Zaragoza, December 15, 2020
Unión Verde’s industrial warehouse crop has been considered legal. But two of the “owners” have been convicted of a crime against public health. The sentence has substantially lowered the claim of the prosecution. The latter requested 37 years in prison and a 48 million euro fine, since it was alleged that the cultivation pursued the same purposes as a criminal organization.
Nonsense with explanation?
The company Unión Verde S. L. was born in June 2017 by the hand of Juan José L. M., its corporate name being the wholesale trade of cereals, tobacco, seeds, food for animals, flowers and plants. It is owned by five people, the aforementioned businessman and four citizens of Dutch nationality.
Shortly after starting its activity, the company informed the Seprona of the Civil Guard and the Diputación de Aragón about the sowing and cultivation in greenhouses of industrial hemp (fiber, grain and hemp flowers) of the Cannabis Sativa species, in its five following varieties : Kompolti, Tiborszallasi, Antal, Carmagnola and Fedora; all of them low in tetrahydrocannabinol (THC, the psychoactive component) and approved by the European Union.
Therefore, the company informed the authorities of its activity, which does not correspond in any way to the methods of a criminal organization, providing all the documentation as well as a clinical analysis of the CTAEX company. Which certified that the THC percentage of the plants was lower than the limit established in Spain for the legal cultivation of hemp: 0.2%.
Problems in Paradise
But once production started, and after having obtained a first portfolio of clients, including public institutions of the State, the owners faced a serious problem: recurrent robberies at the facilities.
Given this situation, it was decided to hire security personnel, but the robberies continued, and as some of them were aggravated by the use of weapons, the company decided to report the events to the Civil Guard and the security guard was dispensed with. But this worker, before being fired, denounced to the Civil Guard that cannabis was being grown illegally in the warehouse, beyond industrial trade, since “it smelled more than necessary.”
The agents appeared in the warehouse and proceeded to collect a sample with the administrator’s authorization. In total, 27 plants of different types of Cannabis Sativa were seized, which were sent to the Laboratory of the Health Area of the Subdelegation of Zaragoza.
From the result of the analysis, it was found that THC ranged from 0.1% to 1.4%. In numbers, about 1,090 kilos intervened with an active principle higher than allowed. The counter-analysis presented by Unión Verde, on the other hand, continued to offer results below 0.2%.
Despite the situation, the company was able to continue its activity while the destruction of the confiscated amount was processed. The Civil Guard drew up an inventory and suggested that the administrator keep the buds (flowers) ready for sale in order to prevent further thefts.
Following the advice of the Civil Guard
Everything and the existence of this report, months later in a registry, the following occurred: when comparing the quantities produced with those present in the factory, the numbers did not add up, to which the administrator argued that they took part of the buds to the house existing inside the facility to prevent theft, as the Civil Guard had advised in the previous report.
“Hidden” in a false ceiling were 340 kilos of buds, with a market value of 456,620 euros. As a result, the prosecutor in the case accused Juan José LM and Paul Bernardus K. of a crime against public health and demanded the dissolution of the Unión Verde company. The court, finally, has recognized the crime of health, although questionable and with the possibility of recourse, but has rejected the claim of the prosecution to dissolve the company.
The court, finally, has recognized the crime of health, although questionable and with the possibility of recourse, but has rejected the claim of the prosecution to dissolve the company.
The attorney for the accused, José Cabrejas, was “satisfied” because the legality of the plantation is recognized. In addition, the criterion of the Supreme Court is validated, in which it is held that with seeds certified by the EU that guarantee a TCH below 0.2%, a margin of error of 5% is accepted.
In any case, the lawyer is already preparing the appeal to try to exonerate his two clients, who only limited themselves to protecting the buds “inside the ship” to prevent further thefts.