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He pulled the forbidden plants at home ready for harvest, she helped with watering: A couple from Holzkirchen had to answer to the local court because of the cultivation of marijuana. Both were convicted.
Holzkirchen – According to the indictment, 375 grams of marijuana were harvested in a room in the couple’s house. The defendant consumed a large part himself, but in September 2019 the 31-year-old is said to have sold part of his harvest to a man on four occasions with the intention of making a profit – a total of 90 grams for 900 euros. His wife (28) is said to have helped him by watering the plants when he didn’t have time.
After a legal interview at the beginning of the hearing at the Miesbach district court, the Holzkirchner was promised a suspended sentence – against a confession. “The deeds are fully admitted,” said defender Tom Heindl for the 31-year-old. But he denied commercial trade.
“If I had known what kind of effects that little watering would have …”
Lawyer Sabrina Philipps also explained on behalf of her client that she would grant help with the cultivation. The in-house production of the drug is said to have largely had a medical background. “Her husband suffered from depression,” explained Philipps. Since no one wanted to prescribe him marijuana, they would have grown it themselves. “My client didn’t want that,” said Philipps. “But she saw that consumption was good for her husband, and she tolerated it.”
The fact that the 31-year-old had resold part of the fact that the woman from Holzkirchen only got wind of it later. “If I had known what effects that little watering had, then I would never have done it,” said the defendant herself.
“I was diagnosed with psychosis, which is why I started growing my own grass,” confirmed the Holzkirchner. “I haven’t used anything for two years.” He had never tried any other drugs – “my wife not even marijuana,” he added.
District court sentenced Holzkirchner to probation
Although 375 grams is not a small amount, the prosecutor emphasized in favor of the couple that their confession had spared major evidence and that both were first-time offenders. For the 31-year-old, she demanded a prison sentence of one year and six months on probation as well as a monetary requirement of 2500 euros, the confiscation of the compensation of 900 euros and three drug screenings. In the case of his wife, the prosecutor pleaded for a fine of 110 daily rates.
Since his client had “distanced himself from drugs for a long time” and the consumption was only due to an illness, lawyer Heindl saw a suspended sentence of one year and four months as sufficient. Philipps tried to reduce the fine for the 28-year-old to 80 daily rates: “She had absolutely no profit from it and only found out about the resale of the drugs after she had already watered the plants.”
Judge Walter Leitner sentenced the 31-year-old to one year and five months’ imprisonment. The Holzkirchner also has to pay 1500 euros as a monetary supplement to a social institution. His wife got away with 90 daily rates at 15 euros each. “Trading in four cases with a gram price of ten euros – that is not enough to assume commercialism,” said the judge. The 31-year-old has to undergo three drug screenings. Here the Holzkirchner can now prove whether he actually lives drug-free.
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