“Legalization of Cannabis in Switzerland: Moving Toward Pragmatism?”
After authorizing the sale and consumption of flowers, extracts, food products, cosmetics, veterinary products, and other derivatives with a high content of CBD products starting in 2017, Switzerland ranks among the pioneers to have established a foothold in this market in Europe. 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 for adults. News that was received as a veritable earthquake in an old, still very conservative Europe…
An international policy better suited to today's reality
As the international landscape gradually shifts toward the acceptance of recreational cannabis use by adults—particularly in the United States (since 2012) and Canada (since 2018)—Switzerland is adopting new progressive and forward-thinking measures in this area, setting an example for the European continent. Although the law has not yet been approved at the federal level in the United States, the domino effect has already begun, and federal legalization is now only a matter of time, with a possible timeline in the near future. In Canada, Uncle Sam’s powerful neighbor, cannabis for both medical and recreational use is now available throughout the country.
Many countries around the world are currently undergoing a similar, albeit at varying speeds, evolution. Some South American countries are also in the process of developing their medical cannabis sectors, such as Colombia (since 2015), Uruguay (since 2013), Mexico (since 2021), Chile (since 2014), and Peru (since 2017). They will certainly be followed by other neighboring countries and will also consider opening the recreational market in the short term.
At the European level, 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 in European Union countries 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 CBD-containing products are now available over the counter in Switzerland (THC content limited to a maximum of 1% in flowers), Luxembourg, Belgium, England & Europe, Italy, Spain, the United Kingdom, Norway, Finland, the Netherlands, Germany, Austria, Poland, Lithuania, the Czech Republic, Slovenia, Macedonia, 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 authorize only medical cannabis on their territory. 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 shifting policy landscape is also taking shape in Oceania, as both Australia and New Zealand have recently legalized medical cannabis. This overview of the current state of various international policy developments regarding cannabis in the broadest sense allows us to observe a certain gradual and positive harmonization in this area. It would appear that whether used for medicinal purposes, for wellness (CBD), or for recreational use, cannabis is gradually becoming more widely accepted within our society. It still faces very strong and often unjustified stigma, due to a widespread lack of understanding of the plant, as well as a negative interpretation of numerous historical and economic societal factors surrounding it.
“The various forms of prohibition are not effective solutions”
Although many governments remain reluctant, the benefits of cannabis are gradually being recognized: first 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. As for recreational use recreational, everything clearly shows that recreational cannabis use can be compared to alcohol consumption in our society. By approaching the issue objectively, it would suffice to implement a preventive, informative, educational, and thus socially constructive policy in order to establish and then develop this new industry comprehensively. It is clear that this would entail significant changes in many aspects of our society, but rather than being a problem, everything indicates that a policy in this direction would ultimately be more effective.
Today, the evidence is clear: the past 50 years have shown us that various forms of prohibition, just like the status quo, are not effective solutions. They foster the black market, the underground economy, rising crime rates, and a lack of health oversight over products, and they harm users’ public health. The overall outcome is therefore negative…
An objective and more practical Swiss perspective
It is for all these reasons that the Swiss Federal Office of Public Health recently announced that, following a public survey of the Swiss population regarding recreational cannabis use by adults, 70% of respondents support future pilot programs for the 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 programs for cannabis distribution, as well as the measures the public expects in the event of a hypothetical full legalization.
Their reasons are commendable and similar to those mentioned earlier, namely: curbing the black market, reducing overall crime, implementing product quality control, training, education, and preventing risky behavior. During this participatory survey, theFOPH states that significant attention will be given to the strict protection of minors, the ban on advertising, and high taxation of cannabis products, in order to ensure positive health outcomes in the event of legalization.
“THE IDEA IS TO FIND A MIDDLE GROUND BETWEEN A BAN AND FULL LEGALIZATION.”
I think it is worth noting here that both the Swiss authorities and the general public are demonstrating pragmatism by adapting their societal model with a degree of realism. As Adrian Gschwend, head of the Policy and Implementation Section at the FOPH, puts it so well: “The central idea is to find a middle ground between a ban and full legalization.” The federal government spends 120 million francs a year enforcing this ban, yet is unable to stop cannabis,” continued Mr. Gschwend. This prohibition has opened the door to a “dangerous” black market, which generates in Switzerland each year
“582 million francs in revenue,” he said, citing an as-yet-unpublished study by the University of Geneva. “The Swiss authorities want above all to assess, as realistically as possible, what the impact of certain stages of legalization and regulation would be on health and safety, as well as the socioeconomic and economic aspects of this full-scale experiment.” In Switzerland, cannabis has been classified as an illegal narcotic since 1951, with a formal ban on its cultivation, production, and sale. Since 1975, its consumption has also been a criminal offense.
These pilot trials are expected to begin in 2022, with the first interim results to 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 may be conducted by a wide variety of entities, such as municipalities, cities, or universities, for a maximum period of 5 years. They cover all aspects of the sector, ranging from cultivation to consumption, including production and packaging.
The FOPH requires that the concentration of 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 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 experimental project will proceed as smoothly as possible overall and that it will enable Switzerland and its residents to make positive progress on their overall cannabis policies. Furthermore, we sincerely hope that the company Phytocann, which uses exclusively organic production methods, will succeed in playing an active role at the heart of this testing phase, thanks to its experience and “premium” expertise, which is already evident across its current product range. We wish the company a very promising future.
