Source: Ceske Noviny
Prague – The Czech Constitutional Court today cancelled the guilty verdict in the case of Hana Ticha and Mojmir Miklica who had grown in their garden 499 plants of hemp from which marijuana is produced as it found no proof of intended drug production.
Originally, courts gave the two growers suspended prison sentences. The case will now return to the Hradec Kralove, east Bohemia, Regional Court.
The defendants and their lawyers were not present at court today.
The Constitutional Court stated that the courts that dealt with the case failed to collect proof that the growers further processed hemp with the goal of producing marijuana from it, judge rapporteur Eliska Wagnerova said.
In its today’s verdict the Constitutional Court did not express its position on the question whether courts must punish the growers who do not sell hemp and marihuana and how.
“This is mainly a business for the Supreme Court,” Wagnerova said.
According to the verdict, court must thoroughly prove in all cases for what purpose hemp was used and should not automatically identify the growing of hemp with drug production.