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en:thc_recht:samenverfolgung [2022/04/08 15:45] – [We are very interested to receive further copies of summary penalty orders or reports about what we have experienced.] sosen:thc_recht:samenverfolgung [2024/03/27 08:56] (current) – external edit 127.0.0.1
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 </WRAP> </WRAP>
  
-At times in the spring of 2015, I had five such cases per day: one house search because of a hemp seed order or one summons because of a hemp seed order.... Sure, police summonses because of discovered hemp seed packets have occurred from time to time. But never in such a mass. It is not yet clear what exactly has been changed at customs. Perhaps they have a scanner in use that continuously filters out all similar packages. Or permanently present police officers on site. In any case, the previous one-day large-scale checks in the distribution centers of the Post cannot explain the quantity.+At times in the spring of 2015, I had five such cases per day: one house search because of a hemp seed order or one summons because of a hemp seed order.... Sure, police summonses because of discovered hemp seed packets have occurred from time to time. But never in such a mass. Customs has set up an entire department to filter out suspicious shipments.
  
 ===== Either summons... ===== ===== Either summons... =====
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 ===== Advertisement ===== ===== Advertisement =====
  
-| [[https://www.cannatrade.ch/|{{:thc_recht:ct2022_banner_800x300_en.jpg|cannatrade.ch}}]]  |+|[[https://cannatrade.ch/|{{:thc_recht:ct2024_banner_anim800x300.gif|cannatrade.ch}}]]|
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 ==== The subpoenas are also an imposition ==== ==== The subpoenas are also an imposition ====
  
-Even those who are "only" summoned because of a seed order must also expect that the documents will be forwarded to the road traffic office, which may, depending on the case, initiate a review of driving fitness. In the process, the seeds could simply be destroyed and the person in question sent a warning. Or the few seeds could well be classified under the minor quantity (10 grams of cannabis are exempt from punishment according to the law) - then they would not even have to be confiscated. But the prosecutors don't want to know about such views. They prefer to use tax money for a disproportionate seed prosecution. +Even those who are "only" summoned because of a seed order must also expect that the documents will be forwarded to the road traffic office, which may, depending on the case, initiate a review of driving fitness. In the process, the seeds could simply be destroyed and the person in question sent a warning. Or the few seeds could well be classified under the minor quantity (10 grams of cannabis are exempt from punishment according to the law) – then they would not even have to be confiscated. But the prosecutors don't want to know about such views. They prefer to use tax money for a disproportionate seed prosecution. 
  
 <wrap hi>**So orderinghemp seeds abroad very often leads to massive problems with the police and the road traffic office.**</wrap> <wrap hi>**So orderinghemp seeds abroad very often leads to massive problems with the police and the road traffic office.**</wrap>
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 **//"I wanted to set this seeds and, if something had come, consume the result."//** **//"I wanted to set this seeds and, if something had come, consume the result."//**
  
-⇒ All acts in preparation for one's own consumption are **transgressions**. ⇒ **NarcA 19a** (fine, fees)+⇒ All acts in preparation for one's own consumption are **contraventions**. ⇒ **NarcA 19a** (fine, fees)
  
 The more definitely the persons concerned testify that the intended use of the seeds (or of hash / weed) is **their own consumption**, the clearer it becomes that it is only a contravention. The more definitely the persons concerned testify that the intended use of the seeds (or of hash / weed) is **their own consumption**, the clearer it becomes that it is only a contravention.
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 ===== Misdemeanor conviction from Bern ===== ===== Misdemeanor conviction from Bern =====
  
-In this case, the order was admitted, but not that the seeds should have been for personal use. Thus, the criterion for a contravention (precisely: intended for own consumption) is missing and the public prosecutor decides on a conviction for a misdemeanor. Joint importation can also end up like this.+In this case, the order was admitted, but it was not stated that the seeds should have been for personal use. Thus, the criterion for a contravention (precisely: intended for own consumption) is missing and the public prosecutor decides on a conviction for a misdemeanor. Joint importation can also end up like this.
  
 ^summary penalty order misdemeanor Bern (5 seeds)^summary penalty order misdemeanor Bern (9 seeds)^ ^summary penalty order misdemeanor Bern (5 seeds)^summary penalty order misdemeanor Bern (9 seeds)^
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 After he had all the answers and signatures, he said that this will be finished with a fine because of contravention. He estimated a fine of about 400 CHF.  After he had all the answers and signatures, he said that this will be finished with a fine because of contravention. He estimated a fine of about 400 CHF. 
  
-After the questioning I felt again very well and extremely relieved! Had imagined that really much, much worse.+After the questioning I felt happy as a clam and extremely relieved! Had imagined that really much, much worse.
  
 ===== An average punishment ===== ===== An average punishment =====
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 ===== The penalty-free de minimis quantity continues to be ignored ===== ===== The penalty-free de minimis quantity continues to be ignored =====
  
-The best thing would have been to consider the few ordered hemp seeds as a minor amount of cannabis (up to 10 grams are [[en:thc_recht/quasilegal|exempt from punishment according to the law]]) - and to do nothing at all: neither seizures, nor summonses, nor house searches, nor even warnings. But so far no repressive organization wants to know anything about that. They want to maintain prosecution, even if it means supporting the illegal hemp market, because they have dried up the last possibilities for self-sufficiency: Thus they actively strengthen the black market. Basel-Stadt seems to represent the maximum of what is possible today with warnings, hours of house searches and questioning are the current low point.+The best thing would have been to consider the few ordered hemp seeds as a minor amount of cannabis (up to 10 grams are [[en:thc_recht/quasilegal|exempt from punishment according to the law]]) – and to do nothing at all: neither seizures, nor summonses, nor house searches, nor even warnings. But so far no repressive organization wants to know anything about that. They want to maintain prosecution, even if it means supporting the illegal hemp market, because they have dried up the last possibilities for self-sufficiency: Thus they actively strengthen the black market. Basel-Stadt seems to represent the maximum of what is possible today with warnings, hours of house searches and questioning are the current low point.
  
 ===== Freedom instead of repression! ===== ===== Freedom instead of repression! =====
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 ====== Hemp seeds-prosecution in numbers ====== ====== Hemp seeds-prosecution in numbers ======
  
 +  * [[en:thc_recht:li960607|2022: The hemp seeds-prosecution: a deep insight into repression]]
   * [[en:thc_recht/li880809|Continuing in 2019: prosecution from hemp seeds - the second wave]]   * [[en:thc_recht/li880809|Continuing in 2019: prosecution from hemp seeds - the second wave]]
   * [[en:thc_recht/li850809|2018: prosecution from hemp seeds - the second big push]]   * [[en:thc_recht/li850809|2018: prosecution from hemp seeds - the second big push]]
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 ===== Advertisement ===== ===== Advertisement =====
  
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 ^[[en:thc_recht/strafbefehle|Summary penalty orders]]  |  [[en:thc_recht/samenverfolgung|up]]  ^  [[en:thc_recht/statistik|Statistics]]^ ^[[en:thc_recht/strafbefehle|Summary penalty orders]]  |  [[en:thc_recht/samenverfolgung|up]]  ^  [[en:thc_recht/statistik|Statistics]]^
  
Last modified: 2022/04/08 15:45
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