Facts
In this case, it involved a 16-year-old juvenile who was found in possession of 1.4 grams of marijuana for personal consumption during a police check. The Juvenile Prosecutor's Office and the District Court subsequently acquitted him, as the possession of a small amount of cannabis for personal consumption is non-punishable under Art. 19b para. 1 of the Narcotics Act. The Senior Juvenile Prosecutor's Office of the Canton of Zurich appealed against the acquittal.
Considerations
The Federal Supreme Court dismissed the appeal and confirmed the acquittal. It stated that Art. 19b para. 1 of the Narcotics Act, which provides for the non-punishment of the possession of a small amount of cannabis for personal consumption, is also applicable to juveniles. The legislator had recognized the consumption of cannabis by juveniles as a known problem when introducing this provision in 1975, but had not provided for an exception for juveniles.
The Federal Supreme Court also saw no indication in the revision of the Narcotics Act in 2012, which introduced the summary penalty procedure for cannabis consumption, that the legislator had intended to repeal the non-punishment of the possession of cannabis for personal consumption for juveniles. The summary penalty procedure was expressly limited to consumption, but not to the possession…