Na Fiverr jakis Holender za 5 dolcow wygrzebał mi to z neta ;
Penalties in Hemp Nursery
If you are caught with a hemp nursery, you will receive a penalty-if your involvement can be determined. The amount of the penalty depends on the number of plants found and the number of previous harvests that can be determined, or the quantity of hemp that has been found, the degree of involvement and your precise role, or a disengagement claim And any previous convictions on the basis of hemp cultivation or other drug offences.
Number of plants
In principle, the penalty is determined according to the number of plants found by the police. In the case of a hemp nursery up to 100 plants, a fine of up to âŹ1,000.00 is imposed as a starting point. Above that, a working sentence is usually imposed in combination with a conditional penalty. Up to 500 hemp plants, according to the points of reference of the courts, have a working sentence of 120 hours, and up to 1000 plants a penalty of 180 hours applies.
Previous harvests
The aforementioned penalties apply only to hemp farms where no previous harvest can be established. Once harvested, the number of plants is doubled in the context of the penalty measure. A hemp nursery with 500 plants, with a previous harvest, is therefore seen as a hemp nursery with 1000 plants for the penalty.
Amount of Hemp
In addition, the punishment can also be determined according to the amount of hemp found. This happens when a quantity of wet or dried hemp is found by the police. The courts have not published any points of reference for the sentencing of a quantity of hemp. The Public Prosecutor's Office does have guidelines that are broadly based on the following penalty measure:
Quantity
Punishment
500 gram
40 hours work penalty
1000 gram
95 Hours work penalty
5000 gram
220 hours work penalty
25000 gram
12 months prison sentence
For hemp cuttings again lower penalties apply. The penalty can be calculated by dividing the aforementioned penalties by 5.
Level of involvement and role
Furthermore, the degree of involvement of the accused is important, and the precise role. In principle, when the fact is committed with others, there is a 25% penalty increase for the Commission. If
you have only had a very small role, in the sense that you are onlyAccomplice, you get a penalty discount of 33%.
A winker gets a lower penalty than the people who built the hemp nursery, took care of the plants, and gives them a profit. And so also a partner who has the hemp nursery only has "tolerated", a lighter punishment than the one who set up the nursery.
Ontnemingsvordering
When a previous harvest can be determined, the court will calculate how much benefit has been obtained with the hemp nursery. This is an estimate of the unlawful advantage on the basis of fixed starting points. Popularly, this is often called a fine.
Penalties for hemp cuttings
Hemp cuttings are under Article 3 Opium Law punishable now a hemp cutting is seen as a part of the hemp plant. In most cases, the deliberate presence of hemp cuttings will at most have a punitive effect. The following defences can be carried out for this purpose.
Distinguishing guidelines TO between hemp plant and amount of hemp per gram 1:5
The guidelines of the Public Prosecutor's office say nothing about the penalties for hemp cuttings. However, there is some indication of the penalties to be deduced from the directives. The guidelines make a distinction between the penalties for hemp plants and a quantity of hemp in grams.
From the guidelines of the TO deduce that for 100 plants there 40 penalty points is used. This also applies to a quantity of 500 grams.
The relationship between the hemp plants and a quantity of hemp is therefore on 1 plant = 5 grams. A hemp cutting weighs on average 1 gram. This would mean that the number of hemp cuttings by 5 should be shared in order to achieve a punishment under the Guidelines for hemp plants.
Based on this premise, we come to the following penalties
In
Number of hemp cuttings
Points
-
1 t/m 100 hennepstekken
8 pt
-
From 100 to 500 hemp cuttings
9 pt
-
From 500 to 1000 hemp cuttings
17 pt
-
From 1000 to 4000 hemp cuttings
35 pt
-
From 4000 to 7000 hemp cuttings
54 pt
-
From 7000 to 10000 hemp cuttings
73 pt
1 point is equal to 1 day of imprisonment, 2 hours of work penalty and âŹ29.00 fine
Penalties in practice: Landmarks LOVS
to get an impression of the penalties imposed for the cultivation, treatment, processing or presence of hemp plants, first of all the landmarks of THE LOVS are important.
Number of plants
Penalties
50-100 plants
âŹ1,000.00 Fine
100-500 plants
120 hours work penalty + 1 month conditional prison sentence
500-1000 plants
180 hours work penalty + 2 months conditional prison sentence
The landmarks are based on the more or less business or at least with a certain professionalism cultivating hemp plants in areas such as a (residential) house, shed or other similar space with the apparent purpose of selling the harvested plants . It is a suspect who is first offender for this offence and who does not act in the context of an organised relationship. The starting point for handling these points of reference is that the financial advantage is or is being withdrawn and that the equipment is forfeited or withdrawn from circulation.
The landmarks show the number of plants of a single crop. If the judge determines that several times have been harvested, then the corresponding higher is punished. At a hemp nursery with 320 plants, and a previously established crop. Thus, for the penalty measurement, the 640 plants are assumed.
In practice, we often see that judges use the following calculation;
⪠Per 2 plants, 1 hour work penalty
⪠Electricity theft + 20 hours work penalty
⪠Previous crop yields doubling number of plants
⪠Maximum work penalty is 240 hours
⪠Complicity = 1/3 off
⪠Commit = 1/3
Penalties in practice: public Prosecution directives
The guidelines used by the Public Prosecutor's office differ slightly from the points of view used by judges. As a result, the Strafeis may sometimes be higher than the penalty imposed by the court. The Public Prosecutor's Office uses the following calculation for the penalty measure:
In
No hemp plants
4 pt
-
1 T/M 100 Hemp Plants
40 pt
-
From 100 to 500 plants
42 pt
(DV,GS)
-
From 500 to 1000 plants
84 pt
(DV,GS)
-
From 1000 to 4000 plants
177 pt
(DV,GS)
-
From 4000 to 7000 plants
270 pt
(DV,GS)
-
From 7000 to 10000 plants
364 pt
(DV,GS)
(DV) + subpoena
(GS) + in principle prison sentence
1 point is equal to 1 day of imprisonment, 2 hours of work penalty and âŹ29.00 fine.
Further Delictspecifieke factors still apply:
⪠If there is a case with others, a penalty increase of 25% is
⪠In complicity, 33% of the sentence is
⪠In an attempt to cultivate hemp, 33% of the sentence is also decreased. However, an attempt to cultivate hemp is hardly in practice. Usually there is too little evidence in that situation, so that acquittal or Sadeghi follows.
⪠In the case of a repeat offence within 5 years of the last sentence, a penalty increase is 50%. An increase of 100% applies to several repeated offences