This case could also have ended with a fine (consumer caught in flagrante delicto, possession under 10 grams). But there was a report (because the municipal police in Valais did not yet have the authority to issue fines ) with questioning (where regular consumption over years was confessed) - and promptly a heavy fine.
The person concerned objects to this high fine and is questioned by the public prosecutor. The arguments of the person concerned are recorded (he thought that there was a fine everywhere for cannabis consumption, the authorization for fines should have been given to the municipal police a long time ago, other persons concerned got away with smaller fines). The prosecutor does not address any point and finally increases the costs by 400 to 600 francs.
Normally, in the canton of Zurich, a smoked joint and a gram of weed would result in a fine of over 100 francs. However, it was not the city or cantonal police that carried out the control, but the railroad police. This still seems to have no authorization to issue a fine and must also report such an incident. Then follows a standard fine, as issued en masse by the municipal magistrate's office of Zurich:
Anyone who orders hemp seeds for their own consumption is committing a contravention and will be fined. The amount of the fines and fees varies quite a bit, between 200 and 1000 francs everything is possible. Here are examples from Appenzell Ausserrhoden, Vaud, Nidwalden, Bern and Zurich:
That would have been the simplest option: Not summoning and questioning those involved by the police, but simply issuing a warning. But this only seems to happen in Basel-Stadt:
In this case, the order was admitted, but not that the seeds should have been for personal use. This means that the criterion for a contravention (i.e.: intended for own consumption) is missing and the public prosecutor decides on a conviction for a misdemeanor. Joint importation can also end up like this, as well as if one would have wanted to give away five hemp seeds.
The seeds should have served the own need, but it was also a passing on intention confessed (9 seeds should have been passed on). So there is a summary penalty order because of a misdemeanor, with 20 daily rates a very high punishment:
One of the most blatant summary penalty orders: Because of three hemp seeds there is a misdemeanor conviction…. Unbelievable, but the prosecutor gives 10 day sentences:
But it can be even more blatant:
If you or someone you know has received a summary penalty order or fixed penalty, we ask that you provide a copy. You can anonymize it yourself or we will do it before publication.
You can send us your receipt: Verein Legalize it!, Quellenstrasse 25, 8005 Zürich or you can mail it to us.
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