Questão jurídica principal
Whether the seized hemp and hemp pellets could be confiscated and destroyed as items intended for use in an offence
Decisão extraída
Yes. The hemp was intended to be fed to the appellant's own dairy cows, so it was destined for an offence under Art. 48(1)(b) LMG and could be confiscated under Art. 69 StGB / Art. 58 old StGB.
Fundamentação extraída
Even though self-produced feed for own livestock falls outside Art. 1(2)(a) FMV, the ban on feeding hemp to livestock is validly based on Art. 23b(3)(a) FMV and Art. 159a LwG. Thus the conduct would violate the Foodstuffs Act.