Facts

The case concerns an individual, [S.], who purchased and sold approximately 30 kilograms of hashish between 1988 and 1990. He was sentenced to a 14-month prison term and ordered to pay back his illegal gain of 10,000 Swiss francs by the Bern Criminal Court. The decision was upheld by the Bern Cantonal Court of Appeal. [S.] filed a motion for annulment, requesting the cancellation of the decision and a new trial.

The key facts are as follows

  • The individual purchased and sold a large quantity of hashish.
  • He was convicted of an offense under the Narcotics Act.
  • The decision was upheld by the Court of Appeal.
  • The individual filed a motion for annulment.

Considerations

The Federal Court examined the question of whether cannabis derivatives, such as hashish, constitute narcotics within the meaning of the Narcotics Act. The Court considered that, although cannabis is not harmless, it does not pose a serious danger to the physical or mental health of many people.

The Court also examined the question of the constitutionality of the Narcotics Act with regard to cannabis. It considered that the…