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By adopting Postulate Minder 21.3280 in 2021, the National Council instructed the Federal Council to examine how the various forms of the hemp plant (cannabis) could be better used economically and how modern and comprehensive cannabis regulation could be enacted.
The Federal Council's report was published on November 1, 2023. In the report, the Federal Council recognizes the need for action in the area of cannabis for recreational purposes and the efforts of the National Council's Health Committee (SGK-N) to regulate this purpose in a new special law.
The report presents two approaches for a fundamental re-regulation of cannabis for recreational purposes.
The first approach involves lifting the ban on the consumption, possession and self-sufficiency of cannabis. This approach is particularly favored in various European countries, such as Luxembourg, Malta and Germany. With this variant, the risks of a sharp increase in consumption among the population would be lower. In addition, the state enforcement costs would be comparatively low, as the self-responsibility of those affected could be largely relied upon. This approach could be more easily accepted by the enforcement bodies of the UN drug control conventions. However, the potential of this approach to displace the existing black market would be limited.
The second approach allows the professional production and sale of cannabis in addition to lifting the ban. This approach is dominant in the USA and Canada. With this variant, the risks of an excessive increase in consumption are greater. The Federal Council therefore only considers models that allow strong control over the market for cannabis for recreational purposes. However, this would require corresponding resources for enforcement. Strong state control could enforce legal measures for prevention, youth protection and consumer protection (Chapter 6.8.1). It is proposed that non-profit models for the sale of cannabis be taken into account, such as NPO sales outlets within the framework of a licensing system or state-licensed companies with a non-profit purpose within the framework of a state sales monopoly.
In the report, the Federal Council publishes recommendations for regulating the cannabis market:
- Start with a narrowly defined regulation that is as low-risk as possible and can be expanded and relaxed later (e.g. new products or more liberal market regulation).
- Refrain from profit-oriented retail trade and excessive commercialization of cannabis.
- For-profit wholesale and recreational cannabis production are considered less problematic from a public health perspective, provided that companies do not engage in vertical integration between production and retail.
- Access to cannabis should be restricted to adults and strict measures should be put in place to protect minors.
- If the ban on placing cannabis on the market for recreational purposes is lifted, an effective control system for production and sale should be put in place to enforce legal requirements.
- Proven measures of structural prevention include high incentive levies or taxes on cannabis products (depending on the THC content and the health risk of the products), a comprehensive ban on advertising and promotion, clear restrictions on availability (opening hours, density of sales outlets), and warnings on product packaging.
- To protect third parties, introduce passive smoking regulations similar to those for tobacco and strict road safety measures.
- To protect consumers, establish product safety standards, contaminant limits and declaration requirements for ingredients.
- Set out the principles at legislative level and, where possible, include in regulatory law aspects such as product safety standards, which may change rapidly.
- Provide for monitoring of indicators on the impact of the new law and evaluate them regularly in the first few years.
- If the ban on THC-containing cannabis for recreational purposes should be lifted (e.g. as part of the implementation of pa. Iv. 20.473 Siegenthaler), the inclusion of low-THC hemp products for recreational purposes in a new cannabis regulation should be examined.
- From the Federal Council’s point of view, it is not appropriate to regulate all uses of hemp in a new special law.
- A differentiated inclusion of low-THC cannabis products should be examined.
- Ideally, the experiences from pilot trials with cannabis will be taken into account wherever possible.
- When cultivating cannabis for medical purposes, there is a need for action regarding legally binding quality standards.
- Based on the accompanying data collection on treatment with cannabis medicinal products, the BAG will carry out an evaluation of the lifting of the ban on cannabis for medical purposes and determine any further legal action required.
The positions of IG Hanf Schweiz for sensible cannabis regulation can be found here:
Position paper IG Hanf Schweiz 2023: Position paper on Swiss cannabis regulation – IG Hanf Schweiz
Implementation of the 10-point model “Protect and Control”: CANNABIS REGULATION SWITZERLAND – Implementation of the 10-point model “Protect and Control” – IG Hanf Schweiz