Learn more about the legal implications of COVID-19 through updates and news from our experts in various areas of law such as corporate law, debt collection, litigation, restructuring/insolvency, data protection, employment, construction or mergers and acquisitions and take advantage of our compilation of all current COVID-19 federal regulations. Cannabis is illegal in Switzerland, although possession of minors was decriminalized for a fine in 2012. Several cantons began allowing adults to grow and consume cannabis in 2012, but this was overturned by the federal courts. In 2016, four cities said they were considering creating pilot cannabis clubs. The number of cannabis users in Switzerland is estimated at around 500,000 out of a population of 8 million. [1] In 2016, the cities of Geneva, Basel, Bern and Zurich stated that they plan to create pilot cannabis clubs to measure their profits, which are limited to a total of 2,000 members and will be studied for four years. [1] These pilot projects were discontinued by the Federal Office of Public Health in November 2017 due to the lack of a legal basis. In December 2017, an absolute majority of members of both houses of Parliament signed a parliamentary motion to amend the law. [22] In June 2018, however, the motion was narrowly rejected by the National Council after being adopted by the Council of States. [23] In July 2018, however, the Federal Council submitted to Parliament a proposal for future studies on cannabis. [24] In October 2021, a parliamentary committee decided that cannabis should no longer be banned and Switzerland will draft a law to legalize cannabis “for better protection of minors and consumers.” [28] On 25 September 2020, the Swiss Parliament adopted an amendment to the Federal Act on Narcotic Drugs and Psychotropic Substances (Narcotic Drugs), which entered into force on 15 May 2021. The amendment provides the legal basis for scientific studies with selected groups of recreational cannabis users residing in Switzerland and establishes a government-regulated narcotic cannabis cultivation and harvesting process with dosage/potency restrictions (20% THC), limits for pesticide residues and warnings. Additives for cannabis products must also be federally approved and notified.
Federal regulations remain in force for 10 years, determine individual criteria for study participants and regulate the domestic production and trade of psychotropic cannabis (produced in Switzerland). [25] On 19 April 2022, the FOPH approved the first pilot test of a cannabis purchase programme for adults in Basel, northern Switzerland. This is expected to provide data on the way forward to regulate the purchase and consumption of recreational cannabis. The program is expected to last 2 years and will include 400 adult volunteers whose health will be constantly monitored. The 6-year program in development was discontinued for legal reasons, but the Narcotic Control Act was amended in 2021 and allowed to continue in August of the same year. Four cannabis strains will be made available and 2 hashish strains will be available for licensed volunteers in 10 Basel pharmacies manufactured by Pure Holding A.G. Program participants must be warned not to share their cannabis with non-participants, otherwise they may be excluded from the curriculum. [27] takeoverpractice.ch is a commentary on current case law edited and updated by Schellenberg Wittmer`s M&A practice group. It provides quick and targeted access to Swiss legislation and current case law on takeover bids, analyses published decisions on Swiss takeover law and comments on relevant legal requirements.
Cannabis containing more than 1.0% THC is classified as an illegal drug in Switzerland. [2] Under the federal Drug Act, the production, cultivation, consumption and possession of cannabis are prohibited and considered criminal offences. [3] These offences are punishable by up to three years` imprisonment and/or a fine. A referendum was launched in 2008. [10] [11] The results of the November 2008 referendum showed that 36.7% of voters supported the legalization of cannabis. [9] [12] Professional talent chooses Schellenberg Wittmer because of its uncompromising commitment to world-class legal services coupled with a dynamic, respectful and fun work environment. We believe that attracting, developing and retaining the best people is key to successfully meeting our clients` needs. Schellenberg Wittmer AG is your leading Swiss law firm with more than 150 lawyers in Zurich and Geneva and an office in Singapore. We offer a full range of legal services to a global clientele of domestic and international companies and entrepreneurs.
We take care of all your legal needs – transactions, advice, litigation. Since 2017, legal cannabis, also known as “low THC weed,” has been sold with less than 1.0% THC in almost every tobacco store. In March 2019, a Swiss Federal Administrative Court upheld the tax regime of customs officers, who levy a tax of 38 francs ($37.70) per kilo as well as 25% of retail revenue. [4] An attempt to decriminalize the possession and use of cannabis narrowly failed in Parliament in 2004. [8] In response, a “Federal Popular Initiative for a Reasonable Hemp Policy with Effective Protection of Minors”) was launched in 2004 to amend the constitution to legalize cannabis. [9] In September 2017, the Federal Supreme Court ruled that the lump sum fine for exclusive possession of small amounts had been wrongly imposed since 2013. Only cannabis use can be fined. [15] As a result, most cantonal police departments have changed their policies to stop prosecuting small amounts of cannabis, whereas others had done so before. [16] The cantons of Geneva, Vaud, Valais, Neuchâtel, Jura, Ticino, St. Gallen and the two Appenzell residents maintained their former policies. [17] Currently, only one narcotic preparation is officially approved for medical use in Switzerland.
[5] However, with the adoption of a revision of the Federal Act on Narcotic Drugs and Psychotropic Substances (Narcotic Drugs Act), adopted by referendum in 2008 and in force since 2011, Swiss doctors can obtain special authorization from the Federal Office of Public Health for their patients authorized to prescribe medical cannabis for 12 months. Only two pharmacies in the country are allowed to distribute cannabis tinctures and cannabis oil concentrates to patients with serious or incurable diseases. Treatment options with cannabis flowers or cannabis resin are not available. [6] On 11 September 2018, a parliamentary initiative by the Greens calling for a law regulating the cultivation, trade, recreational use, protection of minors and taxation of cannabis was rejected in the National Council by 104 votes to 86. [19] [20] In the meantime, the organization “Legalize It” is preparing a second popular initiative, which was initially scheduled to start in April 2018. [21] Moving the mountains: the Alpine tunnel The penalties imposed in practice also differ in part from one canton to another. The 2007 Criminal Guidelines adopted by the Bernese Association of Judges state[29]: We are committed to being a responsible company that has a positive impact on the profession, the environment and the communities in which we operate. Diversity and inclusion, volunteerism, community, responsible governance and sustainability reflect our values and culture. An official preparation of cannabidiol (Epidiolex) for rare forms of epilepsy was approved by the FDA in June 2018 and by the European Medicines Agency in September 2019.