Self-supply, cultivation of cannabis and production of marijuana/THC

Supreme Court resolution (11 Tdo 840/2023): Mere cultivation of cannabis (even indoors) is not considered production of a narcotic substance. Production occurs only when cannabis plants are harvested and processed into dried marijuana or tetrahydrocannabinol (THC). Cultivation without harvesting constitutes preparation or attempt. In the case examined, the police seized 34 mature plants, 57 seedlings and equipment for growing and drying cannabis. The court concluded that the offender's conduct amounted to attempted illegal production of marijuana and THC as well as the completed offence of unauthorized cultivation. Evidence such as electric grow lamps, fans and dehumidifiers supported the conclusion that the plants were intended for drug production.