Facts
X. was observed in the early afternoon of June 14, 2002 in Bern hiding drugs in his vehicle. He then drove at a reckless speed through the city center, was pursued by the police and finally stopped. 2.2 grams of marijuana were found in the vehicle, and positive test results for cannabis were found in his blood and urine. The convicted person was initially sentenced to ten days of conditional imprisonment and a fine for violations of the Narcotics Act and driving a passenger vehicle under the influence of drugs. In the subsequent proceedings, he was ultimately found guilty of a serious violation of traffic regulations by driving a passenger vehicle under the influence of drugs.Considerations
The Federal Court states that driving a vehicle under the influence of drugs, particularly cannabis, constitutes a serious disregard of an important traffic regulation. Cannabis impairs perception, psychomotor skills, cognitive and affective functions, and thus driving ability. Therefore, driving under the influence of cannabis is to be treated the same as driving under the influence of alcohol, which is punishable as a misdemeanor with imprisonment or a fine. In the present case, the convicted person seriously endangered…