Acquittal and Non-Prosecution Decision for American Expat in South Korea CBD Oil Case

제목에 criminal 단어들어가게 바꿔주세요.(제목은 신문사의 뉴스처럼 대제목+요약 한 줄 이렇게도 가능하도록 구조 만들어져 있습니다. 

This is a successful case of marijuana acquittal that resulted in a non-prosecution decision after a criminal trial that almost led to the indictment of the client on possession charges related to CBD oil.

Overview of the Case

The client was an American expatriate who had been visiting South Korea to see his girlfriend. While passing through Incheon International Airport, the customs officials discovered that he had in his possession CBD oil, which led to suspicions of drug possession under the Narcotics Control Act, and an investigation began against him.

 

Client’s Situation and Background on the Use of CBD Oil

The client, a model citizen with no criminal history in the United States or South Korea, was suffering from a medical condition and had been using CBD oil, as well as CBD chocolates and cartridges, for pain relief. These products were legally permitted marijuana products in the United States, but not in South Korea, and the client did not know that possessing or importing them was illegal.

Criminal prosecution for classification and punishment under the Narcotics Control Act of Korea

The Narcotics Control Act in South Korea categorizes narcotics as ‘narcotics,’ ‘cannabis,’ and ‘psychotropic drugs’ and punishes them differently. According to the Act, smoking cannabis can result in imprisonment of up to five years or a fine of up to KRW 50 million, and injecting it can result in imprisonment of up to ten years or a fine of up to KRW 100 million. Possession or storage of marijuana is also subject to punishment similar to smoking or injecting, so caution is required.

Role of the Lawyer and Easing the Client’s Anxiety

The client, facing criminal punishment for the incident, sought the help of a lawyer from our Lee & Lee Law Firm, as he was afraid of being interrogated by the South Korean police and prosecutor due to his lack of proficiency in Korean.

Prosecutor’s Conclusion and Lawyer’s Strategy

our English-speaking attorney had a lot of experience in similar cases involving CBD oil, he accompanied the client from the police investigation stage to ensure that the client was at ease. During the prosecutor’s investigation stage, the attorney argued that the client did not intentionally possess or distribute marijuana using various evidence.

Ultimately, the prosecutor made a non-prosecution decision, stating that the client unintentionally committed the offense due to a mistake.

Post category
Business hour

Mon-Fri 9:00AM – 18:00PM
(GMT+9 / Korea, Seoul time)

Worldwide Capabilities with Local Execution
Contact to
info@testen.lawfirmleeandlee.com