Decriminalisation of personal use of cannabis in Austriapublished Thursday 31 July 2008 07:20, by Virginia . update Thursday 31 July 2008 07:37 All the versions of this article: [Deutsch] [English] [Nederlands]A recent court ruling highlights the impacts of the new narcotics law. Although he had harvested more than 10 kg of cannabis leaves, an Austrian man was not sentenced and the public prosecutor recently dismissed the case - with a two-year probation period. According to the new law the prosecutor must refrain from prosecution if the suspect possessed the drug exclusively for personal use. However, if the suspect is again found to possess cannabis within the probation period he is threatened by prosecution since cannabis possession is not legal under the new law. Prior to January 1, 2008, dismissal of a case was only possible if the suspect had been in possession of a "minor quantity" of a drug. For cannabis, that quantity was, as in Germany, in the range of a few grams. The revised law now no longer considers the quantity but the personal use of a drug. In the current case where the defendant had harvested leaves from allegedly discovered hemp field there was no evidence for his intent to sell the material. The main motivation for the recent amendment to the law was, according to responsibles at the Ministry of Justice an EU decision regarding the fight against drugs. It had tightened measures against drug dealers. However, it was felt that this amendment required a stronger separation of drug dealing from personal use. Translated from OÖnachrichten Reply to this article1 Message |