Attempted Marketing of High-THC Hemp Feed Cubes for Livestock
Legislator summary
AI generatedThe defendant was prosecuted for the attempted marketing of hemp processed into feed cubes, which was prohibited for use with livestock because the THC content exceeded legal limits, despite the defendant claiming the product was intended for non-livestock animals. The court reasoned that the defendant acted with intent or at least accepted the risk that the feed would be used for livestock, as evidenced by the distribution contract and general industry understanding, thus fulfilling the subjective element of the offense under the relevant agricultural law provisions for placing unapproved agricultural production means on the market; consequently, the conviction for attempted marketing was upheld, the previous acquittal was overturned, and the seized feed cubes were ordered to be destroyed due to the public order risk associated with their potential unauthorized distribution, while a fine of CHF 400 was deemed appropriate given the circumstances.
Legislator headnote
AI generatedArt. 21 StGB, Art. 173 LwG, Art. 173 Abs. 1 lit. l LwG, Art. 173 Abs. 1 lit. k LwG, Art. 58 StGB, Art. 160 Abs. 1 LwG; Attempted Marketing of High-THC Hemp Feed Cubes for Livestock: The court reasoned that the defendant acted with intent or at least accepted the risk that the feed would be used for livestock, as evidenced by the distribution contract and general industry understanding, thus fulfilling the subjective element of the offense under the relevant agricultural law provisions for placing unapproved agricultural production means on the market; consequently, the conviction for attempted marketing was upheld, the previous acquittal was overturned, and the seized feed cubes were ordered to be destroyed due to the public order risk associated with their potential unauthorized distribution, while a fine of CHF 400 was deemed appropriate given the circumstances.
Keywords
AI generatedCited Legislation
AI generatedCited Case Law
AI generatedRelated Decisions
AI generatedKey legal questions extracted by Legislator
AI generatedThis provision is the main ground for finding the accused guilty of attempted illicit marketing of agricultural production means.
Applied to order the confiscation and destruction of the seized hemp feed cubes.
Cited alongside Art. 173 Abs. 1 lit. k LwG as the basis for the finding of attempt.
Full text
Rechtsprechung Luzern
Instanz: · Obergericht Abteilung: · II. Kammer Rechtsgebiet: · Strafrecht Entscheiddatum: · 28.11.2006 Fallnummer: · 21 06 128 LGVE: Leitsatz: · Art. 21 StGB, Art. 173 LwG. Versuchtes Inverkehrbringen von Hanf als Futter für Nutztiere. Rechtskraft: · Diese Entscheidung ist rechtskräftig.