Joint Possession Is A Meaningless Act

War veteran K.D. was acquitted for growing and consuming marijuana because he uses it to alleviate psychic problems.

A glimpse of hope has occurred for everyone who occasionally likes to enjoy a joint, because K.D. who grew a few Indian cannabis plants managed to avoid a prison sentence, the Vecernji list writes.

A verdict of the Croatian Supreme Court claims that K.D. will not face a three-year prison sentence, as anticipated by the Penal Code. Instead of a sentence, he has been ruled a precedent, as his crops and joint were named meaningless acts.

Two years of gardening

The police have been familiarised with K.D.`s “gardening abilities” for some time, seeing how the caring gardener planted several Indian cannabis seeds in his back yard and managed to grow two plants, pick the leaves, dry them and supply himself with a few joints. Keen police officers seized 67.71 grams of marijuana and handed K.D. to the court with charges.

Seeing how planting falls under the legal framework of producing opiate drugs, since 2006, just like for reselling any amount of drugs, a prison sentence in the amount of at least three years is anticipated.

K.D. was lucky and the Virovitica County Court sentenced him to just a year in prison, using all options to reduce his sentence. Following an appeal, the Supreme Court challenged the verdict, seeing how marijuana was grown exclusively fore personal consumption.

Luck again smiled at K.D.! given that he is a Croatian Homeland War veteran who has fallen ill with the Post-traumatic stress disorder, he used marijuana to calm himself down and alleviate psychic problems. This all made the Supreme Court alter article 28 of the Penal Code and declare the case a meaningless act, which excludes persecution.

Even Marinka Orlic, deputy of head State Attorney Mladen Bajic supported K.D.`s appeal, saying this was a meaningless act.

However, not everyone can get away: Krunoslav Keser of Osijek was sentenced to two years in prison because of this rigorous law, over a fistful of marijuana

Court often has understanding, despite the harsh law

Drazen Tripalo, judge and spokesperson of the Supreme Court confirmed special treatment, i.e. acting in accordance with article 28 of the law in cases like that of K.D. Article 28 is often applied when possession is solely in question, not reselling drugs, while possession has been considered an offence since 1996.