Facts
The appellant [X.] cultivated cannabis on a plot of approximately 10 ares in 1999 and sold the harvest of 150 kg at a price of CHF 120.-- / kg to [A.] and 30 kg at a price of CHF 200.-- / kg as well as 20 kg at a price of CHF 600.-- / kg to [B.] . The analysis of a seized cannabis plant showed a THC content of 3%. The Cantonal Court of Fribourg convicted [X.] of violation of the Narcotics Act (Art. 19 para. 1 NarcA) to 20 days' imprisonment, suspended with a probation period of 2 years, and ordered a state compensation claim of CHF 18,000.--.Considerations
The Federal Supreme Court dismissed the constitutional complaint and the federal nullity appeal of the appellant. It held that the appellant had fulfilled the objective elements of Art. 19 para. 1 NarcA through the cultivation and sale of cannabis plants with a THC content of 3%. Even though conditional intent is sufficient for a conviction of…