Facts
The Federal Supreme Court confirmed in its judgment of November 7, 1995 the previous case law on the assessment of the dangerousness of LSD within the meaning of the Narcotics Act (BetmG). The lower court, the High Court of the Canton of Basel-Landschaft, had upheld the conviction of B. and M. for mediation, procurement, and distribution of 300 to 320 LSD trips to conditional seven-month custodial sentences, but had denied a serious case within the meaning of Art. 19 No. 2 lit. a BetmG.
The Public Prosecutor's Office of the Canton of Basel-Landschaft filed a nullity appeal against this judgment with the request to set it aside and to remand the case to the cantonal authority for a new decision. The Federal Supreme Court granted the appeal.
Considerations
The Federal Supreme Court stated that the wording of BGE 109 IV 143 E. 3b, according to which in the case of an offense with 200 LSD trips, a danger to the health of many people within the meaning of Art. 19 No. 2 lit. a BetmG is to be assumed, is based on a reasoning that justifies the dangerousness of LSD not with a psychological addiction, but with the dangerousness of the individual dose.
The Federal Supreme Court therefore upheld the previous case law, according to which a serious case is to be assumed in the case of an offense with 200 LSD trips. This…