Peru's Supreme Court upholds 10-year sentence over 36 g of marijuana and weapons
Peru's Supreme Court upheld a ten-year prison term for Johan Alejandro Uchatuma Albites over explosives, a revolver and ammunition, and 36 grams of marijuana found under his seat in Huaycán, Ate. The court rejected his claim that the evidence was planted because no prosecutor or defence lawyer attended the 2022 detention and vehicle search.
Peru’s Supreme Court upheld the ten-year prison sentence, 240 days’ fine and
permanent firearms ban given to Johan Alejandro Uchatuma Albites for illegally
possessing explosives and a firearm with ammunition, together with drug
trafficking.[1]The Supreme Court’s permanent criminal chamber ruled on 24
March 2025 on the appeal of the 8 November 2023 judgment of the First Permanent
Criminal Appeals Chamber of Ate, which had confirmed the conviction at first
instance.[1]
Police of the anti-extortion unit Divise and the Divreing stopped him in
Huaycán, in the district of Ate, on 7 March 2022 during the “Anti-extortions
2022” operations, when he was in the passenger seat of a Toyota Yaris with plate
AUL-527.[1]The car search found, under the passenger seat where he sat, 36
grams of marijuana together with 49 grams of coca paste and one gram of cocaine
hydrochloride.[1]Officers also found three homemade fuse bombs and a revolver
with a filed-off serial number and three .38 cartridges under that seat.[1]
His defence argued that the drugs and weapons had been planted because no
prosecutor or defence lawyer was present at the detention, search and drug
seizure.[1]The court held that Peruvian law does not require a prosecutor or
defence lawyer at such preliminary police steps, which are pre-constituted acts
carried out in urgent circumstances and in flagrante delicto, and found no
support for the claim that police planted the material.[1]The court did not
enter the sufficiency of the evidence itself, because that review belongs to the
appellate court that had ratified the conviction.[1]
The charges at trial were possession of explosives, possession of a firearm and
ammunition, and drug trafficking under the former micro-commercialisation drug
offence.[1]The first-instance court also ordered him to pay 6,000 soles in
civil damages.[1]
Case data
Every number and detail the sources state, with the sources that state it.
Charged
1
Convicted
1
Sentenced
1
Cannabis
36 g
Prison
10 years
Fine
PEN 2,400
Agency
National Police of Peru (PNP)
Agency type
Court
Cannabis
Herbal cannabis (36 g)
Activity
Possession, Sale
Setting
Street or public place, Vehicle
Charges
tenencia ilegal de artefactos explosivos; tenencia ilegal de armas de fuego y municiones; tráfico ilícito de drogas
Case stage
Final
Sentence
Prison, Fine
Region
Lima
Sources
LP Derecholpderecho.peESNo se impone la obligación de presencia fiscal ni la del abogado defensor en la detención, intervención, incautación vehicular, de revólver y municiones y de explosivos, así como de decomiso de droga, por ser diligencias preconstituidas en función a las circunstancias de urgencia, peligro por la demora y en flagrancia [Casación 3492-2024, Lima Este, f. j. 4]
Open questions the AI reported
The penalty is a single term for illegal possession of explosives and a firearm together with drug trafficking, so the ruling does not say what share of the ten years concerns the marijuana.
The operative part of the cassation ruling and its effect on the final sentence are not summarised in the published extract, which also ends with a continuation marker.
The article details the roles of the driver and the passenger in the back seat only as identification; it did not report their charges or outcome.
The court's fine is given as 240 days, not as an amount in soles, so the amount in the figures is a derived estimate at Peru's current daily fine reference.
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Anti-drug police in Iquitos stopped a motokar in Punchana district and found a backpack with ten packages of suspected marijuana, then detained the driver and his passenger. Both are under investigation for illicit drug trafficking, and the exact weight of the drug had not been established.
Police detained five men aged 22 to 26 during a raid on a building in the Unicreto estate in Nuevo Chimbote, Áncash, and found about 125 grams of marijuana alongside 45 bags of tusi, 19 ecstasy pills and ketamine. The group was accused of making and selling synthetic drugs in nightclubs, and the case was passed to the Public Prosecutor's Office.
Peruvian National Police detained two people, aged 23 and 74, in the Santa Isabel neighbourhood of Chachapoyas, Amazonas, on 4 November 2026. Officers found dental equipment, anaesthetics, phones, cash and a sealed bag of seeds suspected to be cannabis sativa, and handed the pair to the police criminal investigation division as they investigate illegal dentistry and possible drug trafficking.