Questão jurídica principal
Whether cultivating and selling hemp cuttings intended for drug extraction is punishable under the Narcotics Act.
Decisão extraída
Yes. Hemp cuttings are treated as hemp plants; cultivation and commerce are prohibited when they aim at extracting narcotics, even if the cuttings themselves contain no THC.
Fundamentação extraída
The Act prohibits cultivation and trade of hemp destined for narcotics extraction as a whole, not only parts with high THC content. Since the defendant’s products and cuttings were intended for drug production, his conduct fell within Art. 19 ch. 1 LStup.