ESTONIAN COURT FINDS TWO GUILTY IN MAJOR CANNABIS SMUGGLING

The Pärnu County Court has found Age-Theresa Tammaru and Raigo Sõkkal guilty of the illegal handling of a significant quantity of narcotic substances. Tammaru was also convicted of the illegal possession of a firearm. Their defense attorney has indicated they will likely appeal the verdict.

Tammaru received a sentence of three years and two months imprisonment, with time served in pre-trial detention deducted. The remaining sentence was conditionally suspended for two years, five months, and 13 days, with a probation period of three years and six months.

Sõkkal was sentenced to three years in prison. The court also added a previously suspended sentence of one year, six months, and 12 days to his term. Time spent in pre-trial detention will be deducted. The remaining sentence was conditionally suspended for three years, four months, and 12 days, with a probation period of four years and eight months, during which he must adhere to behavioral monitoring.

The probation period for both defendants commenced on March 12th. The court ordered the confiscation of the seized narcotics and a smoothbore hunting rifle.

Tammaru is required to pay procedural costs amounting to €6,090, while Sõkkal must pay €11,318.

The prosecution, which had sought stricter penalties, will review the court's reasoning before deciding whether to file an appeal.

Silver Reinsaar, the defense attorney for Tammaru and Sõkkal, stated that an appeal to a higher court is probable.

"Establishing criminal liability necessitates proving intent. The defense maintains that the defendants believed the THC content in the cannabis did not exceed legal limits. This case differs from typical drug trafficking scenarios as the THC levels only marginally surpassed the permitted 0.3 percent threshold, not reaching concentrations found in street cannabis. This suggests a lack of intent to handle illegal cannabis. While the court did not accept this argument, such evidence was presented. The oral justification lacked explanations contradicting the defense's position. Without the written decision, further comment is not possible," Reinsaar explained.

Background of the Case

Tammaru and Sõkkal faced accusations of illegal possession, storage, and handling of substantial amounts of various narcotic substances. These included cannabis (as well as a cannabis and tobacco mixture) and its processed products with THC levels exceeding 0.3 percent, psilocybin-containing mushrooms, mescaline-containing plant material, and traces of mescaline-containing cactus. The charges alleged coordinated action between the two defendants.

The case involved approximately 6.3 kg of substances, primarily cannabis and its derivatives. Tammaru was also charged with the illegal possession of a firearm. The court did not find sufficient evidence to convict the defendants of acting as part of an organized group.

During the trial, it was undisputed that Tammaru had been cultivating cannabis and producing cannabis-based products for an extended period. She claimed her objective since 2016 was the cultivation of CBD cannabis.

However, the court concluded that Tammaru was aware that at least some of the cannabis and its processed products contained THC levels above the legal limit. This conclusion was supported by annual tests commissioned by Tammaru since 2016. These tests, analyzing dry matter, paste, extract, and cannabis flowers, consistently showed THC levels exceeding the permitted threshold. The court stated that these annual tests contradicted the defense's claim of potential unawareness of the THC content, determining that Tammaru acted with at least indirect intent.

Regarding Sõkkal, the court established that he had resided with Tammaru at her farm since early March 2022. Evidence showed he possessed and stored 56.7 grams of cannabis leaves, flowers, stems, and ground cannabis with THC levels ranging from 0.93 to 6.5 percent in a guest room drawer. Additionally, he possessed a mixture of ground cannabis and tobacco with a THC content of 2.1 percent.

Cannabis (excluding EU-registered industrial hemp varieties with THC levels below 0.3 percent) and its processed products, along with mescaline and psilocybin, are classified as narcotic and psychotropic substances under Estonian law. Neither defendant possessed the necessary permits to handle these substances, and Tammaru lacked a firearms license.

The court's ruling is not yet legally binding.