồ đà", "bu", "cỏ", "tài mà", "pin".

In appearance, hemp can be gray, green, or brown. Users often roll it by hand into joints to smoke, or use pipes. Some people even mix it with food such as cakes or cookies to eat. Additionally, it can also be mixed with tobacco to smoke.

According to the provisions of Article 247 of the Criminal Code 2015 (amended and supplemented in 2017) on the crime of growing cannabis or other plants containing narcotic substances:

- Imprisonment from 6 months to 3 years: Anyone who grows cannabis or other plants containing narcotic substances stipulated by the Government of Vietnam under one of the following circumstances:

+ Has been educated twice and given opportunities for a stable life;

+ Has been administratively fined for this act or convicted of this crime, and has not had the criminal record expunged;

+ In quantities from 500 to under 3,000 plants.

- Imprisonment from 3 years to 7 years: Committing the crime under one of the following circumstances:

+ Organized;

+ In quantities of 3,000 plants or more;

+ Dangerous recidivism.

- The offender may also be fined from 5,000,000 VND to 50,000,000 VND.

- Those committing the crime under Clause 1, Article 247 of the Criminal Code 2015 (amended and supplemented in 2017), but voluntarily destroy or submit it to the competent authorities before harvesting, may be exempt from criminal liability.

Thus, according to Vietnamese criminal law, growing cannabis to feed chickens can also be prosecuted with a prison sentence ranging from 6 months to 7 years and a fine of 50,000,000 VND.

2. What are some judgments on the crime of growing cannabis in Vietnam?

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

+ Level of adjudication: Appellate.

+ Content excerpt: Defendant Nguyen L was sentenced by the People's Court of Krong Nang district to 9 months in prison for the crime of growing cannabis. The defendant appealed for a reduced sentence.

In August 2021, defendant L grew 9 cannabis plants in his garden to prevent diseases for chickens. On September 11, 2021, the defendant was discovered by the police and 9 cannabis plants were seized.

+ Result: At the appellate trial, the People's Court of Dak Lak province decided to reject the appeal and upheld the 9-month prison sentence as previously pronounced by the first instance judgment.

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

+ Level of adjudication: First instance.

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

+ Content excerpt: Around April 2022, defendant L bought cannabis seeds and planted 662 plants in his garden to raise livestock. On June 20, 2022, the police discovered and caught him red-handed, seizing 662 cannabis plants. Defendant Nguyen Trung L was prosecuted for the crime of "Growing cannabis" according to point c, clause 1, Article 247 of the Penal Code.

+ Result: At the trial, the People's Court of Ea H'Leo district sentenced defendant L to 1 year in prison but suspended the sentence, with a probation period of 2 years. The defendant was also fined 2,579,000 VND to be contributed to the state treasury.

- Judgment on the crime of illegal trading of narcotics (buying cannabis) No. 146/2021/HS-ST

+ Level of adjudication: First instance.

+ Adjudicating agency: People's Court of Da Lat city, Lam Dong province.

+ Content excerpt: Nguyen Cong D bought 50g of cannabis online for 3 million VND for personal use and resale. On March 22, 2021, D sold 1g of cannabis to Nguyen Thanh S for 250,000 VND and was caught red-handed by the police. A search of D's house yielded an additional 35.6g of cannabis and numerous related tools.

+ Result: The court sentenced D to 24 months in prison, additional fine of 5 million VND, confiscation of exhibits, and return of unrelated property to D and D's wife.

Respectfully!

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