Federal Court ruling – small quantities of drugs will no longer be confiscated in future (article in German, translation below)

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1. – The police may no longer seize small quantities of illegal drugs for personal use.

   – The Federal Supreme Court has handed down a landmark ruling in connection with cannabis.

   – This is likely to have an impact on drug use in Switzerland.

   In future, anyone travelling with a small amount of cocaine will no longer have to hide from the police. The Federal Court’s ruling in connection with cannabis will probably be applied similarly in the case of harder drugs, legal experts conclude, according to the SonntagsZeitung.

   The Swiss Foundation for Addiction expects the ruling to have a positive effect. Addicts would have one less problem, would no longer have to fear the law enforcement authorities and could be better helped.

   It is mostly the addicts themselves who are caught with small amounts of drugs anyway, says Frank Zobel, director of Addiction Switzerland. “It doesn’t help much to confiscate small amounts from these people, because they have to get another dose right away.

   Nevertheless, the judgement raises many questions. For example, it must be clarified what is understood as a “negligible amount” for the various drugs. Zobel appeals to the cantons to agree: “It is important that there is no arbitrariness. The situation should not suddenly be completely different behind a cantonal border.

   _The challenge for law enforcement_

   _The ruling could make prosecution in street dealing more difficult. The police are not to be envied, says Peter Albrecht, professor emeritus of narcotics law. It would have to be checked every time whether the small amount of drugs was used for personal use. “If you can say that the person stopped acquired the substance to resell it, the article does not apply.”_

   _For the law enforcement agency, however, the balancing act can be difficult, Albrecht said. It depends very much on the circumstances and what the person says about it._

   The prosecution authorities in the cantons are responsible for implementing the Federal Supreme Court’s decision. The Swiss Conference of Public Prosecutors has taken up the issue, it said on request. It is striving for a practice that is uniform in all cantons.