Penalty for production and storage of cannabis – community sentence
Supreme Court judgment 26 June 2020, HR-2020-1349-A, (case no. 20-053734STR-HRET), criminal case, appeal against judgment.
A (Counsel Halvard Helle) v. The Public Prosecution Authority (Counsel Per Eirik Vigmostad-Olsen)
Justices: Matningsdal, Noer, Bergsjø, Arntzen, Thyness
The penalty for violations of section 232 subsection 1, cf. section 231 subsection 1, cf. section 16 of the Penal Code, and section 232 subsection 1, cf. section 231 subsection 1 of the Penal Code was 329 hours of community sentence, alternatively 11 months of imprisonment. The convicted person had grown cannabis plants that could potentially give 1.5 kilos of smokable material, and stored around 1.9 kilos or dried plant material. The Supreme Court stated that the penalty as a starting point was eleven months of imprisonment, after reduction for confession and delay. However, decisive importance was attached to strong rehabilitation considerations. The convicted person had been sober for more than a year, moved, found a job and severed the contact with his former acquaintances.