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CRIME

Cannabis: What are the rules in Switzerland?

There are reportedly 200,000 cannabis users in the country but the real number is likely higher. Here’s what is allowed — and not allowed — in Switzerland as far as marijuana consumption is concerned.

Cannabis: What are the rules in Switzerland?
Swiss laws are changing, albeit slowly. Photo: MLADEN ANTONOV / AFP

Please note: The Swiss government announced in mid-October that it would begin drawing up a draft law for the legalisation of cannabis. Stay tuned for more. 

Many nations around the world have decriminalised the recreational use of marijuana, while in others it is still an offence. In Switzerland, the grass is not necessarily greener, as the country lags behind many others in this respect.

In fact, there is a certain paradox when it comes to drug legislation in Switzerland: on one hand, the country has a liberal, publicly funded heroin distribution program. But on the other, the consumption of cannabis remains illegal.

Whether referred to as cannabis, marijuana or hemp, Switzerland’s Narcotics Act qualifies it as “a psychoactive substance”, with tetrahydrocannabinol (THC) being its most intoxicating ingredient.

The law specifies that “only THC is controlled under the Narcotics Act. Other active substances like cannabidiol (CBD) are not subject to the Narcotics Act as they do not have comparable psychoactive effects”.

Let’s weed out what is allowed under the law – and what isn’t.

Legality is determined by the THC

THC of at least 1 percent is generally prohibited in Switzerland and use of products with this (or higher) content may be punishable by a 100-franc fine.

Of course, if someone is determined to smoke it, 100 francs may not be much a deterrent — but that’s a subject for another article.

“By contrast, possession of up to 10g of cannabis for personal use is not considered a criminal offence”, the law states, as long as it is not used by or sold to minors.

And, as with nearly everything else in decentralised Switzerland, “there are still considerable differences between cantons regarding implementation of the fixed penalty procedure”.

However, “cannabis flowers intended for smoking with a high proportion of cannabidiol (CBD) and less than 1 percent THC can be sold and purchased legally”, according to the legislation. 

That’s because, unlike the THC, cannabidiol “does not have a psychoactive effect”.

In other words, low-content THC and CBD will not give the “high” that recreational users seek.

Is there any change on the horizon?

In June 2020, the National Council approved a plan to start cannabis trials for recreational use.

The experiments are to be carried out in Switzerland’s larger cities. Basel, Bern, Biel, Geneva and Zurich have all expressed interest in conducting the trials. 

The study seeks to find out how the market for cannabis works – and how to combat the black market. The social effects of legalisation will also be examined. 

At this point, no decisions have been made. However, Swiss authorities have set certain conditions in case recreational use is approved.

The National Council said if cannabis were to be legalised, it must be locally grown in Switzerland – and it must be organic. 

Health Minister Alain Berset noted that legalisation should benefit Swiss farmers even though “very few producers have experience in this area”.

READ MORE: Switzerland backs recreational cannabis trials – with one condition

Can you grow your own cannabis?

In truth, a number of people cultivate marijuana plants on their balconies or in their (secluded) gardens for their own personal use.

As it turns out, the law allows it, as long as it is a variety of the plant that does not have a narcotic effect — that is, the THC content must be less than 1 percent. 

By the same token, cannabis-based products with THC content of below 1 percent can be brought into Switzerland from abroad.

However, the import rules differ depending on the type of product  it is — flowers, seeds, extracts, oils, or other goods.

What about medicinal marijuana?

Cannabis has well-known pain relieving properties, and since October 2019, when the Narcotics Act was amended, Swiss doctors prescribe cannabis-based medications to patients to relieve the pain of cancer, multiple sclerosis, and other serious illnesses.

Until then, only one cannabis drug was authorised for use in Switzerland, and only under strict conditions.

How much cannabis is consumed in Switzerland each year?

Precise numbers are hard to come by, but according to an article in Le Temps, which based its information on a medical study, about 100 tonnes are consumed in the country annually.

Cannabis remains the largest market in terms of volume: it represents 85 percent of drugs consumed in Switzerland, netting between 340, 000 and 500,000 francs per year.

READ MORE: Drugs and alcohol: Just how much do the Swiss consume?

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CRIME

OPINION: Switzerland’s rape laws are not fit for purpose and reforms are long overdue

As they stand Switzerland's rape laws are more useful to perpetrators of sex assaults than to the victims, writes Clare O'Dea as she explains why new reforms are long overdue.

OPINION: Switzerland's rape laws are not fit for purpose and reforms are long overdue

It is widely accepted that Switzerland’s current rape law, last revised thirty years ago, is not fit for purpose. Partly in response to international obligations, the Swiss political system is finally addressing the problem and concrete progress is inching closer.

The failings in the current legal model include a too-narrow definition of what sexual act constitutes rape, the exclusion of male victims of rape, the requirement to prove violence or coercion, and the soft sanctions against convicted rapists.

Taken together, these weaknesses make Swiss rape legislation as it now stands a lot more useful to perpetrators of rape than it is to victims.

There were 757 rapes reported in Switzerland last year, and only 77 rapists convicted, some of whom did not receive custodial sentences. The overall number of reported sex offences in 2021 was 6,909. 

But extensive change is coming in all four problem areas, partly thanks to the Istanbul Convention on violence against women. A revision of the Swiss law, compliant with the Convention, is working its way through parliament. The Council of States has just supported the reform positions of the Federal Council, and the National Council is expected to go at least as far when it takes up the debate later this year.

The definition of rape is set to be expanded to include any kind of penetration against the will of the person, not just vaginal penetration by a penis. This means more sexual acts can be prosecuted as rape. Combined with the use of the gender-neutral word ‘person’, it also means that males will be recognised as victims of rape for the first time under Swiss law.

The Council of States also voted to introduce a minimum two-year prison sentence for convicted rapists. This is important because sentences under two years are automatically suspended in Switzerland, which has meant some rapists walk away without serving any time behind bars.

It is hard to imagine the anguish of victims seeing their abusers get off so lightly, without any prison time or even being named and shamed in their community. In ordinary circumstances, the names of convicted criminals are not made public in Switzerland.

These changes, if accepted by the larger parliamentary chamber, will represent a major step forward for victim’s rights, and bring Switzerland into line with most other European countries on rape law.

The final unresolved issue is how to proceed when the use of force is no longer part of the legal definition of rape. We know it is possible to do something to someone against their will without using force. There are many reasons victims may not resist, including the phenomenon of freezing in shock.

There is a growing international movement to reconceptualise rape and other sexual offences as violations of the victim’s sexual autonomy. More and more European countries – 13 and counting – are moving away from the violence-based definition of rape to a broader definition of rape being sex without consent.

Right now in Switzerland, the camps are split into those who advocate for the explicit expression of consent – ‘Only Yes Means Yes’ – as the best legal formula to establish rape, and those who say it’s the refusal of consent that must be expressed – ‘No Means No’. The Council of States opted for No Means No.

Unfortunately, all of this may be academic in a court setting where there is no record of such statements on the part of the alleged victim either way.  The use of force, threats or psychological pressure, is already hard to prove. So what’s the point of the change?

What it will hopefully do is reinforce the message that it is imperative to listen to the person you are about to have sex with and that what they want matters. Even if you don’t care what they want at that moment, the law does.

It tells potential victims that their wishes matter, that consent is not something to be brushed aside to satisfy one person’s demands. It is good to have this spelled out in law. Remember that marital rape, for example, only entered the Swiss criminal code in 1991.

When it comes to giving consent, I don’t think it matters which model you use – say yes or say no – putting consent at the top of the agenda between sexual partners will help make a cultural difference. But a lot more needs to happen outside the legal arena to make this a safer country for women and girls in particular.

Sadly, the unreported incidence of sexual assault and rape is high. Amnesty International commissioned a survey of women in Switzerland in 2019 in which 12% of respondents said they had had non-consensual sexual intercourse. More than one in five (22%) had been subject to unwanted sexual acts in their lives. Only 8% of these victims notified the police.

Could we produce a new generation of women who feel secure enough to say ‘I don’t want this’ and a new generation of men who would listen to them and respect their wishes? We are not there yet, especially not with the ubiquity of porn culture that has become markedly more violent towards women.

There are still some hard questions to be asked about why rape happens. Why is it that a subset of men will disregard the dignity, comfort or safety of another person for their own sexual gratification? How are we as a society contributing to this sense of entitlement?

Ultimately, weeding out rape culture will achieve a lot more than the courts can, even with this better law.

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