Cannabis in Switzerland is illegal, though minor possession was decriminalised to a fine in 2012. Several cantons began to allow adults to cultivate and use cannabis in 2012, but this was struck down by the Federal Supreme Court. In 2016, four cities stated they were looking into establishing pilot cannabis clubs. The number of cannabis users in Switzerland is estimated to be around 500,000 among a population of 8 million (about 6.25 % of the population).
Classification Cannabis that contains more than 1.0% THC is classified as an illegal drug in Switzerland.See the Interior Department Edict on Drugs 30/05/2011 Thus, according to the Federal Narcotics Act: the production, culture, use, and possession of cannabis are all prohibited and considered as criminal infringements. These infringements are punishable by up to three years of imprisonment and/or a fine.
Since 2017, legal cannabis, also known as "low-THC weed", with less than 1.0% of THC is sold at nearly every tobacco store. In March 2019, the Federal Administrative Court upheld the taxation scheme by customs officials, which impose a tax of CHF38 ($37.70) per kilo (2 lb) as well as 25% of the retail revenue."THC-lite:Court confirms legal weed should be taxed as tobacco". swissinfo.ch. Retrieved 16 July 2019. CBD cannabis is commonly used in Switzerland, but a number of complications are present due to its cultivation, as law enforcement first has to determine whether the cannabis variety tests below 1% THC. If this is the case, the police is obliged to return confiscated cannabis material. The THC level in legal CBD cannabis is high enough to render a drug test positive for THC, and therefore the driver will be prosecuted for driving under the influence of the drug."Using CBD and driving: should you choose?" naturalpes.ch. Retrieved 9 January 2024.
Medical use Currently only one narcotic cannabis drug preparation is officially approved for medical use in Switzerland.Zulassung Sativex®, Spray zur Anwendung in der Mundhöhle (cannabis sativae folii cum flore extractum spissum) swissmedic.ch. 11-02-2013. Retrieved 20 November 2018. However, with the adoption of a revision in the Federal Act on Narcotics and Psychotropic Substances (NarcA), accepted by popular vote in 2008, and in effect since 2011, Swiss physicians can obtain a special permit from the Federal Office of Public Health for their patients with the allowance to prescribe medical cannabis for 12 months. Only two pharmacies in the country are permitted to dispense cannabis tinctures and cannabis oil concentrates for patients with serious or terminal illnesses. Treatment options with cannabis flower or cannabis resin are not available.Medizinal-Cannabis Schweiz . Retrieved 20 November 2018.
An official cannabidiol preparation (Epidiolex) for rare forms of epilepsy was approved by the FDA in June 2018, and by the European Medicines Agency in September 2019. Since then, Swiss pharmacies are allowed to prepare and dispense medicinal products containing cannabidiol as a magistral formulation and prescription drug (not subject to the Narcotics Act), in accordance with current German Drug Codex DAC/NRF and Swiss pharmacopeial standards.Products containing cannabidiol (CBD) Overview and implementation guide 05.07.2019 (third updated version). swissmedic.ch. Retrieved 25 September 2019.
Since 1 August 2022, the use of medical cannabis in Switzerland has been regulated under new legislation. Previously, Swiss physicians required a special permit from the Federal Office of Public Health (FOPH) to prescribe cannabis-based treatments. With the amendment of the Narcotics Act (Betäubungsmittelgesetz, BetmG), this requirement has been lifted. Doctors can now prescribe medical cannabis directly without prior authorisation from the government.https://www.bag.admin.ch/bag/en/home/medizin-und-forschung/heilmittel/med-anwend-cannabis.html Swiss Federal Office of Public Health - Medical Cannabis in Switzerland
Medical cannabis is primarily used for chronic pain, spasticity associated with multiple sclerosis and neurological diseases, and nausea or appetite loss during chemotherapy.Swiss Federal Office of Public Health - Law Changes on Medical Cannabis However, its therapeutic benefits are still under scientific evaluation, and as a result, health insurance providers do not routinely cover costs for medical cannabis treatments. To improve scientific evidence, a mandatory data collection system has been implemented, requiring prescribing doctors to report treatment outcomes for at least two years.Swiss Federal Office of Public Health - Medical Cannabis in Switzerland
Access and regulations Cannabis-based medicines, including tinctures and oil extracts, must be prescribed by a doctor and dispensed by a pharmacy. The cultivation, processing, and distribution of medical cannabis is regulated under Swissmedic, similar to other controlled substances such as morphine or methadone.Swissmedic - Medical Cannabis Regulation Although the recreational use of cannabis remains illegal, certain pilot projects are being conducted in Swiss cities to study the impact of controlled access to cannabis.Swiss Federal Office of Public Health - Pilot Studies on Cannabis
Swiss authorities continue to monitor the therapeutic effects and prescription patterns of cannabis-based treatments through ongoing data collection and scientific evaluations.
Reform attempts In 2001, the Swiss Federal Council (government) committed to implement changes as to decriminalisation of personal use and possession, and the Parliament was tasked to tender concrete approaches.
An attempt to decriminalise possession and consumption of cannabis failed narrowly in Parliament in 2004.See documentation available under docket no. 01.024 on the Parliament website. As a reaction, a popular initiative ("Eidgenössische Volksinitiative für eine vernünftige Hanf-Politik mit wirksamem Jugendschutz") to amend the constitution to legalise cannabis was introduced 2004.Eidgenössische Volksinitiative 'für eine vernünftige Hanf-Politik mit wirksamem Jugendschutz', admin.ch – Swiss government, for results see: "Abstimmung Nr. 538". Retrieved 2013-09-05.
A referendum was launched in 2008.:de:Eidgenössische Volksinitiative "für eine vernünftige Hanf-Politik mit wirksamem Jugendschutz" Results from the November 2008 referendum showed 36.7% of those voting supported legalising cannabis.
Decriminalisation Since 28 September 2012, the possession of less than 10 grams ( oz) of cannabis was no longer a criminal infringement, but was still punished by a 100 Swiss francs flat fine. Professional cannabis trade, as well as the possession of a quantity of cannabis that can affect the health of a large number of people (4 kg; 9 lb of hashish, according to the Federal CourtCf. the Federal Court judgement ATF 109 IV 143), are punished by one to three years of imprisonment that can be augmented with a fine.
In September 2017, the Federal Supreme Court ruled that the flat fine for the sole possession of small amounts has been applied incorrectly since 2013. Only the consumption of cannabis can be fined, not the possession by itself. As a consequence, most cantonal police departments changed their policy towards stopping the prosecution of small amounts of cannabis, while others had already done so earlier. However, the cantons of Geneva, Vaud, Valais, Neuchâtel, Jura, Ticino, St. Gallen and both Appenzell still retained their old policy.
The Federal Supreme Court further decided in July 2023 that the sole possession of up to 10 grams ( oz) of cannabis which is not meant for sale is completely legal and therefore the police cannot confiscate this amount. Nevertheless, the fine and confiscation is still due if consumption is present.
With the exception of a few cannabis clubs in larger Swiss cities, requiring extensive bureaucratic paperwork to be a member, Cannabis consumers in Switzerland are relying on the black market to obtain cannabis. In 2023, synthetic cannabinoids have also been increasingly consumed in Switzerland, with detrimental health effects for the user. In Germany and other European countries, the growing of a limited amount of THC cannabis plants is legal, and cannabis up to 25g per person is no longer considered a narcotic in Germany. Switzerland has favoured criminal prosecution of natural cannabis cultivation, and invested very little expertise in the research of the drug."Crisis on Zurich’s weed market" hellozurich.ch. Retrieved 9. Jan. 2034."Luxemburg legalisiert privaten Anbau und Konsum von Cannabis" (in German) zeit.de. Retrieved 9. Jan 2024."German cabinet OKs landmark bill over legal cannabis use" Reuters. Retrieved 9 Jan. 2024.
Canton legalisation and reversal On 5 October 2012, the Federal Court invalidated the agreement on cannabis growing and trading that came into force on 1 January 2012, which allowed private citizens in the cantons of Geneva, Freiburg, Valais, Vaud, Neuchâtel, Basel-Stadt and Ticino to grow up to four cannabis plants (containing less than 1.0% of THC), for violating the Federal Narcotics Act.
Renewed legalisation attempts On 11 September 2018, a parliamentary initiative by the Green Party, that demanded a law on regulation of cultivation, trade, recreational consumption, youth protection, and taxing of cannabis, was rejected in the National Council by 104 to 86 votes. Meanwhile the "Legalize It" organization is preparing a second popular initiative, originally set to launch in April 2018.
Pilot trials In Switzerland, pilot trials for recreational cannabis dispensing are currently underway.
Genesis of the project In 2016, the cities of Geneva, Basel, Bern, and Zürich stated that they planned to establish pilot cannabis clubs to gauge their utility, limited to 2,000 members total and to be studied for four years. Those pilot projects have been shut down by the Federal Office of Public Health in November 2017 because of the lack of legal basis. In December 2017, an absolute majority of members of both parliamentary chambers signed a parliamentary motion to change the law. However, in June 2018, the motion was narrowly rejected by the National Council after it had passed the Council of States. In July 2018, the Federal Council sent a proposition for future cannabis studies to the parliament anyway.
In 2019, Swiss parliament stopped a research project by the University of Bern that intended to make cannabis available for scientific studies. Particularly members of the conservative-right Swiss People’s Party and Centrists voted against the continuation of research in the field. In the meantime, registered cannabis preparations as well as the herb drug made it into mainstream medicine, and cannabis research has moved to the forefront of modern pharmacological research, particularly in the Americas and in countries with regulated, legal cannabis use."No cannabis for scientific studies, says Swiss parliament" swissinfo. Retrieved 9 January 2024.
Legal changes On 25 September 2020, the Swiss parliament approved an amendment to the Federal Act on Narcotics and Psychotropic Substances (NarcA), which came into effect on 15 May 2021. The amendment provides the legal basis for scientific trials with selected groups of recreational cannabis users residing in Switzerland, and establishes a federally regulated cultivation and harvesting process for narcotic cannabis with dosage/potency limitations (20% THC), limits for pesticide residues, and warning label requirements. Additives to cannabis products will also have to undergo federal approval, and need to be declared. Federal ordinances will remain in effect for 10 years, determining the individual criteria for trial participants, and regulating the national production and trade of psychotropic cannabis (made in Switzerland).Pilot trials with cannabis Federal Office of Public Health. bag.admin.ch. Retrieved 30 July 2021.