The Bundestag recently discussed a motion by the CDU/CSU parliamentary group in a topical debate. The parliamentary group is demanding the withdrawal of cannabis legalization. The CDU/CSU is highly critical of the partial legalization that has been in force since 1 April 2024 and has announced that it will revoke it if it comes to power.
Why the Union is against legalization
Friedrich Merz, Chairman of the CDU, said:
“Organized crime would be promoted by the release of cannabis, as would gang crime.”
It also underlines the threat to internal security. This assessment is shared by the German Medical Association, which points to health risks and calls for stricter regulation.
You can find out more about the criticism of the German Medical Association and the demand to withdraw legalization here.
The most important arguments of the critics:
Organized crime is being strengthened.
Health risks from cannabis use.
Negative effects on internal security.
The view of the traffic light coalition
Legalization is defended by the SPD, the Greens and the FDP. In their view, the measure leads to a long overdue decriminalization of consumers and helps to curb the black market.
According to Federal Health Minister Karl Lauterbach, the legalization law is subject to clear restrictions, in particular to ensure the protection of minors.
Further advocacy points - such as the fact that cannabis promotes thinking skills and can have rejuvenating effects - can be found here.
Advantages that the government emphasizes:
Relief for the judiciary and police through decriminalization
Curbing illegal trade routes
Clear regulations to protect young people
A divided country
The debate reveals deep social and political differences in Germany. Proponents of legalization argue for personal responsibility and freedom, while opponents focus their arguments on the long-term health and social consequences.
A conclusion with an open outcome
Whether or not legalization will finally come to fruition depends heavily on political developments over the next few years. The discussion illustrates how different the priorities of the parties are on this issue.
Can the cannabis law be abolished so easily? According to Peter Homberg, a complete abolition of the Cannabis Act is rather unlikely. In his assessment, he explains why legal and political hurdles are making a U-turn in cannabis policy more difficult.
Cannabis law abolition Homberg’s assessment? The political race remains exciting and is running at full speed, and the CDU has already announced its intention to repeal the Cannabis Act (CanG) if it takes over the government. We share Homberg’s assessment and according to it, this scenario is rather unrealistic. But how realistic is this scenario really? Lawyer Peter Homberg, who specializes in cannabis, has provided a well-founded assessment on krautinvest.de. Here we summarize the most important points for you.
Can the CanG be abolished so easily? If you listen carefully to Homberg, he believes that a complete abolition of the Cannabis Act is rather unlikely. Even if the CDU were to be in government in the future, it would have to rely on a coalition partner to overturn it with at least a 50% majority – and it is questionable whether these partners would support a complete turnaround in cannabis policy. In addition, there are already numerous cultivation associations that are licensed for several years, and a withdrawal of these licenses would hardly be legally feasible.
Cannabis Act abolition Homberg aptly says: “You can’t get the spirit of the CanG back into the bottle completely.” However, changes could relate to details, such as the permitted amount of cannabis that can be carried or stored.
What could change for cannabis clubs? While existing clubs would probably be protected, a new government could increase the administrative hurdles for new clubs. Restrictions on home growing or changes to the legal framework for cultivation associations would also be conceivable. Nevertheless, a complete abolition of partial legalization seems politically and legally unrealistic.
Medical cannabis: will access remain? Another hot topic is access to medical cannabis, which is regulated by the MedCanG. Homberg sees no cause for concern here. Cannabis remains subject to prescription and will not be reclassified as a narcotic. The recent liberalization, which has made access easier for SHI patients, would make a downgrading hardly conceivable.
However, there could be a possible change in telemedical prescribing practices. It remains uncertain whether doctors from other EU countries will continue to be allowed to issue prescriptions for German patients. There could be clearer regulations here in the future.
Is it cooked much hotter than it is eaten? In fact, much of what is currently being announced in the election campaign seems exaggerated. Homberg is convinced that the actual changes – depending on the coalition partner – will be less drastic than the current threats of the conservative parties. He sees little room for major setbacks, particularly in the area of medicinal cannabis .
Herba di Berna – your partner for reliable information At Herba di Berna, we closely follow developments in cannabis policy and are on hand to provide you with advice and support. With our expertise and personal experience, we are there for you – whether it’s about legal issues or choosing the right products. Together, we keep our finger on the pulse and ensure that you are well informed.
In Switzerland, several pilot projects on the regulated sale and consumption of cannabis have been underway for some time with the aim of collecting data for a possible new legal regulation. These projects allow study participants to legally purchase and consume cannabis for recreational purposes in a controlled setting.
For example, the largest cannabis trial in Switzerland to date was launched in Zurich in May 2024. Here, around 7,500 test subjects can buy cannabis products in special sales outlets and pharmacies. They are scientifically supervised in order to record consumption and its effects. At the same time, there is a control group of 2,500 people who do not have access to legal cannabis in order to better understand differences in consumer behavior.
Basel is also running a similar project called “Grashaus Projects”, which monitors the legal sale of cannabis containing THC. The research focuses on the effects of regulated consumption and its possible health and social consequences. In addition to direct consumption data, the effects on youth protection, prevention and education are also being investigated
TheSCRIPT study (Safer Cannabis – Research In Pharmacies) is investigating the legal sale of cannabis in pharmacies in Switzerland. Following the successful launch in Bern, the project was also extended to Biel and Lucerne. Participants are randomized to buy cannabis products in pharmacies either immediately or after a six-month waiting period. The aim of the study is to collect data on the safe and controlled use of cannabis , which should form a basis for future legal regulations. The study management is working closely with the cities and pharmacies to monitor and evaluate the pilot trial. The aim is to gain insights into preferred places of consumption, purchasing behavior and consumption motives.
You can find more information about the study on the official SCRIPT studywebsite.
Herba di Berna’s perspective on pilot projects and cannabis regulation
As a company committed to the healthy and responsible use of cannabis, we at Herba di Berna welcome the ongoing pilot projects in Switzerland. These studies, such as the SCRIPT study in Bern, Biel and Lucerne and the large-scale projects in Zurichand Basel, provide valuable insights into the effects of regulated cannabis use. They provide important data that will be crucial for future new legislation.
Herba di Berna supports the scientific recording of consumer behavior in a controlled environment, as it contributes to safe and informed use. Projects like these can help to destigmatize cannabis use and at the same time establish clear guidelines for prevention and youth protection.
Conclusion
The increasing number of pilot studies shows that Switzerland is on the way to transparent and controlled cannabis regulation. We see this research as a great opportunity to better understand the market and offer targeted, health-beneficial products that promote responsible consumption. We support the approach of collecting science-based data to inform policy decisions and make consumption safer and more sustainable.
With the entry into force of the Consumer Cannabis Act (CanG) in Germany, the handling of cannabis has changed dramatically.
The law allows the possession and consumption of certain quantities, cultivation for private use and provides for subsequent lighter sentences.
We see similar developments in the USA, where mass pardons have restored full civil rights to millions of people.
But what do these changes mean for Switzerland, especially for us as a CBD company?
In this article, we take a look at the situation in Germany, the USA and the impact on Switzerland.
What the Consumer Cannabis Act (CanG) means in Germany
The new consumer cannabis law in Germany brings far-reaching changes.
The possession and consumption of cannabis is now permitted under certain conditions, as is the private cultivation of three plants for personal use.
A key point is the retrospective reassessment of sentences, which has also led to prison releases.
This liberalization shows the change as well as increasing acceptance of society?
about the perception of cannabis and could create the basis for a Europe-wide re-evaluation in the long term.
Germany has always played a pioneering role in the EU and can thus ensure a positive development in Switzerland.
Comparison with the USA: effects of legalization and mass pardons
The USA has already seen a similar change in 2022 with the legalization of cannabis in several states.
President Joe Biden campaigned for the pardoning of people convicted of simple cannabis possession.
The figures speak for themselves: around 2.5 million people have benefited from these mass pardons.
This enables those affected to return to a normal life, including the restoration of important civil rights such as the right to vote or serve on a jury.
The situation in Maryland: an example of mass pardons
Maryland is the latest state to announce mass pardons for cannabis users.
Governor Wes Moore plans to reverse over 175,000 convictions for cannabis possession.
While this represents a new beginning for many people, it also shows how deep the effects of decades of criminalization are in the US.
What does this mean for Switzerland?
Switzerland has taken a different path when it comes to cannabis.
In this country, the trade and consumption of cannabis with a THC content of more than 1% is illegal, but the market for CBD products has developed strongly in recent years.
Developments in Germany and the USA , however, raise the question of whether and when Switzerland will also introduce further legalization of cannabis legalization of cannabis.
For CBD companies like us, legalizing THC-rich cannabis in Switzerland could open new doors and bring us a little closer to our goal of giving cannabis the status it deserves in society.
So far, Switzerland has already taken a pioneering role in Europe with its liberal approach to CBD.
The German legislative changes could lead to the market for THC products also coming into focus in this country, which would further increase the demand for high-quality, legal cannabis products and also greatly simplify research.
Our opportunities and challenges for the future
Developments in Germany and the USA show that the path to full legalization of cannabis is progressing in many countries.
For Switzerland and especially for us as a CBD company, this offers a multitude of opportunities, from new market segments to the increasing acceptance of CBD products, which is a primary goal for Herba di Berna.
At the same time, potential legalization also brings challenges that companies like us should prepare for at an early stage.
We are actively campaigning for legalization and want to continue to contribute to raising awareness of the many benefits of the hemp plant with our online store and specialist store in Berner Breitsch. Hemp is a valuable natural resource, and as a company we stand behind the vision of promoting its positive influence on society and the economy.
The top 25 countries with the highest cannabis consumption
Cannabis – a topic that is often surrounded by controversy. While it still falls under strict and one-sided laws and regulations in most countries around the world, the enormous spread of cannabis use shows that its popularity, despite the laws, is and remains unbroken.
For us as a Bern CBD company, there is no doubt that it is not just about consumption and intoxication, but also about an attitude to life, the community, a statement for less pressure to perform and more quality of life in our society. We see our attachment to mankind’s oldest cultivated plant as a form of social expression.
Europe alone is home to over 22 million cannabis users, and the legalization situation often seems to have no influence on the extent of consumption. Some countries that impose draconian penalties even have a higher prevalence of cannabis use than those in which the drug has already been legalized.
In a recently published ranking, the countries with the highest cannabis consumption were identified. The data comes from various sources, including the UNODC World Drug Report and local surveys. Let’s take a look at the top 25:
25th place – North Macedonia: North Macedonia legalized medical cannabis in 2016. Despite 60+ licenses, recreational use remains illegal. Cannabis consumption rate: 6.6%.
24th place – Belgium: Recreational use illegal, but possession of small amounts decriminalized. Discussions on the modernization of cannabis policy. Cannabis consumption rate: 7%.
23rd place – Germany: Plans decriminalization and allows private cultivation. Hamburg has high cannabis consumption worldwide. Cannabis consumption rate: 7.09%.
22nd place – Ireland: recreational use illegal, medical use possible. High cannabis consumption rate, 7.1%.
21st place – Liberia: Illegal cultivation and sale, but widespread. Popular drug among young people, 7.52% consumption rate.
20th place – Switzerland: Decades after the introduction of prescription heroin and safe injection sites, Switzerland is now experimenting with the decriminalization of cannabis for recreational use. The federal government has authorized slow and steady steps to monitor the population’s reaction. Over the next ten years, attempts at decriminalization will be made, similar to the gradual approach before the introduction of prescription heroin in the 1990s. The annual prevalence of cannabis use in Switzerland is currently 7.7 percent.
19th place – Argentina: Decriminalization of small quantities, medical use legalized. Cannabis consumption rate: 8.13%.
18th place – Finland: High consumption, especially among adults. Helsinki has expensive weed, 8.2% consumption rate.
17th place – Croatia: The most popular drug is cannabis, followed by cocaine. Zagreb has high cannabis consumption. Consumption rate: 10.2%.
16th place – Italy: Medical use legal, recreational use decriminalized. Rome has high cannabis consumption. Consumption rate: 10.21%.
15th place – Netherlands: Coffeeshops since 1976, but Amsterdam is retreating. High consumption rate, 10.4%.
14th place – Monaco: Strict laws, but frequent non-enforcement. Proud consumption rate, 10.47%.
13th place – Morocco: Legalized for medical and industrial purposes. Strong in exports, high consumption rate, 10.47%.
12th place – Spain: Cannabis clubs in a gray area, Madrid has cheap weed. Consumption rate: 10.5%.
11th place – Nigeria: cultivation and export, high consumption rate. Popular drug in Africa, 10.76%.
10th place – France: Frequent consumption among older people, declining among younger people. High consumption rate, 11%.
9th place – Czech Republic: Preparing for the legal market. Consumption rate: 11.1%.
8th place – Australia: Growth in the legal industry, high consumption rate, 11.6%.
7th place – Chile: cultivation on the rise, high per capita consumption. Consumption rate: 12.05%.
6th place – Israel: Socially tolerated, widespread medical use. Consumption rate: 14%.
5th place – Uruguay: First country in modern times to legalize. High consumption rate, 14.6%.
4th place – New Zealand: half of the population has tried it, many regular consumers. Consumption rate: 15.3%.
3rd place – Jamaica: Deeply rooted in culture, medical cannabis legalized. High consumption rate, 18%.
2nd place – Canada: Legalized in 2018, steady growth of the industry. High consumption rate, 20.7%.
1st place – United States of America: Legal in many states, billion-dollar market. Highest consumption rate, 22.8%.
Our conclusion: Herba di Berna welcomes the current developments in Switzerland to decriminalize cannabis for recreational use. As a CBD company from Bern, we share the desire that the oldest cultivated plant should finally be brought out of criminalization. The approved trials over the next ten years reflect a sensible and gradual approach, similar to the successful implementation of safe injection sites and the introduction of prescription heroin in the 1990s. With a current annual prevalence of cannabis use of 7.7 percent, there is already a relevant need and acceptance among the Swiss population. We are optimistic that these developments can lead to a responsible and regulated use of cannabis and actively support these positive steps towards a modern drug policy.
In recent decades, the debate about the legalization of cannabis in Switzerland has intensified. The Green Party actively campaigned for legalization 30 years ago. In their position paper, the Greens take a clear stance on what any legalization should look like. Members of the Green Party have been involved in the development of this groundbreaking paper through a constructive exchange with, among others, IG Hemp and other organizations, such as addiction associations. As a specialist store, we welcome this development and see it as an opportunity for a progressive and sensible drug policy in Switzerland.
The new position paper of the Green Group
After decades of political commitment and social change, a new chapter in Swiss drug policy is about to begin thanks to the implementation of the Siegenthaler parliamentary initiative. The Greens place particular emphasis on health protection and prevention in order to reduce the negative effects of prohibition and at the same time tap into the social, medical and economic benefits of cannabis.
The proposed benchmarks for the regulation of cannabis use emphasize youth and health protection as well as the prevention of addiction. These include bans on advertising and sponsorship, sales only to adults, strict requirements for cultivation and product quality, and an earmarked prevention levy to finance addiction prevention and therapy services. The Greens advocate a moderate incentive tax and the introduction of statistical monitoring of cannabis consumption.
Politicians are called upon to approach cannabis use with more realism and less moralism. The Greens are committed to regulating cannabis use in the ongoing legislative process, with a focus on public health and finding a middle ground between an unregulated black market and an unregulated legal market.
The future of cannabis regulation in Switzerland therefore promises a change that will not only affect the way society perceives cannabis, but also minimize the impact on health, youth and the black market.
Find out more about the PI Siegenthaler initiative from September 2020 – here!
Position paper of the Green parliamentary group on cannabis legalization – here!
Herba di Berna’s position on legalization
As one of the leading companies in the hemp industry, Herba di Berna takes a differentiated position on the legalization of cannabis. While we support efforts to regulate the market and protect young people and consumers, we advocate dispensing in certified specialist stores, in addition to cannabis social clubs. We believe that state-run outlets could increase the risk of monopolies.
Furthermore, we consider the entry hurdle to be relatively high:
Personal data, consumer behavior and driving license situation must be provided.
We consider the idea of drying up the black market through state sales outlets to be wishful thinking.
The requirements and production standards will be high, which will inevitably have an impact on prices.
We advocate a regulated market with high production standards, similar to alcohol, which we believe can be managed by the private sector.
A differentiated view of the market
The legalization of cannabis in Switzerland is undoubtedly a step in the right direction, but it is important to take a differentiated view of what is happening on the market. A regulated market characterized by competition and high standards will benefit both consumers and the industry in the long term.
What do you think; where do you want to buy your weed in the future?
After a long wait, the draft bill for the CanG, the – presumably – future cannabis law in Germany, has made it to the Bundestag. The bill aims to take the first steps toward a legal cannabis market – ideally as early as early 2024.
What is in the cannabis law now?
Oracles about the details of legalization in Germany have been a preoccupation in many places in recent months. Back in April, a key points paper was published in which the plans were specified. Therefore, it was no surprise what the Bundestag would now discuss. The current bill aims to implement the so-called “first pillar” of legalization. The second pillar of commercial cannabis cultivation has been pushed into the future.
Under the first pillar, private home cultivation and community non-commercial cultivation in cannabis social clubs will be legalized. The bill is often referred to as “legalization light” because there are still many fairly restrictive rules. Adults will be allowed to possess up to 25g of cannabis for personal use. Private cultivation is allowed for three plants, and children and adolescents must be kept away. Social clubs (called cultivation associations in the bill) also have many rules to follow. A maximum of 500 members are admitted, all of whom must reside in Germany. A maximum of 25g per day and 50g per month may be issued per member. For young people between the ages of 18 and 21, it is only 30g per month, which also must not contain more than 10% THC. In addition, there is a ban on advertising and sponsorship.
Protection zones throughout Germany
Another rule has caused particular astonishment in the cannabis community: there is to be a protective zone of 200 meters around cultivation associations, schools, children’s and youth facilities, children’s playgrounds and publicly accessible sports facilities, in which the consumption of cannabis in the open is not permitted. The consumption of cannabis should also not be allowed in pedestrian zones between 7 a.m. and 8 p.m.
Distribution of protected zones in Berlin according to the current CanG draft: public consumption of cannabis is prohibited in all red areas. In addition, there is a ban in front of the previously non-existent cultivation associations and during the day in the pedestrian zones.(bubatzkarte.kowelenz.social)
What is justified with a protection of children and young people, has some problems in practice: the listed places exist in Germany in such a density that – especially in cities – the consumption of cannabis will almost only be possible in private apartments or large parks.
What does the Bundestag think?
The Bundestag debate was short – but quite intense. While Karl Lauterbach advocated his proposal with conviction, many others were less enthusiastic. There was fundamental resistance from the conservative side (AfD and Union). Both parties continue to try to stop legalization itself. Impressive how these politicians can ignore today’s situation with millions of cannabis users and a huge black market, and instead continue to waffle on about their concept of the “gateway drug”.
More exciting seems to be the criticism of experts and the left factions. There it is pointed out that the distance regulations and many other precisely defined details of the legalization Light are hardly implementable in practice. With these concessions to conservative forces, the bill threatens to become a law that is either never actually enforced, or takes up an insane amount of resources to control. This would also largely cancel out one of the major advantages of legalization – the savings in effort and costs in law enforcement.
Legalization in Germany only for non-drivers
Another weak point of the current legalization plans: So far, no changes to the Road Traffic Act are planned. However, since a THC limit of one nanogram per milliliter of blood applies to driving in Germany, cannabis-using drivers are almost certainly liable to prosecution. Even when they actually get behind the wheel sober. In one of our last blog posts, we highlighted the issue in Switzerland. To cut a long story short: the Swiss limit of 1.5ng/mL is also clearly too low.
After all, the federal government in Germany has now said it will set up a working group to present initial results in spring 2024. However, in view of a legalization starting in January 2024, this is a rather unsatisfactory perspective for motorists…
So what does this mean for legalization?
Germany continues to move step by step towards legalization. The eternal conservative factions in the Bundestag are unlikely to stand a chance with their fundamental opposition. And the left-wing groups will probably try a few more things to make the legalization plans a bit bolder – but in case of doubt, they would still rather have the current bill than no legalization at all. All those who were now looking forward to a “green revolution” are likely to be rather disappointed by the result. It is a huge step that the possession and cultivation of cannabis will soon no longer be punishable. Overall, however, the current plans are still close to restrictive policies and far from a legal cannabis market that could effectively displace the black market.
At the end of September 2023, the National Council again expressed its support for the concerns of “PI Siegenthaler”. Parliament has approved an extension of the deadline needed to draft a new cannabis law. If things continue to go smoothly, the new regulation of the cannabis market (also called legalization đ) could thus become a reality in just a few years.
PI Siegenthalerfor a new regulation of the cannabis legislation
The Siegenthaler Parliamentary Initiative (PI) was submitted in September 2020 by Heinz Siegenthaler, a member of the Bern Center National Council.
The initiative calls for a new cannabis law that will one day provide the basis for a legal and regulated cannabis market in Switzerland.
For more detailed info on PI Siegenthaler, see our blog post on the topic.
What was the National Council about?
Actually, the responsible commission should have prepared a legislative proposal by the end of 2023. However, the parliamentarians did not live up to this ambitious schedule. In order to ensure that all the work was not wasted and that a well-prepared and broadly supported law could be passed in the end, the subcommittee now requested an extension of the deadline until the fall session of 2025. “It is really important and right to do this work with enough time,” said Barbara Gysi (SP, head of the subcommittee).
A citizen minority has now tried to stop the reauthorization of cannabis legislation. Their plan: if the commission doesn’t have time to prepare a good law, there will be no law and the status quo will remain. “The initiative, as it turns out, is contrary to international law” opined SVP National Councilor Verena Herzog. In addition, legalization would seem to encourage young people to smoke pot, while it would not dry up the black market.
Voting results from the National Council(parlament.ch)
Fortunately, this backward-looking polemic met with little success, and Parliament clearly favored an extension of the deadline, thus advocating for a new regulation of the cannabis market. 104 votes in favor (SP, Greens, GLP, a majority of the FDP, a minority of the center faction and even 3 votes from the SVP faction) were opposed by 69 votes against from the SVP, parts of the center and one third of the FDP.[1]
What does this mean for cannabis market re-regulation?
Of course, it would have been great if the subcommittee had not needed a deadline extension at all. However, as is well known, things rarely move that quickly in the Federal Republic of Germany. Therefore, it is overall very positive news that the National Council has spoken out with such clarity in favor of the new regulation of the cannabis market. If everything now goes like clockwork, legalization could actually become a reality as early as 2026. The year 2027 seems more realistic, as the SVP has already announced that it wants to bring the future cannabis law before the people with a referendum.
So for us it is still: Stay patient. However, the legalization plans in Germany, an increasingly pro-legalization population, and the empirical data generated by the pilot trials to date point to a bright future. More and more, the idea of a legal cannabis market with good youth and consumer protection and without an illegal black market seems to be taking root in people’s minds. And even if this were not to happen until 2027, Switzerland would at least not be left behind in an international comparison.
On the road after cannabis use – what actually applies? And how does that work with CBD hemp? Unlike alcohol, the rules that apply to cannabis on the road are not yet part of general knowledge in Switzerland. While there are well-known principles (“No drugs behind the wheel”). However, these are moderately helpful when it comes to concrete everyday situations.
The most important in a nutshell
Autofahren mit THC im Blut (>1.5ng/mL) ist stark illegal.
Der vereinzelte Konsum von CBD-Hanf fĂŒhrt zu THC-Werten von weniger als 1.5ng/mL und ist daher rechtlich kein Problem. Trotzdem kann selbst wenig CBD-Hanf zu einem positiven Drogenschnelltest fĂŒhren und ein mĂŒhsames Verfahren auslösen. Bei regelmĂ€ssigem Konsum von CBD-Hanf ist es gut möglich, dass der THC-Gehalt im Blut ĂŒber die 1.5ng/mL steigt.Eine THC-Konzentration von 3-4.1 ng/mL beeinflusst die FahrfĂ€higkeit in etwa gleich stark wie 0,5â° Alkohol.
Das Unfallrisiko ist besonders in der ersten Stunde nach dem Konsum von THC-haltigem Cannabis grösser.
Der Mischkonsum von THC und Alkohol verschlechtert die FahrfÀhigkeit besonders stark.
The current THC limit for road traffic
The law sets a THC limit of 1.5 ng/mL (1.5 nanograms of THC per milliliter of blood) in road traffic. That makes everything clear, doesn’t it? Of course not. To understand the whole situation, we need to backtrack a bit.
The limit value of 1.5ng/mL is an “analytical limit value”. Thus, it does not matter whether or not the ability to drive was actually impaired. It is true that in the case of alcohol, too, the number of promillas is simply measured and not tested to see whether the person is driving dangerously because of it. However, the two limits are fundamentally different: 0.5â° alcohol in the blood is considered a level above which the ability to drive decreases significantly. This limit has been established with numerous scientific studies. The THC limit, on the other hand, is relatively arbitrary. It is high enough that the measuring instruments can be relied upon – but so low that it amounts to de facto zero tolerance. This means that if a person has consumed THC, this value is always exceeded. And it remains exceeded even after the actual effect in the body has already ceased.
Why is there zero tolerance?
There are various justifications for the different rules for alcohol and cannabis. One argument is based on the fact that cannabis use is illegal anyway – and therefore zero tolerance is appropriate. Since there is already a possibility to punish cannabis users with the narcotics law, this argumentation is quite absurd.
Another line of argument is based on the fact that it is not possible to set a fair limit. Because especially with cannabis, the differences in the mode of action are huge. What active ingredients were present in the variety consumed? Was it a variety with a lot or little THC? Does the person use cannabis regularly or was it a spontaneous use? Was only THC consumed or also alcohol? How quickly does this specific person’s body break down THC? These and many more factors influence the impact of THC on driving ability.
Last but not least, unlike alcohol, in an illegal cannabis market it is simply not possible for consumers to know the THC content of the strain they are consuming. And since cannabis can be consumed in a variety of ways, no general “guideline” values can be established, as is done with a glass of wine or a bottle of beer. Consumers would almost have to have their blood analyzed to know if they now have too much THC in their blood.
Why zero tolerance does not work
In practice, this zero tolerance does not prove itself at all. People who are not a danger to road traffic are traveling illegally. Be it because they use cannabis regularly and therefore actually live constantly with a THC concentration of more than 1.5ng/mL or because a rapid drug test by the police could not distinguish between CBD hemp and THC-containing cannabis.
Especially in the case of regular cannabis use, THC remains detectable even after the effect has long passed. If cannabis is used infrequently, 6h should usually be sufficient for the THC level in the blood to fall back below 1.5ng/mL. In the case of regular consumption, however, the value would only fall below 1.5 again after a break of several days. So even if there is a night’s sleep or even more time between the joint and the car ride, driving is illegal for regular users.
As mentioned above, zero tolerance offers problems not only in relation to currently illegal cannabis, but also in the consumption of CBD hemp. In Switzerland, CBD hemp is allowed to contain up to 1% THC. This is usually not enough for a THC content of 1.5ng/mL in the blood. It can happen, however, that a rapid drug test by the police comes out positive. From this point on, a complex procedure begins with blood & urine tests, possibly a provisional suspension of the driver’s license and, as a case from practice shows, even with high procedural costs.
Solutions for the regulation of THC in road traffic
The current rules for cannabis on the road are already unsatisfactory. They are even less suitable for a society with a regulated cannabis market. With the current rules, one would have to choose either cannabis or driving – a combination would simply not be possible. So, at the latest in the context of cannabis legalization, no matter what form it takes, something has to change. Current findings on the actual relationship between THC concentration in the blood and driving ability provide clues. A look at other countries can also help.
Current knowledge about THC and driving ability
A study commissioned by the FOPH examined the issue of THC in road traffic. For theTHC concentration in the blood, they came to the following results: At 1-2.5ng/mL there are first impairments. Only at 3-4.1ng/mL are the limitations of coordination and reaction comparable to 0.5â° alcohol. In fact, cannabis users with 5ng/mL or more are involved in more accidents. So THC does indeed have a not insignificant impact on driving ability. However, as with alcohol, the effect depends on the dose. Another revealing result of the study: In the first hour, consumers were more often involved in accidents. After 2 to 4 hours, the risk decreases again significantly.
It is true that too high a THC content also worsens the ability to react and the coordination behind the wheel. Unlike alcohol, however, cannabis does not promote risk-taking – a pretty significant difference for road safety….
However, it is important to note for all cannabis users that mixed use of cannabis and alcohol massively impairs the ability to drive. Even if a beer alone as well as a single joint is not yet too big a risk, both together make driving a very dangerous thing.
Legislation in other states
European limits for THC in blood
In Europe alone, there are many different ways of dealing with THC on the road. Sweden, Spain and Slovenia have a hard zero tolerance, which goes even further than the regulation in Switzerland. There, the values are so low that presumably caution is already required when consuming CBD hemp that is legal in Switzerland.
In Germany, France, Belgium and some other countries, a system similar to that in Switzerland is being implemented. True, there is a small tolerance range. However, this has no direct connection with the proven inability to drive, but corresponds to what can be measured without doubt. Great Britain, Portugal, Poland and the Czech Republic have set the limits at 2 or 3 ng/mL where the influence on driving ability is actually present.
The rules in Norway and the Netherlands are somewhat more specific. In Norway, the penalties imposed differ depending on the THC concentration in the blood. In the Netherlands, a distinction is made between the use of cannabis and the mixed use of cannabis and alcohol, with mixed use being punished more severely.
And beware: just because there are no official limits in many countries (Italy, Austria, Baltic States, …) does not mean that there are no penalties. As a rule, the penalties there are simply based on the Narcotics Act.
What’s next in Switzerland?
It is still unclear how Swiss politicians intend to solve the issue of cannabis in road traffic in the future. The aforementioned study was commissioned as part of the pilot projects. So at least it was recognized that the current solution was no good. The study describes three scenarios for the future. Either the policy is stubborn and the current limit value is maintained. If the limit is to be changed, it will most likely be raised to 3 ng/mL as in other countries. This would create a counterpart to the 0.5â°. However, it is also conceivable that Switzerland will take inspiration from Norway and not only define a limit value, but also introduce a gradation with penalties of varying severity. The Netherlands, with its own rules for mixed consumption of alcohol and cannabis, could also serve as an inspiration.
But it will be a while before anything actually changes. Presumably, the issue will be addressed when the cannabis law, which is to emerge from PI Siegenthaler, is also being negotiated in the Federal Parliament.
The last few weeks, a new ruling by the Federal Court has been the talk of the town. The highest court ruled that an unpunished amount of cannabis (<10g and exclusively for personal consumption) cannot be seized by the police. This is another step towards the decriminalization of cannabis. In principle, less criminalization of consumers is to be welcomed. At the same time, the discussion about this ruling also shows why legalizing cannabis would be better for all sides and much less chaotic.
The regulatory jungle of partial decriminalization
Possession of a small amount of cannabis for personal consumption (<10g) and preparatory acts for consumption have been exempt from punishment in Switzerland for quite some time. For a long time, however, this legal situation was ignored by the police and the public prosecutor’s office, and fines were blithely handed out. The argumentation of the authorities was usually that it was still an illegal substance. Further, it was clear that sooner or later there would be consumption (or suspicion of past consumption), which in turn would be illegal. It was not until a 2017 ruling by the Federal Supreme Court that this practice was put a stop to. Since then definitely applies (more or less consistently implemented): Small amount & preparatory acts are exempt from punishment, the consumption itself is illegal.
However, the Federal Supreme Court left one important question open in its 2017 ruling: What happens to the unpunished quantity after a police check? Previously, the cannabis was usually confiscated. Admittedly, the question of what to do with a non-punishable quantity of an illegal substance is not without its challenges. It is therefore very welcome that it has now also been stated clearly here that an unpunished quantity is unpunished and therefore may not be seized.
However, anyone who thought that the discussion about law enforcement powers was over for the time being is unfortunately wrong again. Only a short time after the ruling, it was noted with astonishment in many places that the ruling of the Federal Court can be applied not only to cannabis but also to “hard” drugs. However, the SSK (Swiss Conference of Prosecutors) disagreed with this assessment. In order to prevent a cantonal chaos with different handling, they have urged all authorities to stick to the previous practice for hard drugs, while for cannabis it is clear that the ruling must be followed. Furthermore, the SSK called on politicians to regulate this ambiguity by law.
It could also be simpler…
As good as it is for consumers to be less criminalized – the solution is not a clean one. Not surprising really: wanting something to be illegal and unpunished at the same time probably inevitably leads to problems. If cannabis were finally legalized, the way would be clear for sensible and adapted regulation of the market. Instead of an eternal cat and mouse game between police & dealers, resources could be put into effectively fighting the big players in the black market and into meaningful prevention work. To get ideas of what that would look like, we don’t even have to look that far. On the one hand, we have already gained a lot of experience with alcohol and tobacco on how to regulate individual substances in a targeted manner. Furthermore, there are – both from Switzerland and from countries with legalization experience – various clear findings that speak in favor of legalization. Until we’re finally ready, we’ll just have to settle for CBD products when in doubt….
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