Unlawful cultivation of plants containing narcotic or psychotropic substances

Legal definiton 

Section 285 of the Criminal Code:

(1) Whoever unlawfully cultivates, for their personal use, cannabis plants in an amount greater than small shall be punished by imprisonment for up to six months, by a financial penalty, or by forfeiture of the item.

(2) Whoever unlawfully cultivates, for their personal use, mushrooms or other plants, other than those listed in paragraph 1, containing narcotic or psychotropic substances, in an amount greater than small shall be punished by imprisonment for up to one year, by a financial penalty, or by forfeiture of the item.

(3) The perpetrator shall be punished by imprisonment for up to three years or by a financial penalty if the act described in paragraphs 1 or 2 is committed on a greater scale.

(4) The perpetrator shall be punished by imprisonment for six months to five years if the act described in paragraphs 1 or 2 is committed on a significant scale.

Subjective aspect - intent

Unlawful cultivation of plants containing narcotic or psychotropic substances is an intentional criminal offence. A criminal offence is committed intentionally if the perpetrator wanted to violate or endanger a legally protected interest in the manner specified by the Criminal Code (direct intent), or if the perpetrator knew that his actions could result in such a violation or endangerment and accepted the possibility of it occurring (indirect intent).

If the act can be deemed as mere negligence rather than intent, it does not constitute the described criminal offence. 

Defense

There are various defense strategies available. Given the elements of this crime, the following questions may be relevant:

• Did the substance in question qualify as a narcotic or psychotropic substance, considering the relevant legislation? 
• What was the THC content in the cannabis plants?
• What quantity was involved?
• Where and for what purpose did the individual obtain the seeds?
• What did the individual know about them?
• What was the purpose of the individual's actions?
  
• Did the individual have a specific reason for cultivating the plants?
  
• Was the perpetrator's intent directed towards the decisive facts?