The hemp seeds-prosecution: a deep insight into repression

The prosecution of the hemp seeds-orders is a huge treasure trove to be able to understand the persecution machinery in Switzerland in depth. Thousands did almost the same: they ordered a few hemp seeds abroad. But the concrete persecutions were very diverse.

The criminal prosecution is not an exact science

Many people think that there is a clear penalty for every illegal act. But it is not that simple! For example: Possession of hash or weed is exempt from punishment (under 10 g for own consumption) or a contravention (possession for own consumption) or a misdemeanor (possession for passing on), depending on the case.

What is the suspicion?

In the first instance, it depends primarily on how the law enforcement agencies assesses this possession. Depending on this, the criminal proceedings are conducted with different intensities:

  • If contraventions are suspected, there are usually written interviews or police questioning.
  • On the other hand, if there is a suspicion of misdemeanor, the entire repressive repertoire can be applied: house search, confiscation of cell phones, computers etc., account blocking, pre-trial detention.

A very special calculation

A suspicion of a misdemeanor is quickly developed: 10 hemp seeds, each sprouts and gives 30 g, so it is not at all about 10 seedlings, but about 300 g, which probably should have been sold, because no one can consume that himself… Absurd? Yes, but this is exactly how the hemp seed cases give rise to the assumption that it is not just about a contravention, but about a misdemeanor.

Never underestimate the possibilities of the repressive apparatus

In 2015 in particular, those affected experienced what it means when repression strikes with force. A house search at seven in the morning by five officers with a drug dog, confiscation of the cell phone, then the questioning - that is very unpleasant. So the criminal proceedings are massively more stressful than the subsequent punishment! Most people can hardly imagine that. I, too, was and am shocked again and again by the experiences of those seeking advice, although I have been following hemp repression for years.

Repression 2009 to 2021: hemp seeds-prosecution in detail

For each year group, we plot the hemp seeds-reprimands with two bars: one for the misdemeanors-reprimands (purple) and one for the contraventions-reprimands (red). We clearly see here the shift away from the misdemeanors to the contraventions.

Development of referrals at the levels of misdemeanors and contraventions

Until 2011, there were hardly any hemp seeds cases, and if there were, they were mostly prosecuted as contraventions. In 2012, things took off and suddenly the majority were tracked as misdemeanors. 2015 was the year of hemp seed prosecutions. Since 2020, most cases are now (again) assessed as contraventions: So there was a rethinking by the authorities. But still a part is prosecuted as misdemeanors!

Last modified: 2024/03/27 08:56

Share page: facebook X (Twitter)

Legal overview

Shit happens 15 (Summer 2023)

This overview as PDF