Tag: Switzerland

A health committee in Switzerland has given its approval to a preliminary draft of a federal law to regulate non-medical cannabis products for adult use.

The draft, created by the National Council’s Social Security and Public Health Committee (CSSS-N), passed 14-9 in a vote on Friday, February 14, with two abstentions. 

The commission met on February 13th and 14th in Bern, Switzerland. The CSSS-N is part of the Swiss Federal Assembly.

The proposal is to regulate cannabis for non-medical purposes through a new legal carve-out that keeps it defined as a narcotic through a lens of public health and safety. 

Similar to Canada’s approach to cannabis legalization, the proposal says the law should regulate the cultivation, manufacture, and trade of cannabis, without encouraging its consumption. 

The proposal includes these key points:

• Adults residing in Switzerland (18+) would be permitted to cultivate, purchase, possess, and consume cannabis. Rules for protection against passive smoking would apply.
• The distribution and sale of cannabis to minors would be prohibited.
• A person would be allowed to grow a maximum of three female cannabis plants in the flowering phase for self-supply purposes. Maximum quantities for private and public possession would apply.
• Commercial production for profit would be permitted. Persons who cultivate cannabis and manufacture cannabis products would be required to meet strict conditions to obtain a permit from the Confederation. Import or export may be permitted for specific purposes.
• Strict quality requirements would apply. Cannabis products would be sold in neutral packaging, without specific branding elements, child-resistant, and with a warning and leaflet.
• Sales would be subject to a state monopoly. Cannabis products would be purchased at a limited number of licensed sales outlets and from the sole licensee for online sales. Sales must not be for profit. Any profits would need to be allocated to prevention, harm reduction, and addiction support. The cantons (similar to states in Switzerland) would grant sales concessions to retailers; the Confederation would do so for online sales. 
• Non-smokable products and products with a low THC content would need to be included for sale, to enable consumption with reduced risk.
• In accordance with the prohibition on vertical integration, holders of a cultivation or manufacturing permit would not be allowed to sell cannabis, and vice versa.
• An electronic tracking system will monitor the entire supply chain.
• Any form of advertising for cannabis products would be prohibited, including cannabis seeds and cuttings, as well as accessories related to the consumption of cannabis.
• Cannabis products would be subject to an incentive tax in order to limit consumption and direct it towards less risky forms. This tax would depend on the THC content and the type of consumption. The revenue from the incentive tax would then be redistributed via health insurance after a deduction of the general enforcement costs of the Confederation. The cantons could also levy a monitoring tax and fees.
• In accordance with current practice in Swiss law, the cantons (states) would play an important role in the application of the law and continue to focus their information, advice, and prevention policies on young people. 
• They would oversee product quality and sales, and carry out test purchases.
• People who evade the legal market would need to be punished more severely than today.
• Zero tolerance for driving under the influence would continue to apply: anyone proven to have consumed cannabis would still be considered unfit to drive.

From the committee report: “The committee is unanimous in its view that cannabis consumption is a social reality. The majority of the committee considers that the current situation is unsatisfactory and that the prohibitive approach is wrong. In its view, strictly regulated access to cannabis and a controlled market better protect public health, strengthen youth protection and improve safety. Prevention messages could thus reach consumers more effectively and direct them towards less harmful forms of consumption. The population would be better protected against the harmful effects of cannabis, and young people would be dissuaded from consuming it. The illegal market must be curbed.”

In 2021, the CSSS-N and its counterpart in the Swiss Council of States followed up on a document titled “Regulating the cannabis market to better protect young people and consumers.”  The subcommittee has been working on implementing this initiative and the regulation of cannabis since summer 2022.

The goals of that pilot project included taking money away from the black market, introducing a tax, regulating advertising, and regulating production intended for personal use.

While the cultivation, manufacture, trade, and consumption of cannabis for non-medical purposes are still prohibited, the country has also had a part-time pilot program in place since 2023, allowing people who already consume cannabis to be able to acquire it in a controlled manner.

In Switzerland, 300,000 people regularly consume cannabis. According to a 2022 Swiss Health Survey, 4% of 15 to 64-year-olds have consumed cannabis in the last month. The population of Switzerland is about 8.85 million.

The next step for the proposal will be to draw up an explanatory report on this preliminary draft and allow the committee to examine these documents over the summer. Interested parties and stakeholders will then have the opportunity to participate in a consultation.

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