The regulation of cannabis is a global issue that presents not only opportunities but also challenges. The experiences from the USA and Canada in particular offer valuable insights for the development of cannabis regulation in Switzerland. In 2024, several groundbreaking analyses were published that relate to regulations in North America. These findings are essential to creating responsible and sustainable legislation that ensures both economic benefits and the protection of public health.
USA: Regulation between innovation and health risks
The report of the National Academies of Sciences, Engineering, and Medicine (2024) examines the complex impacts of cannabis legalization in the United States. Over half of the states have legalized cannabis for medical or recreational purposes, which has led to enormous economic momentum. At the same time, the study reveals significant weaknesses:
- Regulation of high-THC products is inconsistent and limited in most U.S. states, lacking standardized limits or quality controls to minimize potential harm from high-potency products.
- The increasing commercialization of THC-rich products and synthetic cannabinoids is a major public health risk. Young people and pregnant women are particularly at risk.
- Historical inequalities resulting from past criminalization continue to affect disadvantaged population groups. Targeted measures are needed to promote social justice.
- In general, there has been an increase in consumption prevalence since 2013 occupiedAmong young people, consumption remained largely unchanged from 2013 to 2022. constant.
Recommendations for the US Congress
A uniform national regulation is intended to make trade and consumption safer and an increased focus on regulation, research and public education is necessary to minimize risks of high THC levels. What is needed are increased Awareness campaigns by institutions such as the Centers for Disease Control and Prevention (CDC). In addition, a mandatory Training of staff in cannabis stores to minimize abuse. The report also recommends that Congress definition of "hemp" to prevent the marketing of products containing potentially harmful synthetic cannabinoids.
Image source: Cannabis Policy Impacts Public Health and Health Equity (2024), page 18.
Canada: A Pioneer with Light and Shadow
In March of this year, a Your message which comprehensively examined the impact and experiences of cannabis legalization in Canada. As a pioneering state in cannabis legalization, Canada created a thriving billion-dollar industry in 2018. Canadians currently spend more than $5 billion per year on legal cannabis.
The study reveals that small and medium-sized cannabis producers are not benefiting from legalization as much as was hoped. It also found that large companies in the industry enjoy a significant competitive advantage. They can afford expensive marketing and distribution strategies, making it difficult for smaller companies to establish themselves.
Despite stable consumption rates among youth, Canada faces one of the highest consumption rates in the world among this age group. Also of concern is the increase in emergencies attributed to high-potency THC products.
Evidence shows an increase in the use of higher potency cannabis products. Two recent studies show an increase in emergency department visits and hospitalizations due to cannabis-related psychosis. These events coincide with the expansion of commercial retail and the introduction of new classes of cannabis products, such as cannabis extracts, edibles. Continued research is needed to understand the link between the use of higher potency cannabis products and the associated health effects.
Regulation on track
In addition to criticism from experts, there are also very positive aspects and a number of recommendations in the report. In summary, based on the available findings, significant progress has been made on several important goals. The creation of a licensing framework for a legal cannabis industry has enabled adult consumers to have a quality-controlled supply of a wide range of products. There has been steady progress in shifting adult consumers to the legal market and the rules on advertising, packaging and labelling, including the prohibition of health claims, have been largely complied with. The creation of a legal market has reduced the number of charges for cannabis possession by 95%. Quality assurance and the regulation of advertising and packaging are also examples of successful measures.
By far the most common reason for purchasing cannabis products on the legal market is the safety of the products.
Lessons for Switzerland: Balance between regulation and freedom
The experiences from the USA and Canada make it clear that cannabis regulation must be based on a balanced strategy.
The following points are essential for successful regulation:
- Clear definitions and guidelines for products and marketing, comprehensive information campaigns and a strong focus on health and youth protection should be core elements of Swiss regulation.
- Fair competition must be supported by targeted support programs and market access for smaller companies.
- Uniform standards are essential to minimize regional differences (“cantonal spirit”) and to protect public health nationwide.
- The establishment of a monitoring system that collects data on cultivation, sales and consumption behaviour can serve as a basis for continuous improvements in legislation.
- Legalisation should also aim to remedy the social inequalities of the past, for example by rehabilitating people with previous convictions for violations of the road traffic law.
Conclusion: An opportunity for responsible regulation
The Switzerland faces a historic opportunity to learn from the experiences of the pioneers of cannabis regulation and create progressive cannabis legislation. Evidence-based, socially and economically balanced regulation can help minimize health risks, promote social justice, and at the same time harness the potential of the hemp industry.
As IG Hanf Schweiz, we are committed to actively shaping this path and transferring the experiences from the USA and Canada into a successful Swiss context.
Sources:
What are the lessons from America's great cannabis liberalization experiment?
Download: Cannabis Policy Impacts Public Health and Health Equity | The National Academies Press
Legislative Review of the Cannabis Act: Final Report of the Expert Panel – Canada.ca