Disclaimer - Commercial Information
This site is dedicated to the presentation of cannabis seeds. These seeds are excluded from the legal notion of Cannabis, which means that they are not to be considered a narcotic substance ( L. 412 of 1974, art. 1, paragraph 1, letter B; New York Single Convention on Narcotic Drugs of 1961 and Table I Ministry of Health Decree 11 April 2006 ).
In Italy the cultivation of Cannabis is prohibited ( articles 28 and 73 of Presidential Decree 309/90 ) if you do not have a specific authorization ( article 17 of Presidential Decree 309/90 ). Therefore the seeds present on this site may be used exclusively for collecting purposes and for genetic preservation , and sale is permitted only to adult customers .
These seeds are marketed with the reservation that they are not used by third parties in conflict with the law. The manufacturer and seller of these items are relieved of any liability arising from the improper use of the products supplied by them.
Any information contained on this page, on brochures, on packaging and promotional material is for informational purposes only and is in no way intended to condone, promote or incite the use of illegal substances or violation of the law.
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At the time of confirming the order, each consumer declares to be of age and to have read the legal notes contained on this page, relieving the Akacia company from any liability.
In particular, he declares to have received from "Akacia di Lavia Marika Olga" full and complete information on the ban on the cultivation of all seeds supplied by "Akacia di Lavia Marika Olga" established in Italy by art. 28 and 73 of Presidential Decree 309/90 , if the consumer is subject to Italian law.
If subject to the laws of a foreign state, the consumer declares that there are no legal impediments such as, by way of example, bans, special requirements, authorizations or otherwise to import and possess cannabis seeds, likely to generate, if cultivated, a high THC content.
The consumer must refer to and comply with the laws governing the cultivation of cannabis seeds in the state in which he resides.
“Akacia di Lavia Marika Olga” transfers its seeds to third parties with the reservation that they are not used in conflict with the laws to which the third parties are subject, and is relieved of any and all liability deriving from the improper use of its products. provided.
For the purpose of more complete information, the full text of the articles is shown below . 28 and 73 of the Presidential Decree of 9 October 1990, n. 309, containing "Consolidated law on the regulation of narcotics and psychotropic substances, prevention, treatment and rehabilitation of related states of drug addiction:
Article 28 ( Law 22 December 1975, no. 685, art. 28 – decree-law 22 April 1985, no. 144, converted, with amendments, by law 21 June 1985, no. 297, art. 3, paragraph 4 – law 26 June 1990, n. 162, art. 32, paragraph 1 )
Sanctions
- Anyone who, without being authorized, cultivates the plants indicated in article 26 is subject to criminal and administrative sanctions established as illicit manufacturing of the substances themselves.
- Anyone who does not comply with the provisions and guarantees to which the authorization is subject is punished, unless the act constitutes a more serious crime, with imprisonment of up to one year or with a fine of €. 500 to €. 2,000.00.
- In any case, illegally grown plants are seized and confiscated. The provisions of Article 86 apply.
Article 73 ( Law 26 June 1990, n. 162, art. 14, paragraph 1 )
Illicit production, trafficking and possession of narcotic or psychotropic substances
- Anyone who, without the authorization referred to in Article 17, cultivates, produces, manufactures, extracts, refines, sells, offers or offers for sale, transfers, distributes, trades, transports, procures for others, sends, passes or sends in transit , delivery for any purpose of narcotic or psychotropic substances referred to in Table I provided for in article 14, is punished with imprisonment from six to twenty years and with a fine of between 26,000 and 260,000 euros.
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BIS. Anyone who, without the authorization referred to in Article 17, imports, exports, purchases, receives for any reason or in any case unlawfully holds:
1. narcotic or psychotropic substances which in quantity, in particular if higher than the maximum limits indicated by decree of the Minister of Health issued in agreement with the Minister of Justice after consulting the Presidency of the Council of Ministers - National Department for Anti-drug Policies, or in terms of of presentation, having regard to the overall gross weight or divided packaging, or due to other circumstances of the action, appear intended for non-exclusively personal use; - medicines containing narcotic or psychotropic substances listed in table II, section A, which exceed the prescribed quantity. In this latter case, the aforementioned penalties are reduced by a third to a half.
- Anyone who, having the authorization referred to in Article 17, unlawfully transfers, places or arranges for others to put on the market the substances or preparations indicated in Tables I and II referred to in Article 14, is punished with six months' imprisonment. at twenty-two years of age and with a fine of between 26,000 and 300,000 euros.
- BIS. The penalties referred to in paragraph 2 also apply in the case of illicit production or marketing of basic chemical substances and precursors referred to in categories 1, 2 and 3 of Annex I to this consolidated act, which can be used in the clandestine production of narcotic substances. or psychotropic substances provided for in the tables referred to in Article 14.
- The same penalties apply to anyone who cultivates, produces or manufactures narcotic or psychotropic substances other than those established in the authorization decree.
- When the conduct referred to in paragraph 1 concerns the medicinal products included in Table II, sections A, B and C, referred to in Article 14 and the conditions referred to in Article 17 do not apply, the penalties established therein are applied, reduced by a third to a half.
- When, due to the means, modality or circumstances of the action or the quality and quantity of the substances, the facts provided for by this article are of a minor nature, prison sentences of one to six years are applied.
- BIS. In the case referred to in paragraph 5, limited to the crimes referred to in this article committed by a drug addict or user of narcotic or psychotropic substances, the judge, with the sentence of conviction or application of the sentence upon request of the parties pursuant to Article 444 of the Code of Criminal Procedure, at the request of the accused and having heard the public prosecutor, if he is not granted the benefit of the conditional suspension of the sentence, may apply, instead of the prison and pecuniary sentences, that of public utility work referred to to article 54 of the legislative decree of 28 August 2000, n. 274, according to the methods provided therein. With the sentence, the judge instructs the local external criminal enforcement office to verify the effective performance of the public utility work. The Office reports periodically to the judge. In derogation of the provisions of article 54 of the legislative decree of 28 August 2000, n. 274, the public utility work has a duration corresponding to that of the prison sanction imposed. It can also be arranged in private structures authorized pursuant to article 116, subject to their consent. In case of violation of the obligations connected to the performance of public utility work, in derogation of the provisions of article 54 of the legislative decree of 28 August 2000, n. 274, at the request of the public prosecutor or ex officio, the proceeding judge, or the executing judge, with the formalities referred to in the article of the criminal procedure code, taking into account the extent of the reasons and circumstances of the violation, orders the revocation of the sentence with consequent reinstatement of the replaced one. An appeal to the Court of Cassation is permitted against this revocation provision, which does not have a suspensive effect. Community service can replace the sentence no more than twice.
- If the crime is committed by three or more people in concert with each other, the penalty is increased.
- The penalties provided for in paragraphs 1 to 6 have been reduced by half to two thirds for those who work to prevent the criminal activity from leading to further consequences, including by concretely helping the police authority or the judicial authority in the embezzlement of resources. relevant to the commission of the crimes.