Prisões intensificam pedidos de liberação de cultivo caseiro de maconha

Clipadão

hempadao 2 março, 2015

Fonte: O Globo

RIO – Novos ventos sopraram na vida de X. faz quase uma década. Aprovado em um concurso público e usuário de maconha havia dez anos, decidiu que bastavam de situações de risco para ter acesso à erva e deu início a um cultivo doméstico da planta. Hoje, X. — que é policial rodoviário federal — tem 37 anos e sete pés de Cannabis florindo em um quarto de cerca de oito metros quadrados de um apartamento na Baixada Fluminense. Três tendas, reatores para lâmpadas, dutos de circulação do ar e pequenos frascos de fertilizantes integram o ambiente, composto ainda por outras dez plantas em recuperação e cerca de 20 mudas. Os números da produção, no entanto, são bem mais modestos, assegura. Discorrendo sobre a jardinagem em minúcias, X. explica que obtém cerca de 25 gramas da droga por semana e afirma que o produto é totalmente voltado para o autoconsumo. Em geral, é criado um cruzamento de Cannabis sativa e Cannabis indica. A floração ocorre de três em três meses e fungos e outras pragas podem comprometer o resultado do trabalho.

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— Quando a polícia faz uma apreensão, muitas vezes, não tem ideia de que parte das plantas é aproveitada — critica, citando episódios recentes de prisões de cultivadores classificados como traficantes. — É um absurdo focarem na parte mais fraca do problema. Deveriam procurar criminosos de verdade.

O discurso do policial — membro da Law Enforcement Against Prohibition (Leap), organização de agentes da lei que se opõem à chamada guerra às drogas — vem sendo repetido na voz de outros adeptos ao plantio e se intensificou este ano, juntamente com o cerco à prática. Há uma semana, foi preso, em Miguel Pereira, no Centro Sul Fluminense, André da Cruz Teixeira Leite, o Cerd, um dos fundadores da banda de rap Cone Crew Diretoria. Enquanto cultivadores apontam injustiça na prisão, afirmando que o músico teria apenas quatro pés de Cannabis em casa, a Polícia Civil do Rio argumenta que foram encontrados 1,5 quilo de maconha, triturador da droga, material de endolação e embalagem, além de radiotransmissor. Foi ao menos a quarta prisão do tipo no Estado do Rio, desde janeiro. Em três delas, o flagrante ocorreu depois de denúncias.

— Muito jovens decidiram parar de comprar do tráfico para não sustentar o crime, e há um crescimento do debate acerca da legalização. Setores conservadores, que não querem mudança, estão reagindo — opina o vereador do Rio Renato Cinco (PSOL), um dos organizadores da Marcha da Maconha. Ele aderiu à campanha #LiberdadeaosCultivadores na internet e, em três dias, recebeu quase 14 mil curtidas e dois mil compartilhamentos em um post no Facebook. — A polícia é muito demandada, e escolher esse tipo de prioridade tem a ver apenas com um viés ideológico.

DOBRAM CADASTROS EM SITE ESPECIALIZADO

Números dão pistas sobre a popularização do plantio a que o vereador se refere. Em cinco anos, saltaram de 30 mil para 63 mil os inscritos no site Growroom, referência no Brasil em informações sobre cultivo e uso medicinal da Cannabis. Assim como o morador da Baixada, o advogado Y., de 40 anos, é um deles. Em uma casa na Região dos Lagos, ele mantém 20 plantas de maconha em flor num quintal, ao lado de pés de amora, figo e acerola, entre outras espécies.

— Sou hiperativo, e a maconha permitiu que eu deixasse de tomar remédios. A lei está errada ao proibir uma escolha minha. Antes de plantar, a única coisa que fazia com que eu me sentisse mal era chegar numa favela cheia de homens armados e perceber que estava alimentando aquele ciclo vicioso do crime. Com as regras atuais, o Estado garante o monopólio dos traficantes. Nós buscamos uma alternativa a esse mercado, além de nos preocuparmos em consumir um produto com uma qualidade melhor. Por essa escolha, tenho medo todo dia e deixo de dormir — lamenta o advogado, que guarda a produção trimestral em recipientes para manter a erva longe da umidade.

A justificativa é usada também por iniciantes na prática. Um morador da Zona Sul, de 40 anos, também dono de uma casa na Região Serrana do Rio, conta que começou a plantar há alguns meses, como experiência.

— Quero entender o processo para, no futuro, depender menos do tráfico para fumar. Consumo menos de 25 gramas por semana. Comecei com duas mudas em casa, uma delas secou. A outra tem quatro meses, mas ainda não floriu. É complicado. Você precisa cuidar da planta durante um bom tempo sem saber se vai dar certo. Muitas vezes o trabalho não leva a nada. Plantei também quatro mudas na minha casa na Região Serrana. Lá deu bem mais certo.

Os argumentos dos cultivadores não convencem críticos da legalização, como o coronel da reserva da Polícia Militar José Vicente da Silva Filho, ex-secretário Nacional de Segurança Pública.

— Individualmente, a escolha de plantar maconha pode até ser razoável, mas o poder público tem de pensar na coletividade. As drogas, inclusive a maconha, causam dependência, então são um problema muito sério, que precisa ser regulado. A vida pessoal não pode ir contra interesse coletivo — defende.

‘Você sabia que o cultivo caseiro de Cannabis combate o crime organizado?’, diz o pote – Matias Maxx / Matias Maxx/ Revista SemSemente

O coronel admite que o plantio de Cannabis “é menos nefasto que o sistema de tráfico”. Porém, acredita que, havendo uma mudança na Lei de Drogas em favor da prática, a alteração deveria restringi-la a entidades que se reportariam ao Estado:

— Sem regulação, a turma do mal pode se aproveitar da situação e se passar por cultivador.

Experiências internacionais recentes de descriminalização do uso de maconha têm aberto espaço para o cultivo doméstico. Na última quinta-feira, a capital americana Washington DC tornou legal a posse de até 56 gramas da erva e o cultivo de até seis plantas em casa. Na mesma semana, o Alasca, também nos EUA, permitiu o porte de 28 gramas da erva e seis pés em casa, e a Jamaica, dois gramas e cinco pés.

No Brasil, de acordo com Lei de Drogas, é usuário quem “para seu consumo pessoal, semeia, cultiva ou colhe plantas destinadas à preparação de pequena quantidade de substância ou produto capaz de causar dependência física ou psíquica”. Já o traficante “semeia, cultiva ou faz a colheita, sem autorização ou em desacordo com determinação legal ou regulamentar, de plantas que se constituam em matéria-prima para a preparação de drogas”.

Vice-presidente da Comissão Especial de Estudos do Direito Penal da OAB/RJ, Yuri Sahione diz que a tendência de abertura em outros países pode influenciar o Brasil. No entanto, não beneficiam processos correntes.

— Existe um grande movimento internacional para descriminalizar ao menos o uso. A tendência pode impulsionar algum tipo de mudança ou de proposta legislativa, mas o precedente não pode ser usado em processos já em curso — explica.

Sobre a queixa de cultivadores de que a polícia ignora a quantidade de droga extraída das plantas e, assim, classifica usuários como traficantes, ele faz ponderações:

— A quantidade do princípio ativo não se apresenta como uma variável prevista na legislação. O trabalho da polícia é fazer a apreensão. Caso seja demonstrado por perícia que, daquele total, só se faz o uso de uma pequena parte, isso pode ser um argumento de defesa para desclassificar o crime de tráfico para uso.

SEMENTES SÃO APREENDIDAS PELA RECEITA

Alguns interessados no cultivo se deparam com problemas legais antes mesmo de iniciar a plantação. No ano passado, o Serviço de Controle de Remessas Postais da Alfândega de São Paulo apreendeu 1.762 encomendas com drogas. Delas, 1.027 continham maconha, a grande maioria sementes compradas no exterior. O número representa menos da metade do material interceptado em 2013 (2.299 pacotes com sementes e maconha). A queda é atribuída pela Receita Federal ao trabalho de repressão, que teria inibido novas tentativas. No Aeroporto Internacional do Rio de Janeiro (Galeão), a Seção de Remessas Postais Internacionais da Alfândega apreendeu em 2014 373 encomendas com drogas, 18 com maconha ou skunk, uma variação da erva. No ano anterior, tinham sido apenas sete contendo Cannabis.

Por entre potes e lâmpatas, as plantas crescem – Matias Maxx / O Globo

Diagnosticado com HIV em 2010, o empresário Z., de 37 anos, começou a usar maconha para aliviar efeitos colaterais de antirretrovirais dois anos depois, ao receber prescrição de um médico, em viagem aos Estados Unidos. Disposto a continuar o tratamento no Brasil, decidiu investir no cultivo. Meses mais tarde, ele comprou sementes pela internet, em dois sites estrangeiros. Parte da encomenda chegou. O destino da outra fração ficou conhecido no início do ano passado, ao ser intimado pela Polícia Federal.

— Não sabia o que fazer. Entrei com contato com o Growroom e levei uma série de documentos à Polícia Federal, como laudos médicos e estudos sobre o tema. Devolvi as sementes que chegaram. Há um tempo não fumo, e vários efeitos colaterais, como a insônia, voltaram — conta o empresário. — Sei que fiz algo considerado ilegal. Mas o que penso é que não estou fazendo mal a ninguém e fazendo bem para mim.

Quase um ano depois, ele aguarda ser intimado novamente:

— Passei a tomar remédio para dormir. É difícil não saber o que vai acontecer. A qualquer momento, um juiz pode definir que eu sou traficante. Sinto revolta ao pensar que a polícia está prendendo justamente as pessoas que estão tentando combater o tráfico.

Leia mais sobre esse assunto em http://oglobo.globo.com/sociedade/prisoes-intensificam-pedidos-de-liberacao-de-cultivo-caseiro-de-maconha-15469212#ixzz3TG8CLPgk
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