Facts
The case concerns an appellant named [F.], who was convicted for violations of the Narcotics Act (Betäubungsmittelgesetz, BetmG). [F.] had acquired around 2.2 to 2.3 kg of hashish and 21 g of cocaine between October and December 1982, intending to resell these drugs. Additionally, he facilitated the sale of approximately 500 g of hashish to another dealer. In mid-December 1982, [F.] planned together with H. to purchase a larger quantity of cocaine in Spain, with the intention of selling it in Switzerland. The Cantonal Court of Graubünden subsequently convicted [F.] of a continued violation of Art. 19 Para. 1 and 2 lit. a BetmG, sentencing him to 2 1/2 years of penitentiary imprisonment.
[F.] filed a nullity appeal against this judgment with the Federal Supreme Court. He argued that the quantity of cocaine he had dealt did not meet the requirements for the serious case under Art. 19 Para. 2 lit. a BetmG.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that according to its established case law, a risk to the health of "many people" within the meaning of Art. 19 Para. 2 lit. a BetmG is already present with 20 persons, regardless of the type of narcotic substance. The court was not convinced by the appellant's criticism of this case law.
Furthermore, the Federal Supreme Court clarified that according to its case law in BGE 108 IV 66/67, as little as 50 g of cocaine can lead to…