On March 25th, on the Ministry of Public Security's online portal, the Ministry responded to a citizen's inquiry regarding the issue of exploiting the cultivation and use of hemp to commit drug-related offenses, stating that such actions would be subject to administrative or criminal penalties depending on the specific circumstances.
"From what I understand, hemp is a plant with high economic value, which can be used in textiles, oil pressing (with value comparable to olive oil), handicrafts, fertilizer, fuel, etc. However, hemp belongs to the same family as cannabis, although its THC content is very low and it has been permitted in many countries. So I would like to ask about the regulations of Vietnamese law regarding the cultivation and production of hemp products? If cultivation is permitted, what are the specific procedures and regulations?", a resident inquired.
In response to the question, the Ministry of Public Security stated that hemp, also known as flax, scientifically named Cannabis Sativa, belongs to the Cannabinaceae family and is a plant containing stimulants. Hemp's main components are Cannabidiol (CBD) and Delta-9-Tetrahydrocannabinol (THC), a narcotic substance regulated by Government Decree No. 57/2022/NDCP dated August 25, 2022. However, the concentration of this substance in hemp is usually low, below 0.3%.
In appearance, hemp is quite similar to cannabis, but cannabis's main component is THC.
According to Decree No. 57/2022/NDCP, hemp is not among the prohibited plants. However, according to Article 247 of the 2015 Penal Code, as amended in 2017, hemp falls under the category of "other plants containing narcotic substances".
Therefore, the process of handling cases requires identifying the specific plant species (scientific name identification) for samples suspected of being hemp or cannabis.
In the case of hemp, it is necessary to determine the specific purpose and actions of the subject.
In cases where hemp and hemp products are grown and used for civilian purposes such as weaving, animal feed, or fuel, no administrative or criminal penalties will be applied.
In cases where individuals exploit the cultivation and use of hemp and hemp-derived products with the subjective intent of exploiting addictive substances, enticing, inciting, or organizing their use for purposes other than livelihood, culture, or tradition, and committing acts that violate drug laws, the specific actions will be considered for administrative or criminal prosecution depending on the particular circumstances.
TM
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