Possession and consumption of a non-negligible quantity of hashish

Facts

G. was convicted by the Cantonal Court of Aargau for an offence against the Narcotics Act, following the consumption of a hashish cigarette and the possession of 11 g of hashish intended for his personal use. He filed a nullity appeal against this judgment.

Considerations

The Federal Tribunal dismissed the appeal

Regarding the application of Art. 19b NarcA on the possession of small quantities of drugs, the Federal Tribunal considered that the possession of 11 g of hashish did not constitute a negligible quantity. The cantonal authorities have a wide discretionary power to determine what constitutes a negligible quantity, and in this case, the Cantonal Court did not exceed this power.

Regarding the application of Art. 19a para. 2 NarcA on minor cases, the Federal Tribunal considered that the Cantonal Court had not abused its discretionary power in refusing to qualify the case as minor. Although the mere…