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ARTICLE · 04 NOVEMBER 2022

Home Grown Cannabis: Personal Consumption Or Trafficking?

A man has been convicted in Portugal for minor drug trafficking after cultivating and possessing cannabis plants which were being consumed by his wife, who was ill.

PortugalCannabis & Hemp

A man has been convicted in Portugal for minor drug trafficking after cultivating and possessing cannabis plants which were being consumed by his wife, who was ill. The Évora Court of Appeal decided that cultivating and possessing cannabis is trafficking when the substance is not being consumed by the producer himself.

Introduction

In a case heard by the Évora Court of Appeal in Portugal, a man was convicted for minor drug trafficking. The man had 3 cannabis plants in his house for medicinal purposes, which were intended to be consumed by his wife, who was quite ill.

Since the man was not himself consuming the cannabis plants, and since the law does not establish specific quantities to distinguish trafficking from consumption, the question arose as whether there was trafficking or not.

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