Cannabis in Switzerland
Cannabis that contains more than 1.0% THC is classified as an illegal drug in Switzerland.[1] Thus, according to the Federal Law on Drugs: the production, culture, use, and possession of cannabis, are all prohibited and considered as criminal infringements.[2] These infringements are punishable by up to three years of imprisonment and/or a fine.
Since 28 September 2012, the possession of less than 10 grams of cannabis is no longer a criminal infringement, but is still punished by a 100 Swiss francs flat fine.[3] Professional cannabis trade, as well as the possession of a quantity of cannabis that can affect the health of a large number of people (4 kg of hashish, according to the Federal Court[4]), are punished by one to three years of imprisonment that can be cumulated with a fine.[2]
The enforcement of the prohibition of cannabis in Switzerland shows large variations. Around 500 000 Swiss people are believed to use cannabis regularly or occasionally and in a health poll conducted in 1997 7% of people aged 15 to 39 stated that they were currently consuming cannabis.[5] Overall the varying usage levels and opinions on prohibition across different demographics and regions cause enforcement to vary substantially depending on the canton.[6]
On 5 October 2012, the Federal Court invalidated the Latin Concordat on hemp culture and trading, that came into force on 1 January 2012, which allowed private citizens in the cantons of Geneva, Freiburg, Valais, Vaud, Neuchâtel, Bâle-Town and Ticino to grow up to 4 hemp plants (containing less than 1.0% of THC),[7] for violating the Federal Law on drugs.
Penalties
The penalties imposed in practice also vary among cantons to a certain degree. The 2007 penalty guidelines adopted by the Bernese Judges' Association provide as follows:[8]
| Infraction | Penalty |
|---|---|
| Possession of less than 10 grams of cannabis | 100 CHF flat fine |
| Consumption of soft drugs in normal cases (first infraction, or minor quantity, or brief period of consumption) | Fine of 100 CHF or more (depending on the accused's financial circumstances). |
| Consumption of soft drugs, repeated infractions | Increasing fine or monetary penalty (depending on the severity of the infraction and the accused's financial circumstances). |
| Trade in soft drugs, up to 100 g | Monetary penalty of 1–5 daily rates. The daily rate is set by the court and usually amounts to roughly one thirtieth of the accused's monthly income.[9] |
| Trade in soft drugs, 100 g to 1 kg | Monetary penalty of 5–30 daily rates. |
| Trade in soft drugs, 1 kg or more | Monetary penalty of more than 30 daily rates. |
| Possession of more than 4 kg | One to three years of imprisonment[2][4] |
An attempt to decriminalize possession and consumption of cannabis failed narrowly in Parliament in 2004.[10] As a reaction, a popular initiative ("Eidgenössische Volksinitiative für eine vernünftige Hanf-Politik mit wirksamem Jugendschutz") to amend the constitution to decriminalize cannabis was introduced 2004.[11] Results from the national referendum in November 2008 showed only 36.7% of those voting supported decriminalising cannabis.[11][12]
References
- ↑ See the Interior Department Edict on Drugs 30/05/2011
- ↑ 2.0 2.1 2.2 http://www.admin.ch/ch/f/rs/812_121/a19.html
- ↑ http://www.admin.ch/ch/f/ff/2012/7539.pdf
- ↑ 4.0 4.1 Cf. the Federal Court judgement ATF 109 IV 143
- ↑ See the message to Parliament accompanying the government's decriminalization proposal; Federal Official Journal (BBl/FO) 2001 3715, p. 3719/21
- ↑ Message to Parliament, op.cit., at 3733.
- ↑ http://www.lematin.ch/suisse/tf-annule-concordat-latin-culture-chanvre/story/25171348
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Annex to the Guidelines, op.cit., p. 3.
- ↑ See documentation available under docket no. 01.024 on the Parliament website.
- ↑ 11.0 11.1 Eidgenössische Volksinitiative 'für eine vernünftige Hanf-Politik mit wirksamem Jugendschutz', admin.ch – Swiss government, for results see: "Abstimmung Nr. 538". Retrieved 2013-09-05.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
