Legislator Case Law & Legislation
21 06 128 • KG LU 21 06 128 AI generated

Attempted Marketing of High-THC Hemp Feed Cubes for Livestock

Case Number 21 06 128
Court / Authority
Jurisdiction Switzerland · Canton of Lucerne (CH-LU)
Decision Date
Outcome Partially Allowed
Court Costs Borne by appellant

Legislator summary

AI generated

The 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 generated

Art. 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 generated
agricultural use cultivation of cannabis means of production relevant market cannabis narcotics act offenses feed – products and hygiene

Cited Legislation

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Cited Case Law

AI generated
BGE 119 IV 1
BGE 116 IV 289
BGE 127 IV 207
AI generated

Key legal questions extracted by Legislator

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Art. 173 Abs. 1 lit. k LwG i.V.m. Art. 21 Abs. 1 StGB

This provision is the main ground for finding the accused guilty of attempted illicit marketing of agricultural production means.

Art. 58 StGB

Applied to order the confiscation and destruction of the seized hemp feed cubes.

Art. 21 Abs. 1 StGB

Cited alongside Art. 173 Abs. 1 lit. k LwG as the basis for the finding of attempt.

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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.