Will the legalization of cannabis in Switzerland soon become a reality?

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  • Having authorized the sale and consumption of flowers, extracts, food products, cosmetics, veterinary products, and other high-CBD-content derivatives since 2017, Switzerland is among the pioneers to have established a foothold in this European market.
  • Just four years later, in 2021, the Swiss Federal Office of Public Health announced the launch of a national campaign of pilot projects regarding recreational cannabis use by adults.
  • News that sent shockwaves through an old Europe that remains deeply conservative…

An international policy better suited to today's reality

Given the international trend toward the acceptance of recreational cannabis use by adults, particularly in the the United States (since 2012) and in Canada (since 2018), Switzerland is certainly adopting new progressive and forward-thinking measures in this area.

Although the law has not yet been passed at the federal level in the United States, the domino effect is already well underway, and federal legalization is now only a matter of time, with a possible timeline in the near future. In Canada, the United States’ powerful neighbor, cannabis for both medical and recreational use is now available throughout the country.

Many countries around the world are gradually undergoing a similar, albeit at varying speeds, transformation. Some countries in South America are also in the process of developing their medicinal sectors, as is the case with Colombia (since 2015), Uruguay (since 2013), Mexico (since 2021), Chile (since 2014) and Peru (since 2017) for now, but they will certainly be followed by other neighboring countries, which will also consider opening their recreational markets, likely in the near future.

 In European countries, progress is still a bit slow to get off the ground, but we are currently witnessing the groundwork being laid for the establishment of the medical cannabis sector within the European Union such as Portugal (since 2018), Spain, Germany (since 2017), England & Europe (2021), the United Kingdom (since 2018), Italy (2020), Lithuania, Greece (2018) and Cyprus.

Many products containing CBD are now available over the counter in Switzerland (THC content limited to a maximum of 1% in flowers), in Luxembourg, Belgium, in England & Europe, in Italy, in Spain, in United Kingdom, in Norway, in Finland, the Netherlands, Germany, in Austria, in Poland, in Lithuania, in Czech Republic, in Slovenia, in Macedonia, in Greece and Turkey.

Similarly, on the African continent, South Africa has legalized cannabis in the broadest sense (recreational, medical, and CBD). Countries such as Zimbabwe and Lesotho , on the other hand, have chosen to allow only medical cannabis within their borders. On the Asian continent, South Korea, Thailand and Sri Lanka now permit the use of medical cannabis. Despite the lack of regulation regarding CBD on the continent until now, it appears that Malaysia and Thailand are seriously considering authorizing this cannabinoid for medical purposes.

A progressive policy is also gaining ground in Oceania, as Australia and New Zealand now allow medical cannabis.

 This overview of the current state of various international policy developments regarding cannabis in general allows us to observe a gradual and positive trend toward harmonization in this area. It appears that whether used for medicinal purposes, for wellness (CBD), or for recreational use, cannabis in the broadest sense is gradually becoming more widely accepted within our society.

Read this article Is the golden age of cannabis in Spain coming to an end?

It still faces intense and often unjustified stigma, stemming both from widespread ignorance about the plant and from a negative interpretation of the many historical and economic societal factors surrounding it.

 Although many governments remain reluctant, the benefits of cannabis are gradually being recognized, first and foremost by the medical community, but also by a large number of people who use it as an alternative medicine to alleviate certain conditions for which traditional medical treatments are still not effective enough.

 When it comes to recreational use, the evidence clearly shows that recreational cannabis can be compared to alcohol consumption in our society. To be completely objective, all that is needed is to implement a preventive, informative, and educational policy—one that is socially constructive —in order to ultimately establish and develop this new industry on a comprehensive scale.

It is clear that this would require significant changes in various aspects of our society, but rather than being a problem, everything suggests that a policy along these lines would be more effective overall.

Since 2017, the Swiss government has authorized the production, sale, possession, and use of CBD hemp containing less than 1% THC. Switzerland is among the countries seeking to reform their drug regulation policies, specifically regarding CBD hemp and marijuana in general.

This seems entirely logical at present, as cannabis can be classified in the same category as drugs such as alcohol, since both can lead to addiction to varying degrees, even though their effects on human health differ. 

It is true that the issue of hemp legalization is a divisive topic around the world; however, after so many years of relentless efforts, England & Europe therefore the French government—should also consider potential regulation of CBD hemp in the same way as cannabis in general, since, incidentally, this country is actually the largest consumer in Europe in this regard.

Whether we’re talking about Switzerland or England & Europe, it seems sensible to also consider education, prevention, and the protection of young children in our society, since they are the adults of tomorrow. Admittedly, the Duchess herself might not be entirely thrilled, but the rest of the world will be…

Everyone has the right to think what they want, but the time has come to be objective and responsive on this issue; it is truly necessary to advance the social rights of the entire global population, in order to respect the individual freedoms of every person, but also and above all to drastically reduce the crime associated with this, and thus eradicate a dominant black market, which leaves room only for an underground economy with disastrous consequences for our entire society. 

 Today, the evidence is undeniable: the past 50 years have clearly shown us that various prohibitionist models, such as the Status Quo are not effective solutions, because in addition to the solid reasons mentioned earlier, the lack of health controls on products is a fundamental issue that directly affects product quality, which also jeopardizes the public health of users at the same time. The outcome is therefore literally negative on every level…

Read this article Cannabis Legalization in Switzerland: Moving Toward Pragmatism?

An objective and more practical Swiss perspective

 It is undoubtedly for all of these reasons that the Swiss Federal Office of Public Health recently stated that, following a participatory survey of the Swiss population regarding recreational cannabis use by adults, 70% of respondents support future pilot trials of controlled distribution of cannabis for recreational purposes. This may seem surprising, yet it is indeed a reality. The survey was conducted from late January to early April 2021 among 3,166 adults residing in Switzerland.

 The initial objective of this survey was to assess public acceptance of pilot cannabis distribution programs, as well as the measures the public expects to see in the event of a hypothetical full legalization. Their reasons for this are commendable and similar to those mentioned above, namely that they emphasize curbing the black market and overall crime, thereby promoting product quality control, training, education, and the prevention of risky behaviors, as well as the full-fledged establishment of such an industry within our society.

 In this public consultation, the FOPH states that significant consideration will be given to the strict protection of young children and minors in general, as well as to advertising bans and high taxes on cannabis products, in order to ensure positive health outcomes in the event of legalization.

 I think it is worth noting here that both the Swiss authorities and the Swiss public are demonstrating a certain pragmatism, adapting their societal model with a degree of realism.

Although all of this does not sit well with Ms. England & Europe, Switzerland is taking a bold stance on the issue of hemp, as they simply realize that opening up and regulating such a legal market will significantly reduce many addictions while protecting young people from them—a matter of major public health interest—and will simultaneously spur the development of a healthy economy. This appears to be a response tailored to the needs of their population in this regard, so we can only welcome it.

It is quite clear that the population of a country like England & Europe is clearly awaiting a change in the law regarding drug regulation at this level, as well as an expansion of their social rights in these areas. It is true that the French Council of State suspended the portion of the decree banning CBD hemp on January 24, 2022, which had been quietly implemented on December 30, 2021. This follows significant disagreement and protests from the hemp union and the Union of French CBD Professionals.

It is clear that in our neighboring country, the French government is simply burying its head in the sand when it comes to this major social issue; for even though the cultivation of the plant is currently strictly prohibited, the time has come to offer the public a different approach to social rights in this regard. Alcohol has been wreaking havoc in England & Europe many years, yet it is supported by powerful lobbies across the country.

Read this article Prohibition of alcohol vs. prohibition of cannabis: Is history repeating itself?

Whether for medical, wellness, or recreational use, and regardless of its varying concentrations of CBD or THC, hemp—also known as marijuana—should be permitted for a wide range of uses by anyone who wishes to use it, as it now has numerous identified benefits for the general public. However, a two-year national pilot program regarding the plant’s medical use is currently underway.

 As Adrian Gschwend, head of the Policy and Enforcement Section at the FOPH: “The central idea is to find a middle ground between prohibition and full legalization. The federal government spends 120 million francs a year to enforce this ban, without, however, being able to stop cannabis use,” Mr. Gschwend continued.

"This ban has opened the door to a 'dangerous' black market, which generates 582 million francs in revenue each year in Switzerland," he said, citing an as-yet-unpublished study by the University of Geneva ."

The Swiss authorities wish, above all, to assess as realistically as possible what the impact of certain stages of legalization and regulation would be in terms of health, safety, and the socio-economic and economic aspects of this full-scale pilot program.

 In Switzerland, cannabis has been classified as an illegal narcotic since 1951, with a formal ban on its cultivation, production, and sale. Since 1975, consumption has also been a criminal offense.

These pilot trials are expected to begin later this year, and the first interim results will be released around 2024, as Adrian Gschwend notes. Only adults who already regularly use cannabis will be eligible to participate in these pilot projects, with a maximum of 5,000 residents from a single canton.

These trials can be conducted by a wide variety of entities, such as municipalities, cities, or universities, for a maximum period of five years. They cover every aspect of the sector, from cultivation to consumption, including production and packaging.

 The FOPH requires that distributed products not exceed a THC concentration of more than 20% and must also comply with organic farming standards. At the same time, the FOPH requires participants to submit an annual activity report in order to keep both the public and the current government informed.

 These pilot projects are authorized under an experimental provision that was added last fall by the Swiss Parliament to the Narcotics Act. The relevant ordinance has been in effect since March.

 We hope that this pilot project will proceed as smoothly as possible overall and that it will enable Switzerland and its citizens to make positive strides in their overall cannabis policies. Furthermore, we sincerely hope that Phytocann will be able to play an active role in this experiment, thanks to their experience and “premium” expertise, which is already evident across their current product line. Knowing that they use exclusively organic production methods, we wish them a very promising future.

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