Category: Politics

Herba di Berna takes a look behind the scenes of the global narcotics market

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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.

Source: https://www.hanf-magazin.com/allgemeines-zum-thema-hanf/gesellschaft-soziales/high-society-die-top-25-laender-mit-dem-hoechsten-cannabiskonsum/?utm_source=Hanf+magazine&utm_campaign=258f522d4d-HMKW43_COPY_01&utm_medium=email&utm_term=0_3aaaa81d44-258f522d4d-206731114&mc_cid=258f522d4d

The legalization of cannabis in Switzerland

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A step into the future

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?

The survey by the Swiss Hemp Association

directly to the survey

Legalization in Germany: Is the Bundestag getting down to business?

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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.

Maps are circulating in Germany that show how the majority of urban and municipal areas would be located in a protected zone.
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.

Cannabis in Swiss road traffic

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.

Progress in the new regulation of the cannabis market

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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 😉) could thus become a reality in just a few years.

PI Siegenthaler for 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 on deadline extension for new cannabis legislation.
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.

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Cannabis on the road

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Auto im Strassenverkehr

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 führt 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 führen und ein mühsames Verfahren auslösen. Bei regelmässigem Konsum von CBD-Hanf ist es gut möglich, dass der THC-Gehalt im Blut über die 1.5ng/mL steigt.Eine THC-Konzentration von 3-4.1 ng/mL beeinflusst die Fahrfähigkeit in etwa gleich stark wie 0,5‰ 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 Fahrfähigkeit 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: 0.5‰ 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 0.5‰ 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 overview map of THC limits in road traffic.
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 0.5‰. 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.

CBD OIL with 0%-THC for 0 problems in road traffic

Partial decriminalization: a regulatory jungle

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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….

Try our excellent CBD hash

No confiscation of small amounts (<10 grams) of cannabis for personal use

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It has already been confirmed several times by the Federal Court that possession of less than 10 grams of cannabis does not constitute a criminal offense.[1] It was previously unclear whether the cannabis could be confiscated by the courts. This issue was clarified by the Federal Court on June 19, 2023.

Contribution of IG Hemp, July 2023(As a member of IG Hemp, Herba di Berna reproduces here an up-to-date information of the association).

What happened?

In 2019, the Border Guard Corps checked a man at the St. Margrethen train station who was carrying 2.7 grams of marijuana and 0.6 grams of hashish. The Rheintal District Court acquitted him of the charge of a violation of the Narcotics Act (BetmG). However, it ordered the confiscation and destruction of the seized cannabis. The Cantonal Court of St. Gallen confirmed the decision. The man defended himself against this in federal court and was proven right. Anyone who prepares a small amount of cannabis for their own consumption is not liable to prosecution under Article 19b(1) of the Narcotics Act. According to case law, these non-punishable preparatory acts include acquisition and possession. These preparatory acts for consumption are legal, which is why the person concerned is not committing an inducement offense by doing so. In its 2011 report on the introduction of the administrative fine procedure for cannabis use, the National Council’s Commission for Social Security and Health argued that only the cannabis product that was currently being used could be confiscated. However, a small amount that the offender only carries with him or her cannot be confiscated. This view of the Commission has now been confirmed by the Federal Supreme Court in its latest decision 6B_911/2021 Judgment of June 19, 2023.

A small amount of cannabis (up to 10 grams) intended for personal consumption may not be confiscated by the police and the courts for destruction. The ordered DNA collection was found to be unlawful. However, the man must pay CHF 500 in procedural costs and, according to the verdict, his filter tips were confiscated for destruction.

What does this ruling mean?

The ruling is a clear statement by the Federal Court against the unnecessary penalization of cannabis users. In this case, the Federal Court dealt exclusively with the technical aspects of the confiscability of small amounts of cannabis. Unauthorized use of cannabis remains a criminal offense under this ruling. The ruling is an important piece of the mosaic in the process of decriminalizing cannabis. Various questions arise regarding the impact of the ruling.

1. has the cultivation and importation of small amounts of cannabis been legalized with the ruling?

According to Hug-Beeli, the preparation of a minor quantity of less than 10 grams per week includes both cultivating, manufacturing, otherwise producing, storing, possessing, acquiring, transporting in, out, and carrying out, and other offense variants.[2] The cultivation and importation of minor amounts (up to 10 grams) of cannabis may be considered legal under Swiss law from this perspective. To date, there is no case law on this issue.

2. when can the public prosecutor’s offices and courts assume a minor case of consumption of cannabis pursuant to article 19a paragraph 2 of the Narcotics Act, which would mean exemption from punishment for the user?

Unfortunately, this question is still unresolved. For adults with moderate and socially inconspicuous use, punishment for use is not perceived as appropriate. In general, the use of cannabis should be exempt from punishment.

We are interested in your opinion. Let us know what conclusions you draw from the ruling and what it means for hemp lovers in Switzerland.

Well informed with the Herba newsletter

https://www.bger.ch/ext/eurospider/live/fr/php/aza/http/index.php?highlight_docid=aza%3A%2F%2Faza://19-06-2023-6B_911-2021&lang=de&zoom=&type=show_document

https://www.bger.ch/files/live/sites/bger/files/pdf/de/6b_0911_2021_2023_07_24_T_d_07_59_04.pdf

[1] 6B_1273/2016 Judgment of September 6, 2017.

[2] Hug-Beeli, Betäubungsmittelgesetz (BetmG), Kommentar zum Bundesgesetz über die Betäubungsmittel und die psychotropen Stoffe vom 3. Oktober 1951, 2016, Art. 19b N 41.

Author: Tom (IG Hemp)

About IG Hemp
IG Hanf is the trade association of the Swiss cannabis industry. It represents its members vis-à-vis politicians, authorities and the public. In doing so, it promotes exchange and cooperation among members, thereby strengthening the cannabis industry in Switzerland.

Their mission is to create a regulated cannabis market to ensure Switzerland is at the forefront of the global cannabis industry. IG Hemp sets new standards for its members and the industry. First and foremost with the quality label Swiss Certified Cannabis, which guarantees reliable product and consumer safety. IG Hanf is also a founding member of the Cannabis Consensus Switzerland association, in which organizations and political parties jointly pave the way for an open and responsible approach to cannabis.

Further information: www.ighanf.ch | www.swiss-certified-cannabis.ch | www.ighanf.ch/ehrenkodex

SCRIPT: Pilot test in Bern, Biel & Lucerne

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Altstadtgasse in der Stadt Bern

In May 2023, the University of Bern’s cannabis pilot project was approved by the Federal Office of Public Health and the cantonal ethics committees concerned. Under the name “SCRIPT – The Safer Cannabis Research In Pharmacies randomized controlled Trial”, the health and social effects of regulated cannabis sales will be investigated in the cities of Bern, Biel and Lucerne. If everything goes smoothly, the trial will start this fall.

What are the pilot tests about?  The pilot projects are intended to provide scientific evidence for the discussion on possible cannabis legalization. You can read more about the history of the pilots here and in our latest update on the pilots.

How does the SCRIPT study work?

Once the trial begins, the first half of the approximately 1,000 participants will be able to legally purchase cannabis products at selected dispensaries in the cities of Bern, Biel and Lucerne. Offered in addition to the flowers are other products such as hash, liquids and oils – all neutrally packaged so as not to attract attention. The second half of the study participants may also legally purchase cannabis 6 months later. This randomized allocation is intended to maximize the power of the study by direct comparison.

Study data will be collected at six-month intervals during the approximately 2 years of the trial using questionnaires and interviews. The focus is on the impact of regulated cannabis sales on people’s consumption patterns and health. In addition to the large surveys, sales staff are also encouraged to engage in conversation with customers when selling study cannabis in order to capture an even more accurate picture of reality.

Participation in the pilot test

Registration for the SCRIPT study is scheduled to open in early summer 2023 for interested individuals residing in the Canton of Bern. People from the city of Lucerne will have to be patient until they can get to one of the 300 or so study places in their city in winter 23/24. As in all other pilot trials, the study is only open to individuals who are at least 18 years old and have a history of using cannabis in their daily lives.

Those admitted to the study will receive a study card that entitles them to purchase 10g of THC per month. During the first purchase, a detailed consultation should take place in order to present the various products to the customers in detail.

Question that arises: What happens if the police pull me over and I have study cannabis in my pocket? Again, the answer lies partly in the student ID card. Of course, since the authorities do not know who is participating in the study, study participants must be able to identify themselves in the event of police contact for carrying cannabis. The other conditions for an unmolested walk through the city: the original package must be unopened, because the products may not be consumed in public spaces, and the limits of max. 10g of cannabis flowers or hashish or a maximum of 2g of THC for liquids and oils may not be exceeded. Not particularly suitable for everyday use – but the study is still taking place in a time of repression…

Herba di Berna and the pilot tests

Even if we as Herba di Berna – despite our specialty store – cannot participate in the pilot test, we are basically pleased about the study. Finally, something is happening in Bern, too. Legalization preparation is approached scientifically. A regulated sales concept lays the groundwork for ensuring that legalization does not become a leap from the sharpie market to the Wild West. It is not about a few companies being allowed to take money out of everyone’s pockets and rake in fat profits. Instead, the focus is on sales by trained professionals to finally make high-quality products with clearly declared ingredients legally available to meet the real need of large segments of the population.
It is questionable whether we really need to carry out our own elaborate tests in advance instead of simply taking the empirical values of other countries to heart. But we have inevitably learned to practice patience and enjoy small steps.

Legal CBD products to bridge the waiting time

More info on the SCRIPT study: script-studie.ch

Pilot testing: What’s running where?

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Since the summer of 2021, it has been clear that pilot trials on the legal use & sale of cannabis will be conducted in Switzerland. Despite the widespread interest, which is reflected among other things in a large media response, our patience is being tried. In Basel, the start of the “WeedCare” pilot trial planned for autumn 2022 had to be postponed again, in Bern the canton put on the brakes and the city of Zurich had to wait months for the FOPH. In 2023, however, there is new momentum: where are we now?

What are the pilot tests about?
The pilot projects are intended to provide scientific evidence for the discussion on possible cannabis legalization.
You can read more about the history of the pilots here and in our latest update on the pilots.
Provisions for the pilot test (BAG)
Provisions for the pilot test(BAG)

Basel has its nose in front

Actually, the Basel pilot trial “WeedCare” was supposed to start last fall. At the last moment, however, the launch was postponed: Pesticide contamination was detected in the products, which is why the harvest no longer met the required organic guidelines. A farmer had sprayed pesticides on the field next door and the wind carried them to the hemp field as well.

After this messy interlude, the first study participants were finally able to buy their first legal THC cannabis at the end of January 2023. In the summer, the pilot will also start for the second half of the approximately 360 participants. It is not yet clear when the first results of the study will be published, but we eagerly await them.

Zurich finally gets to go too

Compared to Basel, the city of Zurich has set up a huge project: More than 2000 participants are to be able to buy and consume cannabis legally for 3½ years. After a long wait for the authorities, legal THC cannabis is now also being cultivated for Zurich residents so that sales can start in the summer.

The long ways of management

In June 2022, the City of Zurich submitted its study application to the cantonal ethics committee and the FOPH. While the approval of the ethics committee was already available in August, the FOPH was slow to act. The application for the pilot was passed back and forth in the federal office for about 9 months. This delay is justified by the “high complexity” of the request and the large number of submitted study concepts from different cities and regions. The fact that the approval was finally granted shortly after the publication of numerous media articles on the subject is probably not only due to coincidence. Sometimes public pressure suddenly brings speed into the cumbersome processes of the authorities. A good classification of the delays was offered by the association LegalizeIt! already in December: “Still no Cannabis Social Club in 2022: What happened?”

When the permit finally arrived on March 22, everyone immediately got to work. Producers Pure Production and Swiss Extract, for example, plan to harvest the first flowers in July. Sales are then scheduled to start in August, and hash products, which are more complex to process, should also be available from October.

We don’t only have hash in October 😜

Cannabis Social Club

The Cannabis Social Clubs (CSC) are a welcome feature of the Zurich trial. In association structures, a sales and meeting point supported by the members is to be created, which focuses on social exchange and joint consumption. In countries such as Spain, Belgium, Uruguay or the Netherlands, the CSC model is already widespread. There, however, in addition to the transfer of knowledge, the collective cultivation of one’s own cannabis is also at the center of the clubs. However, the social clubs were not allowed to do this in the Zurich study. In order to achieve the most meaningful results possible, the products should be the same at all dispensing points. Furthermore, the authorities unfortunately believe that the CSC members would not be able to meet the high quality standards of the pilot tests.
The association LegalizeIt! runs the“Hanfstübli“, one of the social clubs in Zurich. The more than 30 years of experience in the Swiss hemp world, at the interface between consumer protection and political engagement makes the association the perfect operator of a CSC.

Shop window of a cannabis social club in Buenos Aires.
Cannabis Social Club in Buenos Aires(kweez mcG – CC BY 2.0)

Where’s the next pilot?

In addition to Basel and Zurich, there are several other pilot trials that are more or less advanced in the planning stage. According to LegalizeIt!, the first pilot in Bern is scheduled to start as early as summer 2023. There, too, the study application is currently pending at the FOPH and the Ethics Committee. For the other cities, very little to nothing is known yet. The same goes for our new stoner capital, Geneva…. (in fact, more cannabis is consumed in Geneva than in Amsterdam 😯)

Pilot test away from the cities

A planned pilot trial does not want to limit itself to the cities: Bergblüten AG has submitted an application for a study involving 2700 people from Valais and 300 participants from Glarus. In order to cater to the extensive catchment area, sales are to be handled via an online pharmacy, among other things.
The required 350 kg of cannabis per year are to be produced in Benken (SG) and in Ticino. As with all THC production facilities, cultivation must meet not only high quality but also safety standards. What could be more lucrative than raiding a field full of THC flowers and selling them on the black market?

Outdoor cannabis is used for the pilot trials

Private companies also want to get in on the action

In addition to the previous pilot trials, which all originated in cooperation between university & authorities, there are also private organizations such as the“Swiss Cannabis Center (SCC)” and“Pilot Trial Cannabis Switzerland (PVCS)“, which initiate trials and maintain waiting lists for interested consumers. The SCC is planning for implementation in the cities of Bern, St. Gallen and Zurich, while PVCS wants to offer the THC products via an online store in larger trial areas that have not yet been defined more precisely.

🪴 CBD flowers for a relaxed wait for the pilot tests

Financial advantages of legalization

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What legalization would bring economically is hardly discussed. However, the topic offers plenty to talk about.

The possible legalization of cannabis brings many different issues to the table. Discussed are the health effects, forecasts of changes in consumption, prevention, consumer protection, repression, and political feasibility. A study has finally been published on the financial advantages and disadvantages for the situation in Switzerland: Oliver Hoff from the University of Geneva has researched. On the one hand, the current situation is assessed and, on the other hand, the financial impact of different legalization scenarios is modeled. The aim is to find out what level of regulation would be appropriate.

Status quo (black market): 1 billion annually!

1 billion Swiss francs. Around that much turnover is attributable to cannabis use in the Swiss economy. In addition to direct influences such as production and trade, this figure also takes into account indirect influences such as health care and law enforcement.

This high turnover is mainly due to the extremely high profit margins in the black market, in addition to the amount of products consumed (approximately 175,000 joints per day). Around 430 million (43% of total sales) are directly attributable to illegal activities.
This distribution of sales is clearly disadvantageous for society as a whole. Illegal actors profit while the general public is left to bear the costs. In a legal cannabis market, some things would change: sales would probably decrease in any case, as the profit margins from the black market would not continue in this way. However, exactly how sales would continue in a legal cannabis market depends heavily on the scenario chosen.

Shaping legalization: Models for the Future

In addition to analyzing the current situation, the study “Cannabis in the Swiss Economy” also ventures into future forecasts. Three different scenarios of legalization are examined for their economic impact.

The CSC scenario assumes legalization of cooperative production in the context of cannabis social clubs. The production, distribution and consumption of cannabis is organized in registered adult-use clubs. This system currently exists in various countries, such as Uruguay. The pilot in Zurich, which should start in the next few months, also includes social clubs. In a CSC scenario, the black market could hardly be dried up completely, according to Hoff, because signing up for a social club would be quite a big effort for casual consumers. Regular consumers, on the other hand, would be able to benefit from legal certainty in clubs.

In the highly regulated scenario, a legal market is recorded that legalizes production and trade in licensed companies from the private sector. Consumption and possession are also legal. Cannabis is taxed by weight and retail value. The concrete design of the model is based on a current template from New Zealand.

A Free Market would involve commercial legalization in a for-profit market with few cannabis-specific regulations. Cannabis would be one product among many and would be regulated similarly to other consumer products. The taxation is carried out exclusively through the usual value added tax.

Sales and taxes after legalization

Total sales in the Swiss economy would decline in any case compared to the status quo. It is lowest in the “Free market” scenario, with forecast sales of CHF 195 million. In this, competition would reduce profit margins and production costs to a minimum. There would be hardly any tax revenue worth mentioning, which means that any prevention and health costs incurred would have to be borne by the general public. This is problematic in that these costs would likely be the highest in such an unregulated market compared to other scenarios.
In a highly regulated market, a tax burden similar to the tobacco tax would generate revenues of up to half a billion Swiss francs. These could be earmarked for prevention, consumer protection and covering the social follow-up costs, according to the study. The calculated total revenue amounts to CHF 275 million in a highly regulated system.
Total revenue is highest in the CSC scenario at 650 million Swiss francs.

When taxing a legal cannabis market, it is essential to consider the interactions with the black market. Since the black market is of considerable size today, it is unlikely to disappear overnight even with the introduction of a legal market. This is also evident from the experience of other countries, such as Canada.
There are several issues worth noting: Young black market customers cannot find a place in a legal cannabis market. Further, the black market will try to undercut the prices in the legal market. With today’s profit margins, there is quite a bit of potential to keep up in a price war for a relatively long time. This interaction argues in favor of keeping the tax burden in the legal market rather low at the beginning in order to crowd out the black market as a first step. Once this is severely weakened, the tax burden can be raised.

Repression and health in the legal market

In an initial phase, legalization would hardly lead to a relief of the repressive organs. On the one hand, the declared goal would be to fight the black market, and on the other hand, the newly introduced market would probably have to be subject to relatively strict controls.

Projected health care costs are influenced by many factors. In a “free market” scenario, costs are assumed to rise moderately. The reason for this is an expected increase in the number of consumers, as a free market would offer not only low prices but also very easy accessibility and advertising opportunities.
In contrast, in a highly regulated legal market, it is believed that prevention messages and addiction services, combined with expanded consumer protection, could positively influence health care costs. However, a reliable statement cannot be made due to the extremely complex interrelationships.

What is the point of such studies?

The study of Oliver Hoff works in many aspects with highly simplified models, but offers an important basis for the political as well as the scientific work regarding a legalization of THC-containing cannabis. Thus, it could be shown that different legalization scenarios show great differences, but overall represent a promising option also in terms of financial impact. Both in this field and in other areas, such as consumer protection, scientific work could contribute much more to the political discussion.

To our legal hemp flowers….

Left:
– Cannabis in the Swiss economy (abridged German version of the study)
– Today’s cannabis regulation is economically inefficient – Jungfrau Zeitung
– Les retombées économiques du cannabis en Suisse – unige.ch (Communiqué de presse)