Autor: Bogdan Buneci, Eduard Constantin
Publicat în: Revista Universul Juridic nr. 1/2021
Articol disponibil online: aici.
Abstract: The increase of ethnobotanical products on the Romanian market has caused, in many cases, the examination of certain criminal casefiles regarding the drugs law when products with a low content of tetrahydrocannabinol (THC) were being sold, according to the legal provisions, being available to sale. The lawfulness of sale of these products is provided for in many legal provisions adopted at the European level and mandatory for the domestic law, as well as in the domestic dense legislation which many times generates confusions, without indicating the concrete manner in which a difference could be made between the products with a low content of THC and the products falling within the drugs regime. Judicial practice applies the legal provisions differently, so that a clear regulation is necessary to concretely define the products with a low content of THC, not falling within the scope of certain offences provided for in Law no. 143/2000, as republished.
Keywords: cannabis, varieties of hemp, food products, new food product, sale of seed,
cannabidiol(cbd), European Commission, judicial practice, contravention, offence.
