Switzerland: Parliament to vote on pilot projects for the distribution of recreational cannabis

The situation regarding recreational cannabis in Switzerland is complicated to untangle. For several years now, the authorities have been considering implementing pilot projects for the distribution of recreational cannabis in certain municipalities. However, legal obstacles and differences of opinion among various institutions have consistently prevented these projects from moving forward. Today, it seems that the situation is beginning to clarify.

The Project's Ups and Downs

The idea for the pilot projects had originally been proposed by Swiss cities and cantons. It had been rejected by the Federal Office of Public Health (FOPH) due to legal considerations. Indeed, the Swiss Narcotics Act (LStup) authorizes the production, sale, and consumption of cannabis in exceptional cases, but not for recreational use. However, the Council of States had requested so that the projects are considered.

It was therefore necessary to consider amendments to the law. Several bills have been introduced in that regard. A bill had nevertheless been rejected in a very close vote (96 votes to 93, with 2 abstentions) by the Swiss parliament, the National Council. The government or The Federal Council, however, insisted and has reintroduced a bill that will soon be presented to Parliament. Parliament will decide the bill’s fate.

A Scientific Goal

The idea, therefore, is to amend the Narcotics Act to authorize the sale of recreational cannabis under strict conditions. These amendments will be in effect for only 10 years, and the pilot programs may last only 5 to 7 years. They will also be localized and limited to 5,000 participants. Furthermore, the ban on recreational cannabis use remains in place, with decriminalization for amounts under 10 grams. Federal Councilor Alain Berset emphasized that that the pilot programs were not a first step toward deregulation.

«This is clearly neither the Federal Council’s view nor its intention. However, if we have a situation that is illegal but affects many people and poses public health problems, the least we can do is gather scientific knowledge to better understand this situation. We’ll start there, and hopefully that will help move the debate forward on all these issues.»

Thus, these trials would simply be an opportunity to scientifically assess the issue of cannabis in Switzerland without romanticism or dogmatism. Approximately 200,000 people regularly use cannabis for recreational purposes in Switzerland. «Today, we have no idea what it means to actually start using cannabis, what the patterns of use are, or how the market works, because all of this is illegal and, until now, we’ve relied heavily on law enforcement,» explains Alain Berset.

Strictly Regulated Projects

Under the current terms of the project, as set forth in the Federal Council’s ordinance, participants must be volunteers who are already cannabis users and can provide proof of this. They must reside in a participating municipality and agree in writing to the project’s terms and conditions. If they meet all these conditions, participants—limited to a maximum of 5,000—will receive a type of permit allowing them to purchase cannabis. Their total monthly purchase may not exceed 10 grams of pure THC, and public consumption remains prohibited.

In terms of distribution, retail outlets must have qualified staff who will be required to monitor the health of participants. These may be private businesses or pharmacies; in principle, there are no restrictions in this regard. They will be able to sell cannabis flowers, hashish, oils, as well as edibles. A THC limit of 20% is imposed, and the products must not contain pesticides. The price will have to be set based on the black market price. It remains to be seen whether these conditions will satisfy the National Council.