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en:thc_recht:umgang [2023/10/14 17:12] – [Interpretation] sosen:thc_recht:umgang [2024/03/27 08:56] (current) – external edit 127.0.0.1
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 ===== Penalties ===== ===== Penalties =====
-In the red boxes, we describe the **range of punishments** that belong to the described topic, usually with an example, so that we can show what is in store for those affected. Ultimately (except for the [[en:thc_recht/wenigillegal|regulatory fines]]) each case is judged individually, which leads to a range of variation.+In the red boxes, we describe the **range of punishments** that belong to the described topic, usually with an example, so that we can show what is in store for those affected. Ultimately (except for the [[en:thc_recht/wenigillegal|fixed penalties]]) each case is judged individually, which leads to a range of variation.
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-In addition to the Narcotics Act and the Regulatory Fines Act (OBG), there are other laws in which THC occurs: e.g. the Food Act or the Road Traffic Act. Driver's license and THC in blood is a big issue – the zero tolerance towards cannabis has led to extremely low limits for THC in blood. There are also recurring problems for THC users when living and working. In agriculture, for example, there are regulations for animal feed.+In addition to the Narcotics Act and the Fixed Penalties Act (OBG), there are other laws in which THC occurs: e.g. the Food Act or the Road Traffic Act. Driver's license and THC in blood is a big issue – the zero tolerance towards cannabis has led to extremely low limits for THC in blood. There are also recurring problems for THC users when living and working. In agriculture, for example, there are regulations for animal feed.
  
 All of our comments generally refer to adults unless otherwise noted. Action against [[en:thc_recht/jugend|adolescents]] is even more difficult to deal with in general than the prosecution of adults and follows in a separate [[en:thc_recht/jugend|chapter]]. All of our comments generally refer to adults unless otherwise noted. Action against [[en:thc_recht/jugend|adolescents]] is even more difficult to deal with in general than the prosecution of adults and follows in a separate [[en:thc_recht/jugend|chapter]].
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 Unauthorized consumption of narcotics is also punishable. However, the consumption and the necessary preparatory acts (such as possession, purchase, cultivation, smuggling) are contravention (and not misdemeanor). The penalty for such contraventions is a fine (for example, 200 francs fine, plus various writing, delivery and other fees, where the fines are higher if someone is repeatedly punished - this without entry in the criminal record). Unauthorized consumption of narcotics is also punishable. However, the consumption and the necessary preparatory acts (such as possession, purchase, cultivation, smuggling) are contravention (and not misdemeanor). The penalty for such contraventions is a fine (for example, 200 francs fine, plus various writing, delivery and other fees, where the fines are higher if someone is repeatedly punished - this without entry in the criminal record).
  
-In 2013, the provisions of the regulatory fine bill were added (100 francs fine for cannabis use detected by the police, without questioning / protocol and without fees) and transferred to the OBG as of 1.1.2020.+In 2013, the provisions of the fixed penalty bill were added (100 francs fine for cannabis use detected by the police, without questioning / protocol and without fees) and transferred to the OBG as of 1.1.2020.
  
 ===== Cantonal differences in repression ===== ===== Cantonal differences in repression =====
  
-The criminal prosecution is a matter for the cantons. This leads to great differences in the amount of fines imposed on users (ranging from discontinuation of proceedings to fines and fees of 1,000 francs, even for the first time). The regulatory fine were also initially applied very differently in the cantons.+The criminal prosecution is a matter for the cantons. This leads to great differences in the amount of fines imposed on users (ranging from discontinuation of proceedings to fines and fees of 1,000 francs, even for the first time). The fixed penalty were also initially applied very differently in the cantons.
  
 ===== Our colored boxes ===== ===== Our colored boxes =====
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 ===== Interpretation of current narcotics law ===== ===== Interpretation of current narcotics law =====
  
-  * [[en:thc_recht/li620203|Spring 2013: Overview of the provisions of the regulatory fines bill]]+  * [[en:thc_recht/li620203|Spring 2013: Overview of the provisions of the Fixed Penalties Act]]
   * [[en:thc_recht/sh3030|The partially revised Narcotics Act NarcA]]   * [[en:thc_recht/sh3030|The partially revised Narcotics Act NarcA]]
   * [[en:thc_recht/sh3232|Are there no exceptions to criminal liability?]]   * [[en:thc_recht/sh3232|Are there no exceptions to criminal liability?]]
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 For a long time, the commissions and councils discussed a revision of the Narcotics Law. Finally, two partial revisions have emerged, both of which have now entered into force. For a long time, the commissions and councils discussed a revision of the Narcotics Law. Finally, two partial revisions have emerged, both of which have now entered into force.
  
-  * [[en:thc_recht/teilrevision2|Second part Partial revision NarcA (regulatory fine model adopted and in force)]]+  * [[en:thc_recht/teilrevision2|Second part Partial revision NarcA (fixed penalty model adopted and in force)]]
   * [[en:thc_recht/teilrevision1|Hemp initiative (rejected) and first part of partial revision NarcA (accepted and in force)]]   * [[en:thc_recht/teilrevision1|Hemp initiative (rejected) and first part of partial revision NarcA (accepted and in force)]]
  
Last modified: 2024/03/27 08:56

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