Facts
The facts of the case concern a case in which L. had traded in at least eight kilograms of hashish from the end of May to September 1983 and had consumed hashish several times from January to August 1984. The High Court of the Canton of Zurich convicted him in the second instance of a continued offense against Art. 19 No. 1 Paras. 4 and 5 in conjunction with No. 2 lit. a and c of the Narcotics Act to 20 months of penitentiary.
L. filed a federal nullity appeal with the request to set aside the judgment and to remand the case to the High Court for a new assessment. The public prosecutor's office requested the dismissal of the appeal.
Considerations
The Federal Court partially set aside the decision of the High Court. It stated that in the case of offenses against Art. 19 No. 1 of the Narcotics Act relating to cannabis, the assumption of a serious case pursuant to Art. 19 No. 2 lit. a of the Narcotics Act is excluded.
The Federal Court justified this by stating that according to the current state of knowledge, cannabis is not suitable to put the physical and mental health of many people in imminent and…