Hemp cultivation criminal lawyer
Have you ever had a few cannabis plants in your home for your own use, or made a space available to another person where a grow was later found? Or have you been found in a residence where an active hemp farm was discovered by police?
In situations like these, you may be considered a suspect.
Are you facing a suspicion of hemp cultivation, and looking for a criminal lawyer? Van Meekren Advocatuur offers expert legal assistance.
What is hemp cultivation?
Hemp cultivation is the growing of cannabis plants. However, the presence of cultivation material, cuttings, or supporting another in the cultivation of hemp can also fall under the criminal conduct. Hemp cultivation is punishable under section 3 sub b of the Opium Act.
I am looking for advice on hemp cultivation
Even if you have not yet been arrested, but are concerned about whether you are at risk of criminal prosecution, for example because you rent out a space, you can turn to Van Meekren Advocatuur for advice.
I am suspected of hemp cultivation
If you are suspected of hemp cultivation, you may face searches, seizures and sometimes pretrial detention. Should you be convicted, the consequences can be far-reaching. You risk not only punishment, but also the risk that the Public Prosecutor's Office will want to deprive you of the 'illegally obtained benefit'. This can involve huge sums of money.
If you are suspected of hemp cultivation, it is therefore important that you hire a specialized lawyer hemp cultivator. Here you have come to the right place. Van Meekren Advocatuur is a specialized criminal law firm. Among other things, we can do the following for you:
assistance during interrogation;
hear witnesses at the magistrate's court or at the hearing;
Assist in gathering exculpatory evidence;
representing you in court.
Should you be suspected of hemp cultivation, it is important that you engage a specialized criminal lawyer at an early stage. The earlier we are involved, the more we can do for you.
Learn more about hemp cultivation
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Hemp cultivation is criminalized in Article 3 under B of the Opium Act. This article reads as follows:
It is prohibited to use a drug referred to in List II attached to this Act or designated pursuant to Section 3a(5):
A. within or outside the territory of the Netherlands;
B. to grow, prepare, process, sell, deliver, provide or transport;
C. present;
D. to be manufactured.
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It is illegal to have hemp plants, but cannabis cultivation is not always detected or prosecuted. Up to a maximum of five plants, the prosecution assumes non-business cultivation of a small amount for personal use. That, if the suspect is an adult, has no detection priority.
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For growing hemp (hemp nurseries), the court uses the following landmarks:
50 - 100 hemp plants: €1,000 fine
100 - 500 hemp plants: 120 hours of community service + 1 month of suspended imprisonment
500 - 1,000 hemp plants: 180 hours of community service + 2 months suspended imprisonment
Small cultivation for personal use (up to five plants) is in principle not detected if the suspect is of age.
The prosecution's sentencing guidelines also show that growers should consider a claim for deprivation of illegally obtained benefit.
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