Differences

This shows you the differences between two versions of the page.

Link to this comparison view

Both sides previous revisionPrevious revision
en:thc_recht:quasilegal [2024/01/24 10:36] – fabianen:thc_recht:quasilegal [2024/03/27 08:56] (current) – external edit 127.0.0.1
Line 41: Line 41:
 Since October 2013, this penalty-free minor amount for hemp has been clearly defined by law throughout Switzerland: 10 grams of //"narcotics of the effect type cannabis"// (this is the name of our good herb in NarcA) are considered a minor amount. By the way, the THC content can be as high as desired. Since October 2013, this penalty-free minor amount for hemp has been clearly defined by law throughout Switzerland: 10 grams of //"narcotics of the effect type cannabis"// (this is the name of our good herb in NarcA) are considered a minor amount. By the way, the THC content can be as high as desired.
  
-===== A part of the regulatory fine bill =====+===== A part of the fixed penalty bill =====
  
-This gram limit was introduced together with the regulatory fine bill in order to be able to implement regulatory fines for cannabis consumption even in the case of possession of a small amount. But this provision has a life of its own: Anyone who possesses less than 10 grams for personal use and has not yet consumed it is not liable to prosecution at all and thus, according to the law, cannot be punished. This applies only as long as someone is not consuming (that would usually result in a regulatory fine) and also has not yet consumed (that would result in a report with a fine and fees). +This gram limit was introduced together with the fixed penalty bill in order to be able to implement fixed penalties for cannabis consumption even in the case of possession of a small amount. But this provision has a life of its own: Anyone who possesses less than 10 grams for personal use and has not yet consumed it is not liable to prosecution at all and thus, according to the law, cannot be punished. This applies only as long as someone is not consuming (that would usually result in a fixed penalty) and also has not yet consumed (that would result in a report with a fine and fees). 
  
 ===== The sort-of-legality... ===== ===== The sort-of-legality... =====
Line 52: Line 52:
 ===== ...is not applied ===== ===== ...is not applied =====
  
-However, no police force adhered to this actually clear regulation. In Zurich, the police order even stated that in such cases (possession of less than 10 grams without consumption) a regulatory fine had to be issued. +However, no police force adhered to this actually clear regulation. In Zurich, the police order even stated that in such cases (possession of less than 10 grams without consumption) a fixed penalty had to be issued. 
  
 Other police forces tried to establish further illegal activities through questioning (for example, consumption in the past), so that they could report the persons concerned.  Other police forces tried to establish further illegal activities through questioning (for example, consumption in the past), so that they could report the persons concerned. 
Line 60: Line 60:
 ===== To make an objection or not? ===== ===== To make an objection or not? =====
  
-Those who received a regulatory fine over 100 francs for possession of a few grams of cannabis generally did not fight back: the effort for the legal fight seemed too great for most. Even those who received a report and a fine often shied away from the effort (and the possible higher costs if they lost in court). +Those who received a fixed penalty over 100 francs for possession of a few grams of cannabis generally did not fight back: the effort for the legal fight seemed too great for most. Even those who received a report and a fine often shied away from the effort (and the possible higher costs if they lost in court). 
  
 ===== A first judicial clarification ===== ===== A first judicial clarification =====
  
-But some wanted to know exactly and did not pay the regulatory fine, demanded the ordinary procedure, were fined normally with a summary penalty order and objected to it. Finally, one such case reached the Zurich District Court. In September 2015, the court ruled that the possession of an unpunished quantity really cannot be punished and acquitted the person concerned.+But some wanted to know exactly and did not pay the fixed penalty, demanded the ordinary procedure, were fined normally with a summary penalty order and objected to it. Finally, one such case reached the Zurich District Court. In September 2015, the court ruled that the possession of an unpunished quantity really cannot be punished and acquitted the person concerned.
  
 However, the court did not confirm the non-confiscability. After all, the seized hemp should have been used for the preparation of an illegal act (the punishable consumption). Therefore, the material would not be released again. However, the court did not confirm the non-confiscability. After all, the seized hemp should have been used for the preparation of an illegal act (the punishable consumption). Therefore, the material would not be released again.
Line 91: Line 91:
 Summary of the situation at the end of 2017: the worst seems to be cleared up. The article [[en:thc_recht/li790205|The minor amount of hemp: Does unpunished mean unpunished?]] summarizes various rulings on the minor quantity. Summary of the situation at the end of 2017: the worst seems to be cleared up. The article [[en:thc_recht/li790205|The minor amount of hemp: Does unpunished mean unpunished?]] summarizes various rulings on the minor quantity.
  
-Mostly, the immunity from punishment of the minor amount was ignored. There were at least three variants of how the police proceeded in such cases. For details, see the article [[en:thc_recht/entwicklung_geringfuegige_menge|Introducing regulatory fines and dealing with the minor quantity]] from summer 2015.+Mostly, the immunity from punishment of the minor amount was ignored. There were at least three variants of how the police proceeded in such cases. For details, see the article [[en:thc_recht/entwicklung_geringfuegige_menge|Introducing fixed penalties and dealing with the minor quantity]] from summer 2015.
  
 ====== Updates on the de minimis quantity ====== ====== Updates on the de minimis quantity ======
Line 196: Line 196:
 ===== Federal Court: Small amount cannot be confiscated! (2023) ===== ===== Federal Court: Small amount cannot be confiscated! (2023) =====
  
-The **Federal Court's media release** today is clear: anyone who acquires and possesses 10 grams of cannabis for their own consumption is not only exempt from punishment, **but can also keep this amount**. The police may not confiscate it (unless they also observe the consumption, in which case they may seize the material and issue a regulatory fine for 100 francs ). We will now analyze the exact text of the verdict. Afterwards, we will follow whether all cantons and also the customs will adhere to this Federal Court ruling and change their practice.+The **Federal Court's media release** today is clear: anyone who acquires and possesses 10 grams of cannabis for their own consumption is not only exempt from punishment, **but can also keep this amount**. The police may not confiscate it (unless they also observe the consumption, in which case they may seize the material and issue a fixed penalty for 100 francs ). We will now analyze the exact text of the verdict. Afterwards, we will follow whether all cantons and also the customs will adhere to this Federal Court ruling and change their practice.
  
 Since 2013 we have written this again and again, since the 9th edition of our legal aid brochure Shit happens. After four years the Federal Court made clear: a not punishable quantity cannot be punished. Now it is clear: this quantity cannot be confiscated either. **It is a great satisfaction to be confirmed by the Federal Court after ten years!** Since 2013 we have written this again and again, since the 9th edition of our legal aid brochure Shit happens. After four years the Federal Court made clear: a not punishable quantity cannot be punished. Now it is clear: this quantity cannot be confiscated either. **It is a great satisfaction to be confirmed by the Federal Court after ten years!**
Line 215: Line 215:
 ===== A first judicial clarification (2015) ===== ===== A first judicial clarification (2015) =====
  
-In September 2015, the District Court of Zurich judged a case involving a [[en:thc_recht/quasilegal|minor amount of]] cannabis and **acquitted** the person concerned. It took the court 13 pages to really appreciate an act that, according to the law, was exempt from punishment. But at least the court managed to do what the police and the city magistrate's office just won't grasp. \\ Here follows the facsimile of the verdict, which also clarifies that consumption is mandatory for a [[en:thc_recht/wenigillegal|cannabis regulatory fine]]. So the court agrees with our interpretation of the law. Only the non-recoverability is not considered by the court, which contradicts the explanatory text of the Commission.+In September 2015, the District Court of Zurich judged a case involving a [[en:thc_recht/quasilegal|minor amount of]] cannabis and **acquitted** the person concerned. It took the court 13 pages to really appreciate an act that, according to the law, was exempt from punishment. But at least the court managed to do what the police and the city magistrate's office just won't grasp. \\ Here follows the facsimile of the verdict, which also clarifies that consumption is mandatory for a [[en:thc_recht/wenigillegal|cannabis fixed penalty]]. So the court agrees with our interpretation of the law. Only the non-recoverability is not considered by the court, which contradicts the explanatory text of the Commission.
 \\  \\ 
  
Last modified: 2024/03/27 08:56
DEENFR

Share page: facebook X (Twitter)

Legal overview

Shit happens 15 (Summer 2023)

This overview as PDF