Grower fights against raid

Cannabis grower vs. austria. Police failure at a cannabis plantation in vienna could cost the state more than 200.000 euros. This was the experience of the Vienna police, who last year carried out a large-scale drug raid on the plantation hall of a hemp grower in Vienna-Liesing.
Photo by Matteo Paganelli on Unsplash
Vienna – Not everything called hemp is illegal. This was the experience of the Vienna police, who last year carried out a large-scale drug raid on the plantation hall of a hemp grower in Vienna-Liesing. Around 1,800 suspicious plants were uprooted by the authorities at the time – unjustly, as the operator already claimed at the time. From his plants, permitted CBD products such as aroma oils for cosmetics would be produced. The company was also registered with Agrarmarkt-Austria (AMA).

Financial Procurator’s Office declined

According to the “Kurier” a newspaper in austria, the vienna administrative court has now also determined that the extent of the police deployment was not justified. However, the operator’s claim for damages has been rejected by the Austrian Financial Procurator’s Office for the time being. Now the case is going to the court. A few days ago, a lawsuit was filed against the Republic of Austria, as the hemp grower confirmed on thursday.

Many police students there

Specifically, more than 200,000 euros are at stake – that’s how much damage is said to have been caused by the police operation, to which many police students were also assigned in the summer of 2020. For the company, which has received funding from the EU and the City of Vienna, this is an existential loss, says the operator.

The original police operation at the time took place at another address in the area. In the course of the follow-up inspection, the police officers came across an open door from which the smell of cannabis was emanating.

No court permission

Reinforcements were then requested and, due to imminent danger, action was taken without judicial authorization. This assumption that action had to be taken quickly is also supported by the State Financial Procurator’s Office, which cannot recognize any “unlawful and culpable conduct on the part of federal bodies”.

The Administrative Court concludes that the destruction of exactly 1,792 plants, which took about 40 officials several hours, was not necessary. There had never been any danger of the evidence being destroyed because so many plants could not simply have been smuggled out of a hall with only two doors without being noticed. It would have been sufficient to confine oneself to the 120 plants that had been taken for sampling.

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