The typical conduct consists of executing acts of culture, elaboration or traffic or otherwise to promote, to favor or to facilitate the illegal drug consumption or to own them with those aims. a) Culture, elaboration or traffic. – The acts of culture, elaboration or drug traffic do not pose special problems. Perhaps solely, on the one hand, regarding the more and more frequent culture of plants of marijuana and on the authenticity or not of the possession of the seeds and equipment for seedtime and, on the other, on the traffic acts and what concepts are included in the same. 1.a) The culture. – The culture of the cannabis plants sativa when it intends the own consumption is not typical, according to a repeated jurisprudence, but when it exceeds the amounts indicated by the National Institute of Toxicology as own of the normal consumption of a person, then this conduct yes is encuadrable in the type of Art.
368, interjection 1. Therefore, in the case of occupation of plants to an individual, to determine if the same are or no for the own consumption it will be necessary to calculate: a) First of all, the weight of the same and to discount those nonexcellent parts (earth, roots, trunk and branches) that habitually pays attention to a 40%. b) The consumption is of the dry parts reason why next it is necessary to discount between 80 and a 85% of water of the plant. c) The resultant, without being a mathematical criterion, since it would have to be put under on approval expert in each tactical mission, will be the part of the consumable plant like marijuana and that amount is the one that will be to consider to appreciate if the drug were for own consumption or no. For example: We find 20 plants that weigh 50 kg altogether (including trunk, roots and others).