Cannabis
Oyabu Marijuana Trial: Report on the First Hearing
On Tuesday, October 26, 2021, the first trial of Ryujiro Oyabu, who was charged with possession of marijuana under the Marijuana Control Act, was held in Courtroom 1 of the Maebashi District Court.
Supplement to Petition for Clarification 1
Supplement to Pleading 1 (Opinion on the definition of marijuana in the indictment)
1 In the indictment, the word "indiscriminately" is mentioned, but it is not clear what kind of fact it specifically refers to, which hinders the defendant's defense.
Therefore, as a premise for admitting or denying the facts of the prosecution
(1) Please clarify the meaning of "without permission.
(2) If the meaning is "there is no socially accepted justifiable reason" as stated in the Commentary on the Special Penal Code 5-II Medical and Pharmaceutical Affairs (2) [Second Edition] VII Marijuana Control Law, p. 97, and the Grand Commentary II Drug Control Law, p. 65, please clarify specifically that there is no justifiable reason.
2. In the indictment, it is stated that "approximately 3.149 grams of plant fragments containing marijuana", but the object is not clear from such indictment, and the object of the defendant's defense is unclear. The object of the defendant's defense is unclear.
Therefore, as a premise for admitting or denying the facts of the prosecution
(1) What is "marijuana"?
(2) Please clarify what "plant fragments" are.
(3) What is the meaning of "containing marijuana"?
(3) What is the meaning of "containing marijuana"? (4) Based on the above, please clarify what "plant fragments containing marijuana" means.
(5) How many grams of "marijuana" are there?
The Cannabis Control Law defines "cannabis" in Article 1 as "Cannabis sativa eru and its products", and the current Cannabis Control Law regulates only the species called Cannabis sativa eru. The current Cannabis Control Law regulates only the Cannabis sativa El species and has nothing to do with whether or not it contains THC, which is considered to be the pharmacological component of cannabis.
Therefore, in this case, the prosecutor needs to prove that the plant fragment in question is a hemp seed called "Cannabis Sativa El", which was discovered by Linne in 1953 in the above sense. In the present case, the prosecution must allege and prove that the plant fragment in question is the "Cannabis Sativa El" hemp seed discovered by Rinne in 1953 in the above sense.
Petition for Clarification 2
Item 1.
As a precondition to asserting my legal opinion, I would like you to clarify why the act of possessing marijuana plants infringes on the "protection of the public's health and hygiene," which is a protected legal interest under the Marijuana Control Law.
Reason for the request for clarification
The most important values that must be respected in the lives of citizens are the life, body, and property of individuals, as well as the freedom of thought, expression, taste, and preference. These are fundamental human rights, and are the core content of the modern Constitution. Criminal offenses, by the way, impose restrictions on physical freedom, economic disadvantages, and deprivation of social status on those who violate them, which is a violation of human rights for those who are subjected to them. Therefore, the imposition of criminal penalties on citizens must be limited to cases where concrete social damage has been proven.