Category: Politics

Update on the pilot tests

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This summer, the topic of cannabis was regularly taken up by the media. The focus was on the so-called pilot tests. These allow the dispensing of cannabis containing THC, currently in the form of flower or hashish, as part of scientific projects. We reported more than a year ago on how the legal basis for the pilot tests came about. Since then, a lot has happened now: the first pilot starts sales and others are in the starting blocks.

Basel moves forward…

The pilot test in Basel has received the most public attention so far, as it has been pushed forward by far the fastest. While other cities haven’t even submitted their trial concepts yet, Basel’s trial began this week. However, the sale of cannabis will be delayed for a few more days due to contamination of the products.
Study participants who are required to participate in a study survey every 6 months. One reason for the rapid progress of the Basel project: The University of Basel already started preparing a pilot trial in 2016 and was thus soon able to settle the cooperation between the University Psychiatric Clinics, which are scientifically supervising the trial, and the City of Basel after the “Go!” from Bern.
Offered in Basel are four different flower varieties and two hashish varieties in organic quality, each with different THC content. As stated in the pilot testing law, a maximum of 10 grams of THC may be purchased per month. How many grams of flowers this gives depends on the THC content of the product.

…Zurich wears thick

In the city of Zurich, the pilot trial does not start these days, but progress was also made. The Zurich project, which is currently pending with the Federal Office of Public Health (FOPH) and a cantonal ethics committee, is particularly notable for its size: 2,100 THC users living in the city of Zurich are being sought, and a waiting list is currently being maintained. Furthermore, the focus in Zurich is on comparing different sales options. In addition to 10 selected pharmacies and the city’s drug information center, ten “Cannabis Social Clubs” will be given the opportunity to create a social meeting place with 50-150 study participants, where the focus is not only on selling hemp but also on social exchange and joint consumption. One of these clubs is expected to be run by the “Legalize It!” association.
Those who want to participate in the Zurich pilot can one day register directly with the registered pharmacies, the social clubs or the drug information center. To ensure that the data on the different sales options remain as meaningful as possible, the flowers can only be obtained during the 3-year study from the sales outlet where the registration was made. The prices of the products sold are the same at all points of sale and, as in Basel, are based on black market prices.

What’s going on in Bern?

The city of Bern has also submitted a pilot trial application to the FOPH. However, it is almost impossible to find out how far this process has progressed. The last time Bern made itself heard was in a rather unpleasant way: the canton wanted to put a stop to sales in pharmacies. Requested instead were sales at drug dispensaries. So while Zurich is experimenting with social clubs, the conservative government of the canton of Bern celebrates the image of drug-addicted stoners and equates hemp with hard drugs like heroin. However, the FOPH called off the canton, saying it had nothing to say about the pilot tests in the city.

But there is also more pleasant news: The city of Biel is also expected to participate in the pilot trial of the University of Bern. A contingent of 100 to 170 people is envisioned who could buy cannabis at Pharmacie Dufour in Biel.
In addition to the trial at the University of Bern, the association “Cannabis Research” wants to start another trial in the canton of Bern in cooperation with the University of Zurich.

Participation of Herba di Berna AG

Since we do not maintain a dispensary or grow weed containing THC, we are not involved in the pilot project processes currently underway. Nevertheless, with our store on Breitenrainplatz, we see great potential for studies on the legal distribution of hemp. Specialty stores may well be a viable option for the distribution of cannabis products, as they can optimally cater to the needs of their clientele.
Therefore, we are trying to participate at least in a pilot test, for example, of the association Cannabis Research as a point of sale.

Visit us at CBD & Coffee at Breitsch!

Links and sources:
– FAQ about the pilot tests (BAG)
– Cannabis study “Weed Care” (Media release Canton Basel-Stadt)
– City of Zurich is looking for 2100 stoners (TagesAnzeiger)
– Cannabis study “Züri Can” (City of Zurich)
– Canton of Bern is against legal cannabis dispensary (20min)
– City of Biel wants to participate in cannabis PIlot project (Jungfrau Zeitung)
– Cannabis Research Association

Solothurn demands THC legalization

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At the national level, slow progress has been made with regard to cannabis legalization. Now the canton of Solothurn is signaling that more could happen: On 06 September 2022, the cantonal parliament has sent a state initiative to the federal government.
The canton of Soltothurn thus demands, analogous to PI Siegenthaler, a legalization of cultivation, trade and consumption of cannabis containing THC.

Why a standing initiative?

The question of the usefulness of such a standing initiative was one of the main arguments of the minority that rejected the bill in the Solothurn cantonal parliament. In fact, the Siegenthaler PI includes the same requirements. In addition, it has also already initiated the same process that is also triggered by the stand initiative. The health committees of the National Council and Council of States must consider the bill and, if they approve the process, prepare a draft bill for parliament.

Even though a bill for cannabis legalization is now already being drafted thanks to PI Siegenthaler, there are reasons for such a standing initiative. It is an opportunity that the canton of Solothurn could use to point out to Federal Berne that legalization is desired and that the processes should be faster.

The demand was initiated in the canton of Solothurn in May 2020. After a collection of signatures by the FDP, a “people’s mandate” was submitted, which demanded legalization from the cantonal government. Since a cantonal solo action seems neither sensible nor possible, the stand initiative was probably the only sensible instrument for making this demand from the population heard.

Left:
– Solothurn government supports legalization of cannabis (solothurnerzeitung.ch)
– Solothurn smoke signals to Bern (Solothurner Zeitung)
– Solothurn cantonal council wants to legalize cannabis (SRF Audio)

Discover hemp flowers, which are already legal now, in our online store…

Denatured hemp oils – What’s next?

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The impending introduction of mandatory denaturation for hemp oils poses major problems for the cannabis industry. In the last post we described the problem in more detail and also mentioned some suggested solutions.
Now it is also clear how Herba di Berna will continue with CBD hemp oils.

CBD oils as cosmetics instead of chemicals

First things first: no, we will not sell denatured hemp oils. In the future, the oils will be able to be sold as cosmetic products. However, we would much rather have a sensibly regulated CBD market.

What will change for customers?

Something will change for our customers in that we will no longer be able to offer our strongest hemp oils (30%, 35% and 40% CBD content) after September 2022. To produce an oil with such a high CBD content, the extraction process exceeds the THC limit for cosmetics. Even if this concerns only the raw extract and not the finished product, such production would be against the law.
Solutions to this problem already exist, but implementing them will take even more time than the six months our producer had between the announcement of the denaturing requirement in April and its implementation in October.

The advantage More sustainable oils

However, we do not only have bad news, but something is changing for the better: In cooperation with“Swissextract“, an organic certified company, we will produce our oils up to 24% CBD content only with organically grown sunflower oil as a carrier. As a result, we are no longer dependent on imported coconut oil and can thus produce our oils exclusively from ingredients grown and processed locally in Switzerland.

We are glad that we have found such a good solution to be able to offer high quality organic hemp oils also in the future.

Stock up on CBD oils now!

Cannabis in the focus of the public

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Media release of IG Hemp, July 5, 2022

As a member of IG Hemp, Herba di Berna reproduces here the latest media release of the association:

Discussions about cantonal pilot projects and a report by the UN Office for
The United Nations Office on Drugs and Crime (UNODC) once again demonstrates the urgency of a
Regulation of cannabis in Switzerland. Switzerland’s most important industry association, the
IG Hemp takes a firm stand on this and says: “Through state regulation, it is possible to
quality and purity of the cannabis, the protection of minors, and the
and to provide information, advice and assistance to the
Prevent Problematic Consumption.”

Various Swiss cities are beginning to implement cannabis pilot projects. For example
Basel, Zurich, Lausanne and Bern, to name but a few. Since the implementation of the pilot tests
is regulated at the cantonal level, there are differences in the design. In Zurich, the delivery of
Cannabis regulated through dispensaries. Lausanne relies – similar to Spain – on the model of the
Cannabis social clubs as dispensaries.

Resistance in the Canton of Bern

In the Bernese government council (canton), on the other hand, resistance to the planned implementation is stirring
of the pilot project in the city of Bern. Pharmacies, he said, are not the appropriate place to dispense
addictive substances, according to the motion of SVP councillor Patrick Freudiger. The motion was adopted by the
Government Council approved. Now it is up to the Grand Council to evaluate this political proposal.
In the meantime, however, the FOPH has called off the government council. For this purpose the canton
nothing to say, says the Federal Office of Public Health.

Hemp federation: Pharmacy levy not meaningful

Even if IG Hemp does not agree with the argumentation of the motion makers, it shares the
View that pharmacies are not appropriate dispensaries for cannabis as a stimulant. Specialized stores with the appropriate know-how would be better. The fact that the pilot projects are structured differently depending on the canton is to be welcomed, as they serve to obtain scientific data that can serve as a basis for the debate on legalization. IG Hanf has developed a 10-point plan in cooperation with Sucht Schweiz and Cannabis Consensus Schweiz.

10-point plan for Swiss hemp legalization

The goal of the hemp association’s 10-point plan is to combine safety and public health with a regionally based, responsible and sustainable Swiss cannabis economy. The specifics of the federal structure of the Swiss administration and the
policy is taken into account and tax revenues are generated to finance flanking measures. More information:

  1. Protect youth from the negative effects of cannabis use
  2. Promote use of cannabis products with low health risks
  3. Educate consumers about the risks
  4. Prevent and punish the performance of certain professional activities under the influence of cannabis
  5. Restrict cannabis in public spaces and cannabis advertising
  6. Control cannabis production and quality and ensure traceability
  7. Separate medical cannabis market and non-medical cannabis market
  8. Sale of cannabis products in specialized stores
  9. Tax cannabis to fund accompanying measures
  10. Regulate cannabis production for personal use

And what do the politicians say?

Do politicians who advocate legalization, i.e. mental
Switzerland’s health at risk? “No, not at all,” defends center national councilor Heinz
Siegenthaler. Especially to protect health, it is important to legalize cannabis: “Only
so we can ensure that the end consumer receives a product that has passed through quality control and is clear about how much THC it contains. With alcohol, the end consumer also knows how much of it is in beer and how much in whiskey,” says Siegenthaler.

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

New step for legalization

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The U.S. House of Commons passed the Marijuana Reform Act this spring, which would legalize cannabis nationwide. Things are also moving in Switzerland: In Basel and elsewhere, preparations for pilot tests on the legal sale of cannabis are in full swing. The canton of Solothurn is calling for a carefully crafted new regulation, i.e. legalization, of cannabis. However, the cantonal efforts could soon be overtaken: The implementation of the Siegenthaler parliamentary initiative, which calls for a new national regulation of cannabis legislation, has cleared another hurdle to implementation.

The initiative of National Councillor Heinz Siegenthaler currently represents the core of political work with regard to cannabis legislation. Basically, it is about drafting a new law that would regulate a legal cannabis market in Switzerland. What the parliamentary initiative demands in more detail can be read in our blog post about it. A few weeks ago, at the beginning of June 2022, a “Subcommission ‘Cannabis Regulation'” has now been created. The sub-commission of the SGK-N is composed of 9 members of all major parties and has the mandate to elaborate a concrete legislative proposal. When the draft for such a “cannabis law” will be available is hard to estimate at the moment. Siegenthaler’s goal is to have a draft law by the end of 2023 and a finished law by 2025. However, the effective timetable depends on many factors, and the clout of opponents of legalization in particular is difficult to gauge at this time.

An important contribution to a new cannabis law will come from the cantons. Thus, much will depend on the results of the “pilot tests”, which will start soon. The pilot trials allow for the legal sale of cannabis containing THC in a protected setting. This summer, the first trials will start in the city of Basel. The search is on for 400 people who want to buy state-owned cannabis. The trial participants will be accompanied by the University Psychiatric Clinics in order to gather the most meaningful results possible on the effects of legal sales. The rapid availability of such data is of great relevance for the drafting of the cannabis law and can significantly speed up the process.
The canton of Solothurn is also stepping on the gas: at the end of May, the government council passed a communication in which the canton calls for the legalization of cannabis. The demands are quite congruent with the demands of Siegenthaler’s parliamentary initiative. Nevertheless, the canton is considering sending a standing initiative to Bern to increase pressure for a speedy drafting of the cannabis law.

For us as Herba di Berna AG it is clear that the above-mentioned efforts are gratifying. Consumers will be better protected by a legal market and the associated quality controls, and the often seemingly arbitrary state repression will be reorganized. Society can use funds elsewhere that are currently health care costs and costs of repression. Furthermore, a legal market can be taxed appropriately to cover – analogous to tobacco – the protection of minors, consumer protection, prevention campaigns and other costs. We are excited to see how the process continues and try to keep you updated on this complex topic.

Links and sources on the topic:
– Marijuana Reform Act in the USA (CNN, English)
– Solothurn government supports legalization (Nau.ch)
– Drug City Basel (Solothurner Zeitung)

THC limit of 1% soon also applies to CBD cannabis resin

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It pays to keep at it. After interventions of the hemp industry, the Federal Council holds that also cannabis resin (pollinate) is regulated with the 1% limit. Cannabis resin containing less than one percent THC thus becomes a marketable product. The amendment is expected to take effect in the summer of 2022.

How it came to the change

Léonore Porchet, a member of the National Council from Wadtland, had submitted an interpellation to the Federal Council pointing out that even today cannabis resin is treated differently than, for example, flowers, cuttings, oil and tinctures. IG Hemp has already pointed out this unequal treatment in November 2021. This illogical “technical error” in the Narcotics Law was in contradiction to the handling recognized by the Federal Council itself, according to which only plants, parts of plants and preparations that have a total THC content of at least 1% are considered cannabis in the narcotics legal sense.

What changes

Specifically, the list of narcotics ordinance is now to be adjusted so that even in the case of cannabis resin, only products with at least 1% THC are considered narcotics. This is another step towards a coherent and uniform classification of cannabis products. It creates clarity and thus meets the demands of IG Hemp.
The amendment is expected to come into force in the summer of 2022, together with other amendments to the Narcotics(Medical Cannabis) Act.

Sources:
– IG Hemp: News from the Federal House
– Interpellation by Léonore Porchet

Comment on VKCS article “Health risk in many foods containing CBD”.

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At the beginning of February, the Association of Cantonal Chemists of Switzerland (VKCS) went public with a media release on CBD-containing foods. The communication left the hemp industry in no good light: 85% of the products were objected to and 73% were even criticized as posing a health risk – without further specification.

Important for our consumers: The tested products of Herba di Berna can all be consumed without health concerns.

IG Hemp, the cannabis industry’s trade association, was aware of the product inspections conducted by the VKCS. However, IG Hemp did not know about the details and results. The information about which products were objected to also did not find its way to the industry association.

As a manufacturing company, quality assurance of our products and consumer protection are important to us. While the VKCS appeals to precisely these values and calls on the manufacturing companies in duty to improve, we see the problem at the regulatory level. At the moment, Swiss cannabis policy is in a state of regulatory chaos that is almost impossible to navigate. Comprehensive regulation also seems sensible to us, but it must be uniform and comprehensible to ensure legal certainty for us. For example, we support the “Postulate Minder”. This proposal, which was adopted by the Council of States last year, aims to make the various forms of the hemp plant more economically viable through coherent, up-to-date regulation. Hopefully, Parliament will remedy this situation as soon as possible so that we, as manufacturing companies, know better which quality guidelines we have to adhere to.

Official statement of IG Hemp

Is the legalization of THC now coming?

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There has been a lot happening in the cannabis legalization space in recent weeks. Legalization suddenly seems quite a bit more tangible – both in Switzerland and in Germany. What just happened, and what does it mean now?

In Switzerland, cannabis policy took a big step forward in the Health Committee of the Council of States (SGK-S). According to the Health Committee of the National Council this adopted the “Siegenthaler Parliamentary Initiative”. The initiative calls for a re-regulation of the cultivation, production, trade and consumption of cannabis containing THC. What the initiative calls for in more detail can be read in the last blog post about PI Siegenthaler.
Even though the initiative has now passed a crucial hurdle with flying colors (9 votes in favor to 2 against), cannabis containing THC will not become legal overnight. As a next step, the National Council’s Health Commission has 2 years to draft a bill. The Federal Council is also likely to adopt a position on the initiative. Once the bill has been drafted, it still has to pass through parliament. Furthermore, if a referendum is held against the bill, the people may also have to vote on legalization. While it’s very nice to see something moving. However, a lot of patience and commitment is still required from supporters of legalization until this actually results in meaningful legislation.

In Germany, the political process is completely different, but it has a similar impact on the work of associations such as the German Hemp Association as it does in Switzerland, since there, too, even in the best case scenario, several years or at least many months will pass before something concrete emerges. The latest discussions and media reports on the possible legalization of THC were triggered in Germany by the coalition negotiations. During talks to find a government, legalization was apparently a topic on which the Greens and the FDP were largely in agreement. Since even the SPD is not likely to be fundamentally opposed to legalization, a new regulation is suddenly within the realm of possibility.
What these developments now mean in more detail, the German Hemp Association (DHV) has explained very well in a video. Episode 311 of the DHV-News deals with the new possibilities, takes a closer look at the media hype on the topic and asks the question, what kind of influence a possible legalization will have on the work of the hemp association. Since many of these questions will also arise in Switzerland, for example for associations such as “Legalize It!” or the “IG Hemp”, it is worth taking a look at the article.

So there is reason to celebrate – but the road is still long. Legalization is far from being a done deal, the exact details are still completely unclear, and even after legalization there would still be a lot to do in the field of consumer protection, for example.

Sources:
– Press release of the “Cannabis Consensus Switzerland
– Watson article: “Parliamentary commissions want to legalize cannabis”.
– DHV-News #311 from the German Hemp Association

Population survey on cannabis regulation

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At the beginning of July 2021, the FOPH published the results of a population survey on cannabis at a media briefing. The aim of the survey conducted by Sotomo was to know the attitudes of the voting population at the time of the launch of the pilot tests . Does the chosen path meet with approval? Would a possible legalization of cannabis be able to gain majority support? What measures would have to accompany such legalization? The federal government wanted a representative response from the population to questions of this nature.

The results of the population survey were quite sensational. In recent years, the attitude of the population seems to have changed fundamentally. Thus, the path taken is supported by a clear majority, as a new regulation of cannabis legislation is perceived as important or very important by a clear majority. The pilot tests also enjoy broad acceptance, especially in the cities and pilot communities.

However, the change in social values is most clearly reflected in the question of a possible legalization of cannabis: the survey results show that such a legalization has meanwhile become possible for the majority. Two-thirds of respondents were clearly or somewhat in favor of legalization at the time of the survey. Curbing the black market and better consumer protection were the two arguments for legalization that gained the most traction. On the opposing side, concerns were based on a feared trivialization of the drug and possible harm to the adolescent brain.

If legalization becomes an issue, sensible regulation and prevention will also be necessary in the eyes of those respondents who are in favor of such a step. In particular, a well-developed protection of minors is indispensable for a large majority. Comprehensive prevention measures and a restriction of THC content are also supported by more than half. More generally, participants in the study tended to favor rather strict regulation. Just because legalization has gained majority support does not mean that the use and trafficking of cannabis would become an activity beyond all laws.

We were very pleased when we heard about the results of the study. Hopefully this happy news will find its way into politics. Even though there has been a lot of movement in the Federal Parliament recently, the intended revision of cannabis legislation is likely to pick up speed a bit.

Source:
– Factsheet on the Sotomo population survey

Regulatory chaos in the cannabis industry

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Anyone wishing to enter the trade and production of cannabis products in Switzerland must first take an in-depth look at the applicable legal basis. This is a very laborious exercise, as one is faced with a large and confusing collection of laws that affect and regulate various aspects of economic activity in different cases.

When talking about legal regulation, most people think primarily of the 1% THC rule. The fact that there are a lot of other regulations that the legal cannabis industry has to follow is forgotten. For example, certain rules apply to tobacco substitutes, other rules apply to medicines, and still others relate to cosmetics. Further, cannabis products can also be classified as agricultural products, narcotics, commodities, food, or chemicals, with a different set of rules taking effect for each classification as well.

This fragmented legislation becomes a particular problem when it is unclear to which category a product should be attributed. CBD oils, for example, are generally considered chemicals, which must be accompanied by a whole range of warning labels for legal sale. This well aware that these oils are usually consumed. Alternatively, these oils could also be sold as food supplements – but only if they are approved by the EU as “novel foods.” However, these applications have been pending for a long time, and their processing has been suspended in the meantime. It was not until the ECJ ruling on November 19, 2020, that CBD was not an addictive substance that the submitted applications continued to be processed. Since this process usually takes at least 15 months from application to approval, it is likely that there will be a longer wait for this approval (or non-approval).

If one considers these conditions, it is obvious from our point of view that the legislation must be adapted. Such an adjustment could then also immediately take into account current developments with regard to the social status of the hemp plant, medical findings and the experience gained by other states. Therefore, as a company in the cannabis industry, we are very happy that things are moving at the moment. In addition to the increased occurrence of a social discussion, there are also some political initiatives: the parliamentary initiative of Heinz Siegenthaler, the“Postulate Minder“, the pilot tests with cannabis and the changes in the Cannabis Medicinal Products Act.

Sources:
– Current legal situation in Switzerland: Lino Cereghetti at the members’ meeting of IG Hemp
– EU approval of CBD products as “Novel Food”: ernährungs-umschau.de