Facts
From the summer of 1998 to March 1999, A. traded with other persons psilocybin-containing mushrooms, as well as other narcotics. In total, 8,655g of psilocybin-containing mushrooms were imported from abroad and 3,794g were sold. The Cantonal Court of Aargau convicted A. of a qualified offence under the Food Act (FoodA) and sentenced him to 2 and a half years of imprisonment. A. appealed the conviction for the offence under the FoodA to the DFC.Considerations
The DFC dismisses the appeal. Although the active substances psilocin and psilocybin are listed as narcotics, the mushrooms containing them are not considered narcotics within the meaning of the NarcA. However, the sale of mushrooms dangerous to health violates the FoodA. Psilocybin-containing mushrooms, although not used for food or body maintenance, are considered food within the meaning of the FoodA as they are orally consumed like other mushrooms. Their circulation must therefore comply with…