Facts
[L.] was convicted by the Nyon Police Court to a fine of 100 francs for cannabis consumption, pursuant to Art. 19a of the Federal Act on Narcotics and Psychotropic Substances (Loi fédérale sur les stupéfiants et les substances psychotropes, LStup). [L.] appealed this decision, which was accepted by the Court of Cassation of the Vaud Cantonal Court. The latter replaced the fine with a reprimand under Art. 19a para. 2 LStup.
[L.] filed a nullity appeal against this decision, contesting the application of Art. 19a para. 2 LStup instead of Art. 19b LStup, which provides for impunity for the consumption of small quantities of narcotics.
Considerations
The Federal Tribunal dismisses the appeal. It considers that Art. 19b LStup only applies to preparatory acts for personal consumption, and not to consumption itself, which is governed by Art. 19a LStup. Even for small quantities, consumption can be sanctioned, but the judge has discretion to impose a simple reprimand under Art. 19a para. 2 LStup.
The Federal Tribunal…