Facts
X. is accused of having repeatedly violated the Narcotics Act in his capacity as the owner of A. GmbH between July 1, 2011 and mid-May 2013 in dealing with hemp (containing at least 1.0% THC; "drug hemp"). He is alleged to have been in possession of around 519 kg of marijuana/hemp flowers and 588 kg of hemp seeds, and to have cultivated around 2,900 hemp plants and approximately 2,100 hemp plant cuttings. The Cantonal Court of St. Gallen convicted him of multiple violations of the Narcotics Act.
X. appeals the criminal case and alleges a violation of the principle of legality and the requirement of legal certainty. He argues that neither the law nor the ordinance specify the method of measuring the total THC content, and that the consideration of decarboxylated THC-carboxylic acid in the total THC content is inadmissible.
Considerations
The Federal Court dismisses the appeal. It holds that under the Narcotics Act, hemp plants or parts thereof with an average total THC content of at least 1.0% are considered narcotics. The legislator has not exceeded the competence granted to it by Art. 2a of the Narcotics Act in setting the threshold of 1% total THC.
The Federal Court also sees no violation of the principle of legality and the requirement of legal certainty in the fact that the law and ordinance do not specify the method of measuring the total THC content. It…