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Weed in Switzerland: Cannabis Legal Status Guide

Author
ผู้เขียน Aleph One
11 April 2024
You can legally buy low-THC cannabis in Switzerland, while high-THC varieties have been decriminalized.
11 April 2024
6 min read
Weed in Switzerland: Cannabis Legal Status Guide

เนื้อหา:
อ่านเพิ่มเติม
  • 1. Use and possession rules
  • 1. a. Marijuana light
  • 1. b. Driving under the influence
  • 2. Possession of large amounts and sale
  • 3. Cannabis cultivation
  • 3. a. Cannabis seeds in switzerland
  • 4. Medical cannabis
  • 4. a. Is cbd legal in switzerland?
  • 5. Attempts at legalization
  • 6. In conclusion

Switzerland is a country that is very tolerant of the so-called ‘soft drugs’, including cannabis, and one needs to possess or even deal pounds worth of weed to get into real trouble with the law. This nation also constantly ponders legalization measures and devises pilot programs to see how less restrictive policies would pan out. Nevertheless, a visitor to the country would be better off knowing exactly what is permitted and what isn’t to avoid possible legal trouble.

Use and Possession Rules

Switzerland decriminalized possession of small amounts of marijuana in 2012. Since then, If one got caught with 10 grams of the substance or less, it had to be confiscated, and that was the end of story. The police wouldn’t give you a fine nor even issue a citation. However, if you were stopped and frisked because you were consuming the drug, you’d need to pay a fine of 100 CHF (102 EUR) and be probably registered as a cannabis user.

In 2023, the authorities took one step further and made small amounts of marijuana completely legal. Now, the police won’t even confiscate your stash unless of course you smoke in public – that is still illegal.

 

Marijuana Light

Just like Italy, Switzerland has legalized the use of the so-called ‘marijuana light’, which is a type of cannabis that contains less than 1% THC. In all other respects, it’s just regular buds – the same look, the same texture, the same smell – but they are unlikely to make you very high. Marijuana light has been legal in Switzerland since 2017, and as of time of writing, is available for sale throughout the country in tobacco shops and other stores.

As you may well imagine, the presence of a legal product that is almost indistinguishable from the illicit one makes it very hard for the police to prosecute simple possession – you simply can’t tell the two apart without a lab test. Having said that, you can’t smoke marijuana light in the streets either, no matter how legal it is.

Driving Under the Influence

Another thing that one needs to consider when buying and consuming weed of the legal variety is that you can’t drive a car after even one joint. While the amount of THC will hardly get you high, it will be enough to show in your urine and blood samples for quite some time after the last use, and in case of an accident or if the police suspect you of drunk driving and want to test your blood, you’ll also be charged with driving under the influence of marijuana and punished just the same as for regular weed.

Possession of Large Amounts and Sale

As we mentioned earlier, the law in Switzerland is very generous with regard to limits. One needs to possess more than 4 kilograms (9 pounds) of cannabis before the amount is considered large enough to be a threat to the public and only then will it land the transgressor in prison. The table below shows some penalties for sale, use, and large-scale possession. Note that the daily rate is determined by the court and is roughly equal to the average daily income of the offender.

 

Offense Limit Penalty
Possession < 10 g None
  > 4 kg 1-3 years in prison
Use (First-Time) - 100 CHF (102 EUR)
Use (Repeated) - Bigger fine, depending on the financial situation of the offender
Sale < 100 g Fine of 1-5 daily rates
  100 g – 1 kg Fine of 5-30 daily rates
  1-4 kg Fine of more than 30 daily rates
  > 4 kg 1-3 years in prison

Possession, use, and sale penalties for cannabis in Switzerland.
 

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Cannabis Cultivation

In 2012, there was an attempt to legalize personal cultivation of up to 4 plants of the non-intoxicating variety (containing less than 1% THC). For a while, it was legal in several cantons, such as Geneva and  Freiburg, but later the same year, the federal court ruled it was against the existing drug laws.

Cannabis Seeds in Switzerland

Like almost anywhere else in the world, it’s not difficult for residents of Switzerland to obtain cannabis seeds online. There are enough international marketplaces, such as our own Fast Buds shop, that will ship your order to the country. As for brick-and-mortar shops, you’re unlikely to find one selling seeds that produce high-THC plants. Even those shops that have rows upon rows of buds on display and look just like a US dispensary, only trade in CBD and CBG seeds.

 

South-facing hill slopes in Switzerland are great for cannabis cultivation.

Medical Cannabis

Switzerland has so far officially approved only one high-THC cannabis product – Sativex. This spray is approved for spasticity in multiple sclerosis patients and can be legally obtained by patients. Moreover, since 2011, doctors have a right to request an approval from the Federal Office of Public Health to prescribe their patients other cannabis-based pharmaceuticals, but this is done on a case-by-case basis and the treatment is usually only approved for people with a serious condition or the terminally ill. The medicines in question can only be in the form of tinctures or oils but not flowers.

As of now, the medical marijuana program in Switzerland remains very limited in terms of available products and eligible conditions, and both patients and doctors face a lot of red tape if they want to give medical cannabis a try.

Is CBD Legal in Switzerland?

CBD has been effectively legal in the country since 2019 when the only FDA-approved medication called Epideolex was also approved by the European Medicines Agency. Now, all CBD products are exempt from the Narcotics Act and are sold by pharmacies as regular drugs.

 

You can even buy dry flowers and not just oil and tinctures in a CBD shop in Switzerland.

 

Attempts at Legalization

On the federal level, there have been quite a few attempts to adopt a less restrictive cannabis policy. In 2001, a decriminalization bill failed, and in 2004, an amendment to the Constitution was proposed that would legalize cannabis, but it also resulted in nothing. Neither did the 2008 popular referendum that only counted 36.7% votes in favor of legalization, although Switzerland is believed to have half a million cannabis users out of a population of 8 million.

More recently, a Green Party initiative to legalize recreational cannabis, including its cultivation, production, and sale, was voted down in the Parliament in 2018.

Unlike many other European nations that relax their cannabis policies without changing any laws, Switzerland approaches the reform methodically and prefers to establish a robust legal framework for changes and to base them on science.

With this goal in mind, several pilot projects were conceived that would make marijuana and hash available to a group of adult volunteers. These people would be able to legally buy their drug for recreational purposes in a limited number of pharmacies, and researchers would study the effects of use both on the consumers and the society at large. Most of these pilot programs failed to take off, but in 2022, the city of Basel went ahead with their program that would last 2 years.

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In Conclusion

In terms of its cannabis policy, Switzerland has clearly chosen the harm-reduction method, aimed to undermine the black market, save the youth from the exposure to illicit substances through the creation of legal supply chains, and protect users’ health by product quality control. On the other hand, the country proceeds along this road with extreme caution, and legalization isn’t likely to happen before the first pilot projects supply enough scientific data.

However, even now, with no legal sales yet in sight, Switzerland emerges as one of the safer countries for cannabis enthusiasts, as they can legally buy low-THC products and fear no prosecution for obtaining small quantities of high-THC marijuana as well. The main thing to remember is to be discreet about your hobby and only consume cannabis privately.