A cannabis club and mistake as to unlawfulness

Supreme Court · Second Chamber (Penal) · 2018

What the Supreme Court considered and decided

Following constitutional protection proceedings, the court acquitted association members after reconsidering their knowledge of unlawfulness. It could not rule out an unavoidable belief that the activity was legally tolerated.

What this helps explain

Acquittal by mistake does not declare any activity of a cannabis club lawful or authorize its reproduction.

Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.