The judge considers that flowers and derivatives with less than 1.25% THC are not drugs, and that the defendant did not intend to promote the illicit use of cannabis in respect of 100 grams of resin with a concentration of 1.79%.

After intercepting at UPS headquarters a shipment of 4kg. of CBD products that a company from Palma de Mallorca had bought from a supplier company in Italy, the physical shop in the city centre and the warehouse were entered, confiscating more than 61 types of products including hemp flower cigarettes, oils, buds and others valued at €30,000. In total, the prosecution requested 4 years in prison and a fine of €100,000 for a crime against public health with the aggravating circumstance of sale in a public establishment.

In the analysis of the seized substances, all the products had a THC concentration of less than 1.25%, which is the threshold for differentiating between what is a drug and what is not, all except one item: one of the 200g sheets of hashish resin had a THC concentration of 1.79%.

The objectives for the defence during the trial were:

• Justify that flowers and derivatives of the cannabis plant with a concentration of less than 0.5% have no pharmacological activity, and therefore are not drugs.
• To demonstrate that the defendant had not ordered and did not intend to trade the 100 grams of resin with 1.79% THC.
• And to show that the prosecution only accused the receiver (the owner of the shop) but not the manufacturer of the substance, who is clearly identified by invoices, so that the prosecution itself does not believe that there is a risk to public health.

If you work in a shop dealing with hemp or hemp derivatives you can take into account the Keys to acquittal according to the Court:

• Correct identification of the sender (AVOID HIDDEN SUPPLIERS).
• The correct identification of the addressee (AVOID ACTING UNDER FICTITIOUS NAMES).
• Low THC concentration of the product (CHECK YOUR MERCHANDISE)
• Previous inspections received (KEEP PROOF OF EACH INSPECTION).
• Interrogation of the health expert (HAVE AN EXPERT LAWYER)