2024-05-02 15:00:00
The Superior Court of Justice of the Canary Islands has confirmed in all its terms the sentence of the Provincial Court of Las Palmas that last December sentenced the two responsible – a man and a woman – of a club to sentences totaling three years in prison. cannabis that operated on the island of Fuerteventura.
The Criminal Chamber of the TSJC has rejected the defenses’ appeals and has confirmed the sentences for drug trafficking (one year) and illicit association (two years) for the two defendants.
The TSJC has confirmed the proven facts contained in the ruling of the Sixth Section of the Las Palmas Court. According to this, the main defendant founded the Toma Farm Cannabis Association (Toma’s farm) in 2015 to “illegally sell marijuana” to third parties, pretending to be a non-profit association.
The clients, according to the ruling, bought marijuana on the premises and consumed it outside without control.
In October 2019, police found drugs and growing equipment on the premises, seizing 546 grams of marijuana and other items related to drug trafficking. The president of the association has a criminal record for several crimes.
The ruling orders the definitive dissolution of the association and prohibits it from carrying out any activity, in addition to declaring the confiscation of the marijuana seized by law enforcement in the establishment run by the defendants.
As detailed in the resolution, the number of members of the association was considerable, between 500 and 600 people, but it could not be verified if they were certified as substance users or if they really needed cannabis for therapeutic reasons.
Based on the high number of partners, the ruling says, “it cannot be stated with a minimum of rigor that all the partners were sick and that the use of cannabis was for therapeutic purposes, that they were cannabis users or that they had been diagnosed with some disease for which the therapeutic or palliative use of cannabinoids has been scientifically proven effective.”
The Court recalls that, of the 500 associates, “none of them have been summoned as witnesses by the defendants in order to assert their statements and prove the therapeutic, educational, research and didactic purposes of the association, purposes that have never existed and “They have never been carried out by the association.”
The defense alleged that the association had therapeutic, educational and research purposes, but, the ruling says, no evidence was found to support these claims. The association’s statutes mentioned activities related to the promotion of cannabis therapy, but they were not carried out.
In addition, it was discovered that part of the premises was used for the cultivation of marijuana, which violated legal provisions.
The ruling establishes that the association’s activities were not covered by the doctrine of shared consumption and that the organization did not comply with its own statutes, since it was mainly dedicated to the cultivation and sale of marijuana.
The sentence is subject to appeal before the Supreme Court.
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