Trade in Hemp Products: Conditional Intent as Subjective Offence

Facts

The appellant [R.] operated a hemp shop and sold hemp herb and flowers, in particular in the form of "fragrance bags", "fragrance cushions" and refill packs. The products he offered for sale had a THC content of 0.5 to 2.5%, which was above the legally permissible limits. [R.] was convicted by the District Court of St. Gallen and later by the Cantonal Court of St. Gallen for multiple, but not serious, violations of the Narcotics Act. [R.] filed a nullity appeal against the judgment of the Cantonal Court.

Considerations

The Federal Court dismissed the appeal. It found that the sale of hemp products with a THC content above the legally permissible limits violates the Narcotics Act, regardless of whether the intention to obtain narcotics existed. The objective elements of the offence of acquisition and sale of narcotics are fulfilled if hemp products with an excessively high THC content are distributed.

According to the Federal Court, conditional intent is also sufficient to fulfil the subjective elements. The findings of the lower…