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Swiss lawmakers have introduced a bill to legalize recreational cannabis in an effort to curb the illegal market.
The Health Committee of the House of Representatives approved last week a draft bill aimed at relaxing restrictions for adults.
The proposal, which received 14 votes in favor, nine against, and two abstentions, is intended to curb illegal market activity, safeguard public health, and establish a non-profit sales framework.
Recreational cannabis is still illegal in Switzerland, though minor possession was decriminalized in 2012.
While pilot programs for regulated cannabis distribution are ongoing in several cities, this bill marks a significant step toward legalization, though the legal market will be controlled by the state.
How Switzerland Wants To Legalize Recreational Cannabis
The proposed legislation would put recreational cannabis sales under a state monopoly, as products would be sold at licensed physical shops and one state-approved online shop, and revenue from sales would fund harm reduction, addiction services, and subsidies for health insurance cost savings.
This model differs from the commercialized systems in Canada and the United States, where private enterprises are free to develop the legal market.
The bill requires strict quality controls on cannabis products, including neutral packaging, prominent warning labels, and childproof packaging. Advertising would be completely prohibited, including not only cannabis products but also seeds, cuttings, and paraphernalia.
Taxation would be based on the level of THC, with products having higher levels of THC to be taxed more.
Swiss adults would be allowed to cultivate up to three flowering female cannabis crops for personal consumption, and purchasing and possession would be made subject to regulation.
Public consumption rules would complement existing passive smoking protection laws in an effort not to expose the public to secondhand smoke.
This bill, however, keeps cannabis classified as a dangerous narcotic.
Cannabis in Switzerland
The commission’s draft, which is based on work since 2021 and recent pilot trials allowing controlled access, is a reaction to widespread concern at the current prohibitive approach.
During the summer consultation period, an explanatory report will be released, allowing stakeholders and affected parties to provide feedback on the draft.
In Switzerland, it is estimated that about 300,000 people regularly consume cannabis.
In 2018, the Federal Council stated that the existing cannabis prohibition under the Narcotics Act has failed to adequately safeguard the population.
Lawmakers argue that despite the prohibition, cannabis use persists, the black market thrives, and there is no quality control or consumer protection.
They believe that a well-structured legal framework could address these long-standing issues, drawing consumers away from the illegal market.
Currently, the state leaves control of the market to illegal actors, which results in harmful effects, such as natural hemp being mixed with toxic substances, according to the bill’s press release.
“The prohibition of cannabis, compared to legal drugs, is not based on current scientific evidence, especially since the harm caused by tobacco and alcohol is no less,” the justification section of the draft states. “This moral and legal inconsistency is becoming increasingly difficult to justify. Only a regulated market aligns with the principles of Swiss addiction policy.”
In May 2024, a group of citizens launched a popular initiative to add a new article to Switzerland’s federal constitution legalizing cannabis.
Recreational Cannabis in Europe
If this bill becomes law, Switzerland will be the fourth European country to legalize recreational cannabis.
Malta became the first European Union member state in 2021 to legalize recreational cannabis for personal use and establish cannabis social clubs.
In 2023, Luxembourg legalized cannabis for personal use, and a year later, Germany became the third country to legalize it for personal use, also establishing cannabis social clubs similar to Malta. Additionally, Germany, by removing cannabis from controlled substances, eased access to its medical use, attracting foreign investment.
However, unlike these countries, which have legalized cannabis for personal use without creating a legal market, Switzerland plans to establish a state-controlled market. However, this model may limit private investment entering the market.
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