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2024-10-22

Case Studies | Drug | Successfully Secured Probation for Use of Schedule II Narcotics (Marijuana)

二級毒品 緩刑 律師 地檢署 大麻


Relevant Legal Provisions

 

Article 10, Paragraph 2 of the Narcotics Hazard Prevention Act

Those who use Schedule II narcotics shall be sentenced to imprisonment of not more than three years.

Article 57 of the Criminal Code

In sentencing, the punishment should be based on the offender's responsibility, taking into account all circumstances, especially the following factors, to determine the severity of the sentence:
  1. The motive and purpose of the crime.
  2. The stimuli the offender received at the time of the crime.
  3. The means of committing the crime.
  4. The offender's living situation.
  5. The offender's character.
  6. The offender's level of intelligence.
  7. The relationship between the offender and the victim.
  8. The degree to which the offender violated their obligations.
  9. The danger or harm caused by the crime.
  10. The offender's attitude after the crime.
 


Facts and Reasons


Our client (the defendant) used marijuana (a Schedule II narcotic) in a certain bar. Due to involvement in another case, the defendant was arrested by the police during the investigation and agreed to provide a urine sample for testing. The test results confirmed positive for drug use, which is consistent with the facts of the case.


Prosecutor's Disposition


The defendant has fully admitted to the facts of the crime and voluntarily consented to the urine test. The defendant has shown deep remorse and is willing to participate in the prosecutor’s drug harm reduction program to gradually overcome their drug addiction. The defendant was evaluated by a designated hospital, and it was determined that they should participate in addiction treatment. Therefore, the investigation concluded, and the prosecutor deemed a deferred prosecution as appropriate.


Defense Attorney：Vincent Huang、Ian Ya

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