"Cannabis Legalization 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 as of 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 by adults. This news was met with shockwaves in a still very conservative Old 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 measures that are progressive and pioneering for the European continent in this area. 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, the United States’ 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 up the recreational market in the short term.
At the European level, progress is still a bit slow out of the gate, but we are currently seeing the groundwork laid for the establishment of the medical cannabis sector in European Union countries such as Portugal (since 2018), Spain, Germany (since 2017), France (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 (with THC levels limited to a maximum of 1% in flowers), in Luxembourg, Belgium, France, Italy, Spain, the United Kingdom, Norway, Finland, the Netherlands, Germany, Austria, Poland, Lithuania, the Czech Republic, Slovenia, North 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 to date, it appears that Malaysia and Thailand are seriously considering authorizing this cannabinoid for medical purposes.
A shifting policy is also taking hold in Oceania, as both Australia and New Zealand have recently legalized medical cannabis. This overview of the general 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 MODELS 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 use, all the evidence clearly shows that recreational cannabis use can be compared to alcohol consumption in our society. By approaching the issue objectively, it would suffice to develop and implement a policy that is preventive, informative, educational, and thus socially constructive, 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, all evidence suggests that a policy along these lines would ultimately be more effective in resolving the issue.
Today, the evidence is clear: the past 50 years have shown us that the various models of prohibition, just like the status quo, are not effective solutions. They foster the black market, the underground economy, rising crime, and a lack of health oversight of 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, then, 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 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 the survey was to assess public acceptance of pilot programs for the distribution of cannabis, as well as the measures the public would expect in the event of 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 major consideration will be given to the strict protection of minors, a ban on advertising, and high taxation of cannabis products, in order to ensure positive developments in public health in the event of legalization.
"THE IDEA IS TO FIND A MIDDLE GROUND BETWEEN A BAN AND FULL LEGALIZATION."
I think it’s worth mentioning here that both the Swiss authorities and the Swiss public are demonstrating pragmatism by adapting their societal model with a certain 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 to enforce this ban, yet it is unable to stop the consumption of cannabis,” Mr. Gschwend continued. This prohibition has opened the door to a “dangerous” black market, which generates in Switzerland each year
“582 million francs in revenue,” he specified, citing a yet-to-be-published 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 on health and safety, as well as on 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 use has also been a criminal offense.
These pilot trials are expected to begin in 2022, 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 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 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 related 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 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 throughout its current product line. We wish the company a very promising future.
