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CANNABIS & JUSTICE · PART 2

Justice vs Abuse — Part II: The Precedent & The Law

The legal battle: DIICOT vs. Cristea. The three victories, the historic precedent and international law protecting patients with controlled medication.

Justice vs Abuse — Part II: The Precedent & The Law

Part Two of this series documents what happened after the airport confiscation — and how the Romanian justice system ultimately sided with the patient. What follows is a detailed reconstruction of the legal battle: from the official documents obtained before travel, through the confiscation and criminal investigation, to the three consecutive court victories that established a legal precedent for medical cannabis patients in Romania.

Each section below is built on primary sources — court rulings, official correspondence, legal provisions, and personal testimony. The timeline, the evidence, and the legal arguments are presented as they unfolded, so that any patient, lawyer, or journalist can follow the case from beginning to end.

03

Written confirmations from Romanian authorities — obtained before travel

Knowing that controlled substances require special documentation for travel to Romania, I sought written confirmations from Romanian authorities before travelling — precisely to avoid any incident. I received two official documents: one from IGPF (Border Police) and one from DGPV (Customs) — both confirming that transporting controlled medicines, accompanied by a valid prescription, is permitted by law.

In other words: the very authorities who would later confiscate my medication and open a criminal case confirmed in writing, one day before my flight, that what I was doing was legal. This fundamental contradiction formed the basis of my defence in court — and convinced all three instances.

IGPF nr. 28850-28909 / 23.09.2022

Romania's General Inspectorate of Border Police confirmed that the importation of controlled-substance medicines is permitted with complete legal documentation.

DGPV nr. 20264 / 22.09.2022

The General Directorate of Customs Procedures detailed the requirements of GD 1915/2006, Art. 49 — the very article DIICOT subsequently chose to ignore.

04

The Airport &
Confiscation

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23 July 2024 — the red channel, Henri Coandă International Airport — family holiday

On 23 July 2024, I landed at Henri Coandă Airport — this time on holiday, together with my wife and daughter. I voluntarily declared the treatment at customs and presented all documents — the same valid medical prescriptions, the same certificates, the same written confirmations I had used in 2023 without any incident.

Customs authorities confiscated the medical treatment — both mine and my wife's. The confiscated quantities: 9.67 grams and 14.68 grams of medical cannabis — quantities calculated strictly for the duration of our stay, according to the medical prescription. They also confiscated lisdexamfetamine — my ADHD medication — even though it falls under the same legal regime (Schedule II controlled substances).

What followed was a four-hour interrogation. My wife and our minor daughter witnessed everything. The DIICOT prosecutor eventually agreed to return the lisdexamfetamine — but maintained the confiscation of the medical cannabis. Both substances under the same legal schedule. The discrimination was obvious.

DIICOT agent — Henri Coanda Airport interrogation, July 2024
DIICOT agent at Henri Coandă Airport — 23 July 2024. A four-hour interrogation. The prosecutor returned the lisdexamfetamine (ADHD medication) but confiscated the medical cannabis. Same substances, same law — two opposite decisions.
Suffering as the Price of Bureaucracy - medical decompensation
Fig. 1
Consequences of confiscation
Consequences of confiscation: medical decompensation, emergency interventions, the trauma of a patient left without treatment.
Istoric Medical
Relevant Legal Texts - HG 1915/2006 vs Law 143/2000
Fig. 2
HG 1915/2006 Art.
HG 1915/2006 Art. 49 vs Law 143/2000 Art. 3 - the legal texts that formed the basis of the acquittal.
Cadru Juridic

The consequences were immediate and devastating. The abrupt interruption of the medical cannabis treatment triggered a severe medical crisis — Crohn's disease symptoms returned in full force, and in the following days I was rushed to emergency hospitalisation. Treatment deprivation was not merely a legal act — it was an act of medical violence.

The customs inspectors confiscated the quantity of medical cannabis. IGPF was notified. A few hours later, DIICOT opened a criminal case — ignoring Art. 49 of GD 1915/2006, ignoring the written confirmations received from the very same authorities who were now prosecuting me, and ignoring the valid medical prescription.

What followed was 18 months of criminal prosecution — 18 months during which I lived with the status of a suspect, my medication confiscated, my health deteriorating without adequate treatment. All because I had chosen to respect the law and declare what I was carrying.

Red channel — Goods to declare — Henri Coanda Airport
Red channel — Goods to declare office, Henri Coandă International Airport. The location of the 23 July 2024 confiscation.
Emergency waiting room, Municipal Hospital, BP 117 HBPM — July 2024
Emergency waiting room, Municipal Hospital Bucharest — July 2024. I ended up here after customs confiscated my medication.
Heart rate 138 BPM on smartwatch — Municipal Hospital Emergency, July 2024
Already admitted to the Emergency Unit, waiting for the doctor. My heart rate had climbed to 138 BPM — without any physical exertion. The direct consequence of stress and having my medication confiscated.
Hospital bed after 6 hours — Municipal Hospital, July 2024
After 6 hours at the Emergency Unit, I was given a bed. The direct consequence of having my legal medication confiscated.
I chose the red channel. I declared my medication. I presented their own written confirmation. And they still treated me like a drug trafficker. Giancarlo Cristea
05

The DIICOT Case

18 months of criminal prosecution for a legal medicine

DIICOT consistently maintained that Romanian criminal law does not recognise exceptions based on health status or medical prescriptions issued in other states. Their argument was simple and brutal: cannabis is a controlled substance in Romania, regardless of context.

DIICOT Position — Indictment
Romanian criminal law does not recognise exceptions based on a citizen's health status for the possession of controlled substances, regardless of medical prescriptions issued in other states.

— DIICOT Indictment, 2024 (paraphrased)

The State's Position: A Wall of Arguments
Fig. 3
The State's Position
The State's Position: A Wall of Arguments
Neurodiversitate
DIICOT's Version

"The law knows no exceptions"

  • Cannabis = illegal drug, regardless of prescription
  • UK prescriptions are irrelevant in Romanian criminal law
  • GD 1915/2006 creates no criminal exceptions
  • European legislation does not modify domestic legislation
The Documented Reality

"Legal patient, legal medicine"

  • Valid prescription — European state (UK)
  • Art. 49 GD 1915/2006 explicitly protects patients
  • 3 courts: Bucharest Tribunal, Court of Appeal, Final Ruling — all pro-patient
  • National precedent: medical cannabis ≠ criminal offence
The Paradox of Romanian Justice - Medical Cannabis
Fig. 4
The central paradox
The central paradox: the Romanian state ratified EU legislation protecting patients, but its own institutions systematically ignored it.
Legislatie
The Legal Battle: With Right vs. Without Right
Without Prescription: The Key to Decriminalisation — Why the medical prescription annuls the offence
Fig. 5
Point by point
Point by point: every DIICOT argument was dismantled by the courts. Final score: 3-0 for the patient.
Cadru Juridic

TVR 1 Interview

The full TVR 1 (Romanian national television) report on the unprecedented decision forcing DIICOT to return confiscated medical cannabis. English subtitles available.

The timeline below condenses 18 months of legal proceedings into a single visual thread. Each entry marks a turning point — from the initial confiscation at Henri Coanda Airport, through the DIICOT investigation, to the three court hearings that each confirmed the same conclusion: the patient acted within the law. Reading them in sequence reveals both the emotional toll and the procedural absurdity of criminalising a legal medical treatment.

Case Timeline

From the airport confiscation (23 July 2024) to the definitive ruling of the Bucharest Court of Appeal (28 January 2026) — 18 months, three courts, three victories, a score of 3–0. My right to be treated legally with medical cannabis on Romanian territory was confirmed definitively.

September 2022
IGPF + DGPV Written Confirmations

Written confirmations received from IGPF (no. 28850-28909, 23 Sep 2022) and DGPV (no. 20264, 22 Sep 2022) confirming the legality of transporting prescribed controlled substances at Romanian customs.

Legal preparation
March 2023
Press Conference at the Romanian Parliament

Alongside MP Emanuel Ungureanu, I brought my case to the attention of parliamentarians and the press. Victoria Law — the proposal for regulating access to medical cannabis — is put forward for debate. The law remains blocked.

Public action
Press conference, Romanian Parliament, March 2023 — Giancarlo Cristea and MP Emanuel Ungureanu
2023
Health Commission — demonstrating the medical cannabis vaporizer

I presented the Romanian Parliament's Health Commission with what medical cannabis actually looks like — not pills or conventional medication, but cannabis flower meant to be vaporized with a specialized medical device. I demonstrated in front of the commission how the vaporizer works.

Public action
Giancarlo Cristea demonstrating the medical cannabis vaporizer, Health Commission, Romanian Parliament, 2023

Presenting the medical cannabis flower — legally prescribed treatment in the UK

Giancarlo Cristea presenting medical cannabis flower to the Health Commission, Romanian Parliament, 2023

Demonstrating the medical vaporizer to the Health Commission, Romanian Parliament

23 July 2024
Confiscation at Henri Coanda Airport (family holiday)

At the red channel, customs officers confiscate 9.67g + 14.68g of medical cannabis with valid UK prescription. My wife and I presented complete documentation. DIICOT opens a criminal file the next day (24.07.2024). A four-hour interrogation follows in the presence of our minor daughter.

Incident
20 Sept. 2024 — 7 Nov. 2024
DIICOT — Dismissal with confiscation proposal

DIICOT dismisses the case (20.09.2024) under Art. 16(1)(b) Thesis II — lack of culpability — but still proposes special confiscation of the treatment. On 7 November 2024, DIICOT rejects the complaint against the dismissal order. The medication remains confiscated.

Institutional abuse
11 March 2025 · Case 45878/3/2024
Bucharest Tribunal — First Victory

The Bucharest Tribunal changes the dismissal basis from Thesis II to Thesis I — the act is not provided for by criminal law. The court recognises the validity of the medical prescription and Art. 49 of GD 1915/2006. Patient acquitted. First of three victories.

Victory #1
The Turning Point: Bucharest Tribunal (March 2025)
17 October 2025 · Case 24750/3/2025
Bucharest Tribunal — Second Victory (Restitution)

The Tribunal rejects DIICOT confiscation and orders full restitution: 9.67g + 14.68g medical cannabis. Court costs at state expense. Patient conduct confirmed as lawful under Art. 16(1)(b) of the Criminal Code.

Victory #2 — Restitution
Justice Ordered: Full Restitution of Confiscated Treatment
28 January 2026 · Bucharest Court of Appeal · Case 4362/2025
Bucharest Court of Appeal — Final Definitive Ruling

The Bucharest Court of Appeal delivers the final and irrevocable ruling: DIICOT appeal dismissed as inadmissible, score 3–0. All three courts reached the same conclusion."The state does not return drugs. The state returns medicines."

Victory #3 — Court of Appeal Definitive
Score 3-0 Medical Justice — All Three Courts Decided: Medicine, Not Crime The Legal Weapon: Why This Precedent Matters

Continue to Part III

What comes after victory:

The court victory is not the end. I have filed a lawsuit against the Romanian state, the Customs Agency, and DIICOT for the abuses committed — from the illegal confiscation and partial destruction of medication through laboratory testing, to 18 months of criminal proceedings for an act that does not exist. The precedent is established, but in Romania a precedent does not apply automatically. That is why political and legislative pressure must continue.

The story continues with DIICOT vs. Patient, the three court victories, international law, and the urgency of Victoria Law.

Read Part III →
Justice Ordered: Medicine Returned
Fig. 6
Justice Ordered
Justice Ordered: Medicine Returned
Neurodiversitate