What are the rules for smoking pot in the military?

This text has not been revised for a long time. Anyone who has a current Behelf Suchtmittel is welcome to contact us.

Without hemp no fight

Very many members of the army smoke pot - those who have never smoked a joint before RS then get to know hash or weed.

In principle, violations of the Narcotics Act are also dealt with by the civilian authorities during military service. However, there is an exception regarding a small amount. This can be disciplined by the unit commander. This is stated in Art. 218 of the Military Penal Code:

“Anyone who intentionally consumes or possesses small quantities of narcotics (…) without authorization while on duty or commits an offense against Article 19 NarcA for his own consumption is also subject to military jurisdiction. The offender shall be subject to disciplinary action.”

With regard to the definition of a small quantity, the Addictive Substances Supplement (Supplement 51.29 d) states the following in Annex 2:

“During the entire period of military service, the consumption as well as the possession and acquisition of narcotics (…) is prohibited. If the quantities involved are minor, disciplinary criminal proceedings shall be conducted against the offending member of the armed forces and a disciplinary sanction (…) shall be pronounced. The following quantities of narcotics may still be considered minor: Cannabis products (hashish, marijuana) 10 g / hallucinogens and designer drugs (e.g. LSD, ecstasy) 5 pieces / heroin and other opiates 1 g / cocaine and cocaine derivative (crack) 1 g.”

It is amazing that an amount was defined (ten grams) that is considered a minor amount. This is something that does not occur like this in NarcA. There are so many violations of the drug prohibition in the military (several hundred cases each year) that the operation would suffer if all users were reported to the police. The remedy also states: “Discharge from service is not automatic (…)”. Which actually speaks for us smokers - we are just useful.

What are the possible penalties?

The range of punishment extends from a reprimand to a disciplinary fine (up to 500 francs) and curfew (3 to 15 days) to arrest (up to 10 days). The concrete case is decisive for the assessment of the penalty. Arrest for consumption alone is quite possible.

The civil courts are responsible for other offenses that go beyond the minor amount - or if there has been trafficking.

Smoking pot and fitness (un)for duty

Conscripts and members of the armed forces with regular consumption should be assessed by a medical specialist; it is recommended that they be declared “unfit”. If substance-related mental disorders are present, the decision must necessarily be “unfit”. In detail: in case of regular consumption (daily, for years), it should be concluded that the person is unfit for duty; however, in case of regular consumption that is limited to weekends, fitness for duty may still be given. (Information from “Schweizerische Ärztezeitung”, 2000-81, No. 10, page 506 ff.) Smoking pot is a good basis for a declaration of unfitness for duty. But it usually still requires a “disturbed personality structure”.

Last modified: 2024/03/27 08:56

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