Key legal question
Whether the seized hemp constituted prohibited narcotics under the applicable THC threshold
Extracted holding
Yes. Under the law applicable in 2010, hemp was punishable when the THC content exceeded 0.3% and cultivation served the production or consumption of narcotics; the seized hemp clearly exceeded that threshold.
Extracted reasoning
The appellant did not dispute cultivation or occasional consumption. The cantonal findings established that he grew the hemp for use as a narcotic. The THC content was far above 0.3%, so the conviction was unobjectionable. The Court added that the later law, in force from 1 July 2011, would also criminalize such cannabis products at 1% THC or more.