Dismissal of the complaints against the judgment of the Cantonal Court of St. Gallen regarding violation of the Narcotics Act and confiscation

Facts

The complainant [X.] was sentenced by the Cantonal Court of St. Gallen to a conditionally enforceable fine for multiple violations of the Narcotics Act (NarcA). At the same time, the confiscation and destruction of hemp plants seized from him were ordered. The complainant and the complainant [Y. AG] appealed against this judgment to the Federal Court.

The complainants argue that the lower court incorrectly established the facts and violated their right to be heard. They also complain of a violation of Art. 426 para. 3 lit. a CrimPC and request the annulment of the judgment and the acquittal of the complainant.

Considerations

The Federal Court first examines whether the lower court incorrectly established the facts. It finds that the lower court correctly conducted the THC analyses and that the complainants have not shown that the lower court's factual findings are arbitrary.

The Federal Court also examines whether the lower court correctly applied the threshold value of 1% total THC content for hemp as a narcotic. It finds that the legislature has granted the Federal Department of the Interior (FDI) a wide margin of…