The Carabinieri of the Caserta Company executed an emergency search and seizure order against three businesses located in the city of Caserta. They were held responsible for selling "light" cannabis sativa and derivative products. The owners of these businesses were reported at large. On the same date, similar operations were also conducted by the Economic and Financial Police Unit against a business located in the city of Caserta. The owner is held responsible for selling the aforementioned "light" cannabis sativa and derivative products. During the search, inflorescences were seized, apparently attributable to the cannabis varieties listed under Law 242/2016, which were held for sale. The emergency search and precautionary seizure orders for the three commercial establishments arose from the recent ruling of the United Sections of the Supreme Court of Cassation, dated May 30, 2019, with which the Supreme Judges, definitively interpreting the provision of Law 242/2016, concluded that "the marketing of Cannabis Sativa L. and, in particular, of leaves, inflorescence, oil, resin, obtained from the cultivation of the aforementioned variety of hemp, does not fall within the scope of application of Law 242/2016, which qualifies as lawful only the cultivation of hemp of the varieties registered in the common catalogue of agricultural plant species..., therefore, the conduct of transfer, sale and, in general, the marketing to the public, for any reason, of products derived from the cultivation of cannabis sativa light, except that such products constitute the crime referred to in art. 73 co. 1, 4 DPR 309/90, are in fact devoid of an effective narcotic”. On 3 June 2019, the GIP at the Court of Santa Maria Capua Vetere, considering the abstract existence of the criminal hypothesis pursuant to art. 73 DPR 309/90, contested by this Prosecutor's Office, given that the said commercial establishments had as their object the sale of products derived from light cannabis sativa, validated the emergency seizure of the premises, where the aforementioned commercial activity was carried out, and ordered their preventive seizure.
EDITORIAL TEAM






Choose the social channel you want to subscribe to