Facts
The Public Prosecutor's Office of the Canton of Solothurn opened a criminal investigation against [X.] on 11 August 2011 for violating the Federal Narcotics Act by cultivating hemp without authorization. On 12 August 2011, the hemp plantation was seized. The Public Prosecutor's Office ordered the confiscation and destruction of the hemp plants on 5 September 2011, after analysis of samples revealed a total THC content of at least 1 %. [X.] lodged an objection against the confiscation order, which was rejected by the President of the District Court of Bucheggberg-Wasseramt. The Cantonal Court of Solothurn overturned the decision of the President of the District Court and did not entertain the respondent's application to release the seized industrial hemp field.
Considerations
The Federal Court had to decide whether the confiscation and destruction of the hemp plants were lawful. The appellant argued that the cultivation of hemp with a total THC content of at least 1 % had been a narcotic drug in every case and regardless of the alleged purpose of use since the revised Narcotics Act came into force on 1 July 2011, and that the cultivation therefore fulfilled the objective elements of Art. 19 para. 1 lit. a NarcA.
The court considered that independent confiscation was subsidiary to accessory confiscation and only came into consideration if no criminal proceedings could be conducted or if the confiscation had to be decided quickly, as the object was perishable or subject to rapid depreciation. The court found that the lower court had not finally determined the question of whether a criminal offense had…