14 340 odsłon

Fifka i marihuana do odbioru na komisariacie

– Policja rok temu zatrzymała mnie za posiadanie marihuany, a teraz chce mi oddać lufkę wraz z zawartością – mówi młody Lublinianin. – To absurdalna sytuacja! Jak prokuratura może dawać mi narkotyki? Przecież teraz mogę pójść na komisariat, odebrać fifkę i po chwili policja znowu mnie zatrzyma!

Problemy lublinianina zaczęły się rok temu, gdy w Ostrowcu Świętokrzyskim został zatrzymany za posiadanie narkotyków.

Policjanci znaleźli przy nim napełnioną szklaną lufkę. Śledztwo zostało umorzone ze względu na małą ilość narkotyków. Teraz chłopak otrzymał pismo z prokuratury, w którym stwierdzono, że dowód rzeczowy, czyli fifka wraz z suszem roślinnym, zostanie mu zwrócony. Po swoją własność ma się zgłosić na komisariat w Lublinie.

Gdyby prokurator miał pewność, że susz roślinny zawiera nielegalne substancje, nie mógłby zwrócić oskarżonemu narkotyków – tłumaczy prokurator Dorota Kawa. – Zgodne z prawem jest natomiast umorzenie śledztwa ze względu na niewielką ilość posiadanego narkotyku – dodaje.

Od 9 grudnia ub.r. obowiązują przepisy, w myśl których prokurator może zrezygnować z ukarania osób przyłapanych na posiadaniu niewielkiej ilości narkotyków na własny użytek. W Lublinie dotychczas umorzono ok. dziesięciu postępowań.
Dyskusje wokół legalizacji marihuany nie milkną, a problem narasta. Od stycznia do lip-ca br. zatrzymano 1442 osoby podejrzane o przestępstwa narkotykowe. Rok temu w analogicznym okresie było to 1407 osób. Wzrosła również liczba osób, które usłyszały zarzuty. Wśród nich było 135 nieletnich.

Jak tłumaczy Waldemar Pionka, prokurator rejonowy w Ostrowcu Świętokrzyskim, gdzie wydano decyzję o umorzeniu sprawy i zwróceniu dowodów rzeczowych, susz roślinny może zostać wydany, gdyż nie ma dowodów na to, że jest to marihuana. – Jak wynika z akt, mężczyzna, któremu przedstawiono zarzut posiadania środka odurzającego, przyznał się do winy, ale skorzystał z prawa do odmowy składania wyjaśnień, ograniczył się do wyrażenia woli dobrowolnego poddania się karze. W trakcie zarządzonych przez prokuratora badań laboratoryjnych okazało się jednak, że ilość kwestionowanego suszu wynosi jedynie 0,08 g. Na ściankach lufki znaleziono ślady tetrahydrokannabinolu (THC) w ilości 0,04 g – tłumaczy Pionka. – Biegły przy takiej ilości nie mógł stwierdzić, czy susz to konopie indyjskie, czy inna roślina niezakazana przez prawo. Dodatkowo biegły lekarz patomorfolog stwierdził, że nawet gdyby susz pochodził z konopi indyjskich, ilość zawartego w nim THC byłaby niewystarczająca do wywołania efektu odurzenia.

Pionka twierdzi, że zwrot byłemu podejrzanemu przedmiotów jest zasadny.

A co, jeśli odbiorę swoją lufkę i susz, zatrzyma mnie policja i tester znowu wykryje, że posiadam marihuanę? – pyta Czytelnik. Jak mówi prokurator, w tej sytuacji mężczyzna powinien przedstawić policji niezbędne dokumenty. – Jeśli będzie „uzbrojony” w prawomocne decyzje prokuratorskie, nie musi się obawiać odbioru fifki i śladowych ilości suszu z nieustalonej rośliny od organu, który te przedmioty od niego zabezpieczył – zapewnia.

Z powodu śladowych ilości narkotyku lubelska prokuratura umorzyła w tym roku około 10 spraw.

via: Kurier Lubelski



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