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POLICE

Switzerland to legalise recreational and medical cannabis usage

Switzerland will draw up a draft law for the legalisation of cannabis usage, after a parliamentary commission ruled the drug should no longer be banned.

Published: 19 October 2021 17:31 CEST
A joint and some sticky icky bud on top of a magazine encouraging you to grow your own.
Switzerland will legalise cannabis production and medical-based consumption, although the specifics of the law remain to be seen. Photo by Shelby Ireland on Unsplash

The production, cultivation, trade and consumption of cannabis will no longer be banned in Switzerland after a commission investigating the drug said the laws should be changed, Swiss news outlet Blick reported on Tuesday. 

The Social Security and Health Commission of the Council of States (SGK-S) said cannabis should be regulated in Switzerland in order to control the “cannabis market for better youth and consumer protection”. 

EXPLAINED: Which banks are best for foreigners in Switzerland?

The aim of the SGK-S is to eliminate the black market for the drug in Switzerland. A draft law will now be drawn up in Swiss parliament. 

Importantly, it appears that not only will medical use be allowed, but recreational use will also be approved. 

Other rules, for instance how individuals can cultivate and produce cannabis for personal use, as well as taxation issues, will be laid out as part of the legal effort. 

The decision was made on Tuesday afternoon, with 9 of the body’s 11 representatives voting in favour. 

The legalisation has support from across Switzerland’s political spectrum, with 40 members of the National Council signing the initiative. 

While Switzerland’s laws for cannabis production and usage are relatively strict, a movement towards legalisation has been brewing for some time. 

According to one such plan, the cannabis sold in Switzerland would be exclusively produced by Swiss farmers. 

READ MORE: Ten things Zurich residents take for granted

What are the current rules in Switzerland for cannabis use?

As at mid-October 2021, 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.

Cannabis: What are the rules in Switzerland?

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.

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PROTESTS

How free are people to protest in Switzerland?

As a centre of international diplomacy and cooperation and with its unique system of direct democracy, Switzerland enjoys a reputation for upholding fundamental human rights—but how free are the Swiss to express their opposition to power?

Published: 24 April 2024 15:25 CEST
How free are people to protest in Switzerland?

In its recently released 2024 report, Amnesty International criticised Switzerland for imposing restrictions on the right to protest and for dispersing protests violently. 

So what’s the problem? 

While not an explicit ban on protest, Amnesty International considers the obligation in some Swiss cantons for protest organisers to gain official approval and shoulder potential costs to be a repressive measure—essentially a ‘workaround’ in cooling dissent.

Amnesty International’s criticism comes on the heels of other concerns.   

In 2024, Amnesty International joined with the United Nations in criticizing moves by some Swiss cantons and cities to ban protests regarding the Middle East conflict as ‘disproportionate’. 

Read More: How ordinary citizens can try to change the law in Switzerland

The organization has also highlighted the continued use of rubber bullets by Swiss police in dispersing protests as a serious area of concern. 

Furthermore, any changes to protests are controlled or permitted in Switzerland must be made through individual cantons due to the country’s devolution of specific powers – a process that could take years. 

So what restrictions have been introduced in Switzerland?

In early March, the ‘Anti-Chaoten’ initiative put forward by the right-wing Swiss People’s Party (SVP) youth wing, which would have placed significant legal and financial burdens on protesters, was rejected in a Zurich cantonal referendum. However, a counterproposal by cantonal authorities was accepted at the polls.

The successful counterproposal requires explicit permission from authorities to hold a protest or rally, as well as passing on the cost of the police operation, as well as any intentional damage, to protest organizers. Failure to gain approval for protests can result in charges being laid. 

Following the success of the Zurich measure, the Basel SVP intends to introduce a similar proposal to be voted on in August – with the same likely result.

Which protests have been dispersed violently in Switzerland? 

Due to global events, protests have become increasingly common in Switzerland over the last five years. Most have been peaceful, but there have been exceptions.

Measures introduced to limit the spread of the coronavirus between 2020 and 2022 led to violent protests being dispersed in Bern, Zurich and Lucerne. 

Read More: Switzerland to impose tougher penalties for violent protesters

Climate change protests have also been violently dispersed by police, using pepper spray and rubber bullets – such as in Basel in February 2023.

Amnesty International has also raised serious concerns regarding the police dispersal of an International Women’s Day protest in Basel on March 17th of this year, in which rubber bullets were also used. 

Most recently, opponents of the Eritrean regime were dispersed with tear gas and water cannons at a demonstration in Gerlafingen, Aargau, on March 31st. 

What right do the Swiss have to protest? 

The right to peaceful protest is enshrined in the Swiss federal constitution—Article 16 provides for freedom of expression, while Article 23 protects the right to free association. 

Indeed, in 2020, the country successfully introduced a resolution to the United Nations Human Rights Council, calling for world governments to protect the right to protest and not use the coronavirus pandemic as a reason to curtail freedoms. 

Read More: What foreigners should know about the Swiss constitution

Furthermore, the country is a signatory to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment, as well as the Optional Protocol to the Convention Against Torture, which could have some bearing on how protests are dispersed.  

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