- I was questioned by police officers on a street in Minato-ward, Tokyo, and marijuana was found in in my pocket. I got arrested on the spot on suspicion of possession of cannabis by the police officers of Azabu Police Station of the Metropolitan Police Department…
- I grow cannabis in an apartment in Adachi-ward, Tokyo. Nishiarai Police Station of the Metropolitan Police Department confiscated 24 cannabis plants after searching the apartment. I got arrested on the spot for cultivation of cannabis…
1. Case of Violation of the Cannabis Control Act
“Cannabis Control Act” provides for penalties for crimes relating to cannabis. Cannabis is also called marijuana. There are cases that a person bought seeds of cannabis plants abroad, brought them back to Japan, and cultivates them in secret because some countries legalize the use of cannabis. However, smuggling cannabis into Japan itself is punished as a crime.
The Cannabis Control Act provides for penalties for not only cultivation, import, export, possession, receipt, and delivery of cannabis but also providing funds, lands, and raw materials.
Unlike the Stimulants Control Act, the Cannabis Control Act does not provide for penalties for use of cannabis. Understandably, a person often possesses or receives cannabis to use it, so it’s quite possible for the person to receive punishment for these acts.
▼List of Criminal Punishment & Statutory Penalty in Case of Violation of the Cannabis Control Act
| Charged Offense | Criminal Punishment & Statutory Penalty |
| Possession, receipt, delivery (Article 24-2(1)) | Imprisonment with work for not more than 5 years |
| Possession, receipt, delivery for profit (Article 24-2(2)) | Imprisonment with work for no more than 7 years, or, in light of the circumstances, imprisonment with work for no more than 7 years and a fine of no more than 2,000,000 yen |
| Cultivation, import, export (Article 24(1)) | Imprisonment with work for not more than 7 years |
| Cultivation, import, export for profit (Article 24(2)) | Imprisonment with work for no more than 10 years, or, in light of the circumstances, imprisonment with work for no more than 10 years and a fine of no more than 3,000,000 yen |
| Preparation for cultivation, import, export for profit (Article 24-4) | Imprisonment with work for not more than 3 years |
*Maximum definite term of imprisonment with work is 20 years (Article 12(1) of the Penal Code). In a certain case such as consolidated punishment, the maximum term is 30 years.
2. Feature of Cannabis Case
Regarding crimes relating to cannabis, the number of arrests is extremely numerous, especially young people. It is also characterized by huge number of perpetual offenders. Most of recent cannabis cases are charged for possession and cultivation of cannabis. In a case of violation of the Cannabis Control Act, the suspect is often arrested and detained in order to prevent destruction of evidence, and is highly likely to get a prison sentence once prosecuted; except, possession for a first offense.
~Defense in Case of Violation of the Cannabis Control Act~
1. Assertion that the offender did not have awareness that it was illegal
Violation of the Cannabis Control Act is an intentional crime. Therefore, it is an important point whether the offender understood that it was an illegal drug when he/she committed the crime. In case where the offender did not notice the existence of drug such as cannabis or understand that it was an illegal drug, a lawyer asserts and establishes such circumstance based on objective evidence. If these assertions were accepted, there is a possibility to get a decision not to prosecute or acquittal because a crime such as possession of cannabis cannot be established. Once a public prosecutor decides not to prosecute the suspect, he/she will not have a criminal record, and can early return to society.
If you or your family got arrested and detained for violation of the Cannabis Control Act, please consult a lawyer promptly. The lawyer will decide on a policy and do defense after comprehending the whole picture of the case.
2. For suspended sentence
In case of violation of the Cannabis Control Act, the case could end with suspended sentence as long as the accused is a first offender. However, where the accused committed the crime for profit or smoked a lot of cannabis, a harsh punishment can be handed down. Besides, the recommitment increases the possibility of prison sentence because cannabis users commonly repeat an act violating the Cannabis Control Act.
For suspended sentence, a lawyer persuasively assets that the community rehabilitation is fully possible by organizing the environment that enables the accused to keep away from drug.
3. For release
It can be said that physical restraint, in the case of violation of the Cannabis Control Act, tends to continue for a long period of time, from arrest, detention, prosecution, detention after prosecution. It is because that there is objective evidence of the crime concerned and a need to clarify the route of cannabis acquisition, and there is a risk to destroy or conceal evidence if there is/are an accomplice(s).
A lawyer who has rich experience in the case of violation of the Cannabis Control Act makes an appeal against ruling on detention from the stage of arrest/detention. After prosecuted, the lawyer defends to release the accused such as making the request for bail. Prolonged detention gives an evil influence on the following rehabilitation, so the lawyer does defense to release the suspect/accused as early as possible.
You can receive the best advice from lawyers who have rich experience in the case of violation of the Cannabis Control Act at AICHI Criminal Cases Law Firm.
Lawyers specializing in criminal and juvenile cases provide with “the free consultation”. Where the suspect is arrested, we also provide for “the first interview service” that our lawyer, at the shortest on the day, goes to a detention cell where the suspect is detained to have an interview.
