In BGE 126 IV 198, the Federal Supreme Court rejected a hemp-shop operator's challenge concerning cannabis sold as scented sachets and pillows. The products contained 0.5–2.5 percent THC; the Court used existing agricultural and food limits as benchmarks, including the then 0.3 percent industrial-hemp limit. It held that conditional intent could suffice when the seller knowingly accepted narcotic use of the products. Signed warnings to customers did not overcome the circumstances demonstrating that acceptance. The judgment applied existing prohibition rather than creating a new statutory THC threshold.[1]
Listed for context. No score change is recorded for Switzerland here.
References
- Switzerland Federal Supreme Court — BGE 126 IV 198 of 13 March 2000Facts, reasons 1–2 and dismissal of the appeal; distinguishes regulatory benchmarks from intentarchived
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