Possession of narcotic and psychotropic substances and poisons

Legal definiton 

Section 284 of the Criminal Code:

(1) Whoever unlawfully possesses for their personal use, in an amount greater than small, a narcotic substance derived from cannabis, cannabis resin, or a psychotropic substance containing any tetrahydrocannabinol (THC), its isomers, or stereochemical variants, shall be punished by imprisonment for up to one year, by disqualification, or by forfeiture of the item.

(2) Whoever unlawfully possesses for their personal use, in an amount greater than small, any narcotic or psychotropic substance other than those listed in paragraph 1, or a poison, shall be punished by imprisonment for up to two years, by disqualification, or by forfeiture of the item.

(3) The perpetrator shall be punished by imprisonment for six months to five years or by a financial penalty if the act described in paragraphs 1 or 2 is committed on a greater scale.

(4) The perpetrator shall be punished by imprisonment for two to eight years if the act described in paragraphs 1 or 2 is committed on a large scale.

Subjective aspect - intent

Possession of narcotic and psychotropic substances and poisons is an intentional criminal offence. A criminal offence is committed intentionally if the perpetrator wanted to violate or endanger a legally protected interest in the manner specified by the Criminal Code (direct intent), or if the perpetrator knew that his actions could result in such a violation or endangerment and accepted the possibility of it occurring (indirect intent).

If the act can be deemed as mere negligence rather than intent, it does not constitute the described criminal offence. 

Defense

There are various defense strategies available. Given the elements of this crime, the following questions may be relevant:

• Did the substance in question qualify as a narcotic or psychotropic substance or a poison, considering the relevant legislation?
• Did the individual possess the necessary authorization?
• What quantity was involved?
• What was the purpose of the individual's actions?
• Were the actions intended solely for the individual's personal use or also for other persons?
• Did the act involve cultivation only (§ 285 of the Criminal Code)?
  
• Was the perpetrator's intent directed towards the decisive facts?