The 23 kg of cannabis were hidden under bags of chips without the driver's knowledge.
Arrested on May 12 in a highway area of Caylar, the Polish truck driver unknowingly carried 23 kg of narcotics, grass and cannabis pollen. Should he have made sure of the precise contents of the pallets?
READ ALSO – Hérault: the delivery driver was carrying twenty-three kilos of cannabis under bags of chips
In essence, the question hung in the courtroom Montpellier, while the fifties was presented in the criminal court. The cargo of narcotics was discovered in the middle of the road team, in a pallet filmed with opaque white plastic, hidden under bags of chips.
The driver "could not be aware of this presence" narcotics at this place, insists Jean-Baptiste Mousset. The Montpellier lawyer asks for his client's acquittal and says: "He did not realize the pallet preparation or even its loading inside the trailer."
The council refutes any intentional element and ensures that "no papillary investigation, nor DNA, has been carried out on the packaging of the sachets containing the narcotics, nor even on the plastic film".
Imagine that Monsieur tastes all the chips
The pallet would have been delivered, the day before the loading, by a subcontractor, on a logistic base of Murcia, in Spain, itself using the services of the carrier … "Are you allowed to cut the plastic film for to see what's inside? The answer is no! "says the lawyer. The council pushes the reasoning to the absurd: "Imagine that sir opens all the pallets, all the packages and that he tastes all the chips to check that there is no cocaine on it …"
In the courtroom, technical debates focus on CMR consignment notes, reference documents for tracing pallets transported from one country to another. The customs official insists: "The carrier is obliged to check the accuracy of the documents, and if there is any doubt about the waybill the driver was free to make his observations, he did not do so. to say the least, negligence. " He claims a fine of 80 000 €, the confiscation of the goods.
For the public prosecutor, "the materiality of the facts can not be disputed." He has been doing this job for twenty-five years, his attention should have been retained by this CMR, he would have retained that of a layman. The introduction of goods into the truck will remain mysterious … "
"Debates of exceptional precision"
In addition to the customs fine, the public prosecutor's office requires 18 months of detention and confiscation of the narcotics seized. "The debates were of exceptional precision.If Mr. had been tried in immediate appearance, he would have been sentenced," introduced Jean-Baptiste Mousset. The Council refers to Article 8 of the Convention on the Contract for the International Carriage of Goods by Road (1956, Geneva) and concludes that the driver "has no fiscal or legal obligation to check (the content of the palette)".
According to the lawyer, "we should have gone to see the man who brought the pallet to the logistics platform in Spain Let's get to the end of things: let's see also this restaurant in Germany, which was the recipient …" deliberate decision was rendered on July 1st. The defendant was released. No customs fine has been issued against him.
Here’s what you want to know before seeing your regional medical dispensary:You may need a doctor’s recommendation, medical cannabis certification, or whatever appropriate documentation is needed by your condition. Typically, you need to be 18 or older to qualify for a medical authorization, but exceptions could be made in some conditions for minors with particularly debilitating problems. You will often register with a medicinal dispensary. This is to maintain your medical cannabis recommendation or certificate on file for legal and regulatory purposes. There will be a waiting space. This will be to control the flow of patients and product, but a simple dividing wall also gives patients solitude and direct one-on-one contact with a budtender to discuss medical problems. Many times, but not always, your purchases will be monitored by medical dispensaries. This process can assist budtenders and patients track effective medication as well as possess a living listing of manufacturers and products for future reference and follow up. Medicinal dispensaries usually allow you to smell and examine the buds prior to buy. This might vary from state-to-state.
Yes, municipal approval is necessary before the AGLC will subject a retail cannabis license. Applicants should get in touch with their planned municipality to find out requirements concerning municipal retail cannabis legislation, zoning requirements, land-use limitations, and location requirements regarding how near a retail store is into a provincial health care centre, school, or parcel of property designated as a school reserve.
Keep non-medical cannabis legal Adults that are 19 years or older are in a position to:Have up to 30 gram of legal dried cannabis or the equivalent in their own person. Share up to 30 gram of legal cannabis with other adults in Canada. Purchase cannabis products from a Yukon Liquor Corporation licensed retailer. Grow up to four crops per household. It’s illegal to provide non-medical cannabis to anyone below the age of 19 and for anybody under the age of 19 to possess any amount of non-medical cannabis in Yukon.It is dangerous and illegal to drive while under the influence of cannabis or other intoxicants.