Facts
On April 27, 1997, A. was found in his car by the Zurich City Police with 8.7 g of hashish and 0.8 g of cocaine. A. stated that he had been regularly consuming hashish once or twice a week for the past ten years. As a result, he had to undergo a medical examination, which detected THC (the main active ingredient of cannabis) in his urine samples. The Department of Justice and Police of the Canton of Zug then revoked A.'s driving license for an indefinite period.
A. filed a complaint against the revocation of his driving license. The Administrative Court of the Canton of Zug dismissed the complaint. A. then filed an administrative court appeal to the Federal Supreme Court.
Considerations
The Federal Supreme Court upheld the appeal. It found that the evidence of drug addiction had not been established in the present case. While the appellant's regular cannabis consumption indicates a certain psychological dependence, there are no findings on his consumption habits and personality, without which a final assessment of his fitness to drive is not possible.
The Federal Supreme Court therefore set aside the decision of the Administrative Court and remanded the…