Cannabis in Switzerland

Cannabis in Switzerland is classified as an illegal narcotic.^[1] The production, possession, consumption and sale of illegal narcotics, even for personal use, is punishable by a monetary penalty or by imprisonment of up to three years, as are public incitements to the consumption of illegal narcotics.^[2]

The enforcement of the prohibition on cannabis is spotty, because around 500,000 Swiss people are believed to use cannabis regularly or occasionally. In a health poll conducted in 1997, 7% of people aged 15 to 39 stated that they were currently consuming cannabis. ^[3] Also, in 1998, some 250 hectares of land were used in Switzerland to grow cannabis,^[4] yielding more than 100 tons of narcotics per year.^[5] The produce is sold mostly on the street and used to be sold(in "scent bags" or covertly) through "cannabis shops" clustered in the urban centers until 2005-2006 when most of them were forced to close by the government. These shops, of which there were about 135 in 1999 and which authorities believe earn about 85-95% of their income with illegal narcotics,^[6] were the target of irregular police crackdowns in some cities, while in others they were tolerated to some degree. Overall, enforcement varies substantially depending on the canton.^[7] Some tolerate limited public consumption^[8] while others periodically attempt to limit it. Nationwide, police registered some 27,000 cannabis-related infractions in 1999.^[9]

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:^[10]

Infraction	Penalty
Consumption of soft drugs such as cannabis in particularly light cases (taking into account factors such as quantity consumed, frequency of consumption, addiction, prior convictions, etc.)	No penalty. However, as with any infraction, procedural fees and costs may be imposed, and any illegal drugs and associated equipment will be confiscated.
Consumption of soft drugs in normal cases (first infraction, or minor quantity, or brief period of consumption)	Fine of CHF 100 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.[11]
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.

An attempt to decriminalize possession and consumption of cannabis failed narrowly in Parliament in 2004.^[12] As a reaction, a popular initiative to amend the constitution to decriminalize cannabis was introduced. Early results from the national referendum in November 2008 showed only 36.8% of those voting supported decriminalising cannabis.^[13]

References

1. ^ Art. 8 par. 1 lit. d of the Federal Narcotics Law
2. ^ Art. 19 of the Federal Narcotics Law
3. ^ See the message to Parliament accompanying the government's decriminalization proposal; Federal Official Journal (BBl/FO) 2001 3715, p. 3719/21
4. ^ 1999 Cannabis Report of the Federal Narcotics Commission, p. 18.
5. ^ Id. at 20.
6. ^ Ibid.
7. ^ Message to Parliament, op.cit., at 3733.
8. ^ 1999 Cannabis Report, op.cit., at 47.
9. ^ Message to Parliament, op.cit., at 3721.
10. ^ Verband Bernischer Richter und Richterinnen (VBR) / Association des juges bernois (AJB) (valid as of 1 January 2007) (in German). Richtlinien für die Strafzumessung (2 / 2006 ed.). p. 27. 
11. ^ Annex to the Guidelines, op.cit., p. 3.
12. ^ See documentation available under docket no. 01.024 on the Parliament website.
13. ^ "Swiss approve prescription heroin". BBC News Online. 30 November 2008. http://news.bbc.co.uk/2/hi/europe/7757050.stm. Retrieved 30 November 2008.