Cannabis in Bangkok – a travelogue

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Travelogue: Cannabis in Bangkok (Thailand 2022)

In early December 2022, we took a vacation in Singapore. For various reasons, we decided to bring forward the first leg of our return flight via Bangkok (Thailand), thus spontaneously taking the opportunity to explore the Asian metropolis Bangkok with its more than 8 million inhabitants for a few days. Besides impressive temples, skyscrapers, huge markets and street food in almost every street, there is also more and more cannabis in Bangkok lately!

The difference in the handling of cannabis could not be greater between the two Southeast Asian countries: When entering Singapore, you are informed in red letters that any handling of drugs is strictly forbidden and drug smuggling is even punishable by death! In Bangkok, on the other hand, a lot of cannabis stores now dominate the cityscape. How did it come about and how do you experience Thailand’s young cannabis scene as a tourist? A travelogue.

Arrival and high-end dispensary “High Got You”.

Our flight landed in Bangkok in the late afternoon. After about 45 minutes of cab ride from the airport to the city, we arrived at our accommodation. In the cab we could already make out a few hemp stores as we drove by, but we didn’t just go to any one, we paid a visit to a store called “High Got You”. The store was located in the “hipster neighborhood” Ekkamai and, according to the website, also had vaporizers on sale. On the shelves were numerous elaborately designed bongs, and on the counter were flowers of the current offerings with magnifying glasses and labels. In terms of design, it looked like an Apple Store.

Shelves with bongs in the High Got You
Flowers with magnifying glass and label on the counter

The gram of flowers here cost about 700 baht, which is the equivalent of about 18 francs. This is almost twice as expensive as in the planned “Züri Can” pilot project.

Unfortunately, the High Got You only had one electric vaporizer in stock when we visited: the Yocan Vane, a cheap model that cost less than 2 grams of flower. In general, electric vaporizers are not (yet?) available on every corner in Bangkok. More popular there instead seems to be the Dynavap, a non-electric evaporator that you have to bring to the right temperature with fire or external induction heating coil.

Surprisingly, it is not so easy to find vaporizers in Thailand. This is because all types of vapes are basically banned in Thailand. The ban was probably enacted with nicotine vapes in mind, but now strictly speaking includes cannabis vaporizers as well. So where you still find vaporizers, they are illegal imports. This is also reflected in the higher price – with higher-quality devices in other stores.

Equipped with THC flowers and vaporizer, we went in search of a place to consume, because consumption is prohibited in public. This is also the case in some other countries with legal cannabis, and it continues to pose logistical challenges for tourists. In a rooftop bar within walking distance of the dispensary, we first fortified ourselves with a portion of fried rice and then asked the bartender if it was allowed to smoke pot on the terrace? The bartender advised against it and recommended consuming in the stairwell instead. He was probably worried that we would disturb other guests with smoke, but with the low vapor emissions of an electric vaporizer, that’s not a problem.

Unfortunately, the cheap vaporizer turned out to be barely usable. Sure, it already got hot, but hardly any steam came, which then also did not taste fine, showed little effect and left an unpleasant scratch in the throat.

Day 2: Small enthusiast store “Smilemacy”.

The next day, we therefore went straight to the next hemp store. This time I went to “Smilemacy”, a much smaller store, but they had high-quality vaporizers from Storz & Bickel in stock, which I confirmed for safety’s sake via a short message via Messenger app. In the store, the owner greeted us “Dear”. From the selection of products, the expertise and his whole manner, you quickly realized that here is an enthusiast in front of you.

Shelves in the “Smilemacy

The selection of flowers was small but nice: There was one CBD strain and at least one each of indica, hybrid and sativa.

Selection of different varieties of flowers

The “Super Silver Haze” (Dear’s recommendation) tasted fine and had a pleasant effect. The flower was quite compact and not overly covered with THC resin. A solid performance, but with room to improve (compared to the quality of cannabis in California, for example [USA]), especially for this price.

At the following membership meeting, it was remarked, “The bloom looks typical of the use of PGRs (Plant Growth Regulators)!”

“Super Silver Haze” flower in closeup

We asked Dear in which places it is allowed to smoke pot in Bangkok? He said, actually, anywhere smoking is allowed (a contradiction to our experience the night before). Outside his store would be okay in any case.

Consumption possibility: “Heaven Of Weed”.

To explore the area a bit, however, we instead walked further down the street and there, by chance, we stumbled upon a store called “Heaven Of Weed”. There you could not only buy THC flowers by the gram, but also sit down and consume them comfortably like in a café.

Most varieties there cost about 800 baht, the equivalent of about 21 francs. This is a little more expensive in comparison, but in the other stores you could not consume in the store in each case, but only outside. With the high temperatures in Bangkok (30 degrees in the cold season), you appreciate a well air-conditioned interior!

Unfortunately, there was not a single CBD strain at Heaven Of Weed. The salesman said that CBD flowers were also legal, but were a little less common in stores.

The store “Heaven of Weed

Below the store was a restaurant where you could order food and drinks, which were then delivered upstairs to the consumption room.

The vaporizer “Mighty

Legalization history

In the following days we made two tours: A bicycle tour on the man-made island “Bang Kachao” and a train tour to the “Damnoen Saduak Floating Market”. Both tour guides told the respective group on their own that cannabis was recently legalized in Thailand. One said that the development had surprised him: Cannabis had generally had a bad reputation among the population – it was considered worse than cocaine. He speculated that the low prices of homegrown cannabis ensured that cannabis became the drug of choice for poorer people. With the second tour guide, we asked why legalized. He replied that cannabis was actually legalized for medical purposes and then there was a loophole, which is now being used. He joked, “Thailand used to be known as ‘Land of the smile’, now we are becoming the ‘Land of the laugh’!”

When you dig deeper, you find that the tour guide’s narrative was not entirely accurate: this was not a loophole, but an intentional change.

With an election campaign that included cannabis legalization, Thailand’s Health Minister Anutin Charnvirakul was elected in 2019. Cannabis was legalized in Thailand in the same year, initially for medical use. Then, on June 9, 2022, cannabis flowers were removed from the list of narcotics, which also legalized consumption for pleasure. This is really only about flowers: Any extracts such as THC oils or THC hashish cannot be found, but remain illegal.

However, there is some truth in the term “loophole”, because what does not yet exist is an explicit legal regulation that lays down more precise provisions. Therefore, the current phase of the cannabis scene in Thailand should be seen more as a “Wild West” phase, which could change again in the coming months, if necessary, after the initial legislation.

Impressions during the trip

Well-known attractions in Bangkok are certainly the numerous markets. They are all impressive, the evening markets as well as the weekend markets, those on the street, but also those in the huge shopping malls. You can often see stalls there offering hemp products such as CBD oils for healing purposes.

CBD enriched oil poster
CBD enriched oil” poster

Not to be missed on a visit to Bangkok is a detour to “Khao San Road”, a busy street with high tourist traffic in the so-called “backpacker district”. There, we encountered various cannabis stands and bars in the bustling nightlife. Three employees stood in front of a cannabis store and tried to lure us in with the help of the menu. A few corners away we saw a couple of men strolling through the street with a bong in their hands.

Cannabis stand in the "Khao San Road
Cannabis stand in “Khao San Road

Conclusion

If Thailand appeals to you as a vacation destination, there is now another reason to visit. It’s an exciting time and I found it very interesting to see the burgeoning cannabis scene. But if you’re more interested in a cannabis vacation than Thailand, I’d recommend Amsterdam instead, which is much closer.

In comparison with Switzerland, the two approaches to legalization are very different: Thailand has simply legalized with a comparatively quick change. Opponents of legalization call it a rush job and even demand that the change be reversed. What the coming regulation will look like over the next months and years, and how successful the “legalization first, details later” model will be, will be interesting to watch.

The Swiss approach wants to avoid this problem at all costs: In years of pilot tests, enough knowledge is to be gathered first, in order to then start with a watertight model – but the fact that consumers will still get into legal problems will be tolerated for years to come…

→ More images (25 in total) can be found at https://hanflegal.ch/bangkok22bilder

The travel report in the original: https://hanflegal.ch/bangkok22

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.

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)

CBD during the vacations. What is allowed?

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What products can I take with me on vacation abroad? Anyone who uses CBD products in everyday life will sooner or later come across this question.

Since natural CBD products are derived from the hemp plant, which is criminalized in many places, there is a confusing jungle of laws in many countries. However, if the products do not have a significant THC content, then – especially due to the political changes of the last few years – quite a bit is allowed.
So if you don’t want to do without CBD or risk a conflict with foreign laws, you should take a look at the legal situation in your vacation destination before packing.

This article is intended to provide the necessary info on the legal situation in popular vacation countries. If the desired destination country does not appear in this article, we are sorry – unfortunately we cannot keep track of laws around the world. However, we are open to questions and you are also welcome to share your private research with us so we can add it to this post.

Disclaimer: We inform to the best of our knowledge and belief about the legal situation regarding consumption & possession of CBD products. This article reflects the legal situation as we know it in October 2022. We try to incorporate any changes into this article as quickly as possible, but we probably don’t get all the changes in the law abroad right away. Do some more research yourself to be on the safe side. We assume no liability for the statements made in this article.

CBD in the EU

The legal situation in Europe is, despite some basic EU-wide directives, relatively confusing. Basically, processed CBD products (e.g., hemp oil) with a THC content of no more than 0.2% are legal throughout the European Union. [1] Slovakia was the last EU country to remove CBD from the list of banned substances in 2020.
In Belgium, Denmark, Finland, Malta and Portugal, a doctor’s prescription is needed to stay on the safe side. In Belgium, however, quantities of up to 3 grams are decriminalized, while in Portugal the limit is 25 grams. [2]

Processed CBD products (e.g. hemp oil) with a THC content of 0.2% or less are legal throughout the European Union.

In the EU, in addition to countries with more restrictive legislation, there are also some countries (tending to be more and more) that are more tolerant. Further, the handling of unprocessed products such as hemp flowers or teas differs from country to country. Therefore, here is another detailed description of the situation in our neighboring countries.

Germany

Germany is pretty much toeing the EU line at the moment. Products are legal if they have a THC content of less than 0.2% and abuse for intoxication purposes is excluded. [3] According to the current interpretation of the laws, the abuse of flowers & teas for intoxicating purposes is not excluded. So flowers & teas are illegal unlike processed products like hemp oil and cosmetics. This position was confirmed in 2022 by a ruling of the Federal Court of Justice – so don’t take a flower to Germany. [4]

ProductLegal status
CBD Hemp OilLegal up to 0.2% THC
FlowersIllegal
Care products / cosmeticsLegal up to 0.2% THC
Hemp teaIllegal
Hemp seedLegal if not for cultivation purposes
Legal situation in Germany

Austria

In Austria, CBD products are allowed to contain up to 0.3% THC. [5] In contrast to Germany, flowers and teas are also legal if the THC level is met. CBD is sold in Austria only as an aroma product, as CBD products are neither sold nor advertised as medicinal or medical products, cosmetics, smoking products or food and dietary supplements. However, this restriction is hardly relevant for private vacation travel, as it is directed against the companies.

ProductLegal status
CBD Hemp OilLegal to <0.3% THC
FlowersLegal to <0.3% THC
Care products / cosmeticsLegal to <0.3% THC
Hemp teaLegal to <0.3% THC
Hemp seedLegal if not for cultivation purposes
Legal situation in Austria

France

For a long time, France had quite restrictive laws. However, since January 24, 2022 (provisional), or December 28, 2022 (definitive), pretty much everything is legal with regard to CBD, as long as the limit of 0.3% THC content is respected.[6] An important point for the vacations: Be careful when driving. Since the amendment has not yet been implemented in the Road Law, a zero tolerance limit (presumably) applies to driving.[7]

ProductLegal status
CBD Hemp OilLegal up to 0.3% THC
FlowersLegal up to 0.3% THC
Care products / cosmeticsLegal up to 0.3% THC
Hemp teaLegal up to 0.3% THC
Hemp seedLegal if not for cultivation purposes
Legal situation in France

Italy

In Italy, the EU limit value of max. 0.2% THC content. Until 2019, this value was as high as 0.6%, until the new government enacted new bans.[ 8] Since 2019, all products derived from the cannabis sativa plant are illegal – except those “without narcotic effect”. As it is still unclear exactly how this directive will be implemented, there is a legal gray area in Italy between the old 0.6% rule, the newer more comprehensive ban and the EU directive of 0.2%. However, there are currently no indications that THC-free products would pose a problem – EU hemp with a maximum of 0.2% THC can therefore be consumed quite carefree during the Italian vacations .

ProductLegal status
CBD Hemp OilLegal up to 0.2% THC
FlowersLegal up to 0.2% THC
Care products / cosmeticsLegal up to 0.2% THC
Hemp teaLegal up to 0.2% THC
Hemp seedLegal if not for cultivation purposes
Legal situation in Italy

Liechtenstein

Yes, Liechtenstein is not in the EU. As Switzerland’s neighbor, however, the small state has nevertheless earned a place on this list. In Liechtenstein, as in Switzerland, hemp with a THC content of more than 1% is considered an illegal narcotic. [9] There are no more precisely specified guidelines for CBD products. So we are in a legal gray area. Presumably, vacation travelers in Liechtenstein won’t get into trouble if they stick to the 1% rule, as they would in Switzerland.

Our products and the EU legislation

As there is a limit of 1% THC for CBD products in Switzerland, some of our products, especially the flowers, are not compatible with EU laws. In our store, the THC content is listed in the product information in each case.

Quite safe to take with you on vacation are our completely THC-free Broad-Spectrum hemp oils. However, caution is advised with the full-spectrum oils: only just the 6% oil with a THC content of 0.2% is suitable for vacations in the EU. Our care products also all contain less than 0.2% THC.
Tea & Syrup is made with EU-certified hemp varieties and is therefore harmless, provided that these product categories are permitted in the chosen resort. The edibles (chocolate, snack hemp, pesto, …) are all approved as normal food and are completely legal – they are not “Novel Food”.

CBD in other states

Thailand


The current situation in Thailand is quite confusing. Basically: Cultivation and possession of cannabis is legal, medical products and edibles with a THC content of maximum 0.2% are legal as well. Recreational use is more difficult: smoking cannabis in public spaces is not allowed. Since cannabis flowers are no longer considered narcotics until 09.06.2022, there is still a lot of ambiguity in the implementation. So, to avoid any unpleasant vacation surprises, it pays not to consume cannabis in public spaces. [8]

A good overview of the concrete situation on the ground can be found in the Legalize-It! travel report from Bangkok (December 2022).

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)

Legalize It!” association: legal advice for consumers

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The association “Legalize It!” has been campaigning for the legalization of THC for about 30 years. In order to achieve this goal, the association constantly monitors and evaluates developments in Swiss hemp policy. The results of this political work are shared on the website hanflegal.ch and in the magazine “Legalize It!”, which is published every 3 months. At least until a legalization of THC has been achieved, the association is also involved in the field of legal support. For example, “Legalize It!” offers a very comprehensive source of information on the legal situation and the possible consequences of criminal proceedings in the form of the brochure “Shit Happens.” “Shit Happens” will be updated regularly to stay current. This fall, the 14th edition of the legal aid brochure was published.

An example of the content of “Shit Happens” is the A3 poster “Overview of Repression”. This overview shows how the multiple paths through the institutions of law enforcement can proceed. Based on different triggers and depending on individual behavior, the usual processes are explained. In the shortest possible form, the legal situation and the recommended response are presented. It explains how to respond in the event of an allegation from the police, whether true or false. What things need to be said? How can it be ensured that no colleagues are dragged into the story? The “Overview of Repression” offers answers to questions of this kind.

As a member of the “Legalize It!” association, Herba di Berna will write in the future about the most important points regarding the legal situation. So read the blog posts and share them with your friends. If all this is too long for you, a look at the association’s resources is highly recommended. The brochures and overviews are freely available. Members receive the magazine and can attend organized member meetings every 1-2 months. Furthermore, “Legalize It!” also offers individual legal advice upon request, which can be optimally tailored to the personal situation. Shit happens – so be sure to get help!

Resources of the “Legalize It!” association:
– Website: https://hanflegal.ch
“Overview of repression
“Shit Happens
Legalize It!” magazine
Individual legal assistance

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

Postulate Minder for more legal certainty

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Following a meeting with IG Hemp, Council of States member Thomas Minder (no party affiliation, SVP parliamentary group) submitted a postulate in March calling for a report from the Federal Council outlining how various aspects of the hemp plant can be economically exploited. On the basis of these findings, it will be explained how they can be used in the context of modern regulation. Experiences from other states are also to be included. In May, the Federal Council rejected this thoroughly welcome thought-provoking idea.

The Federal Council recommends that the Minder postulate be rejected because the legislation is already in flux, for example in the area of pilot projects for the legal sale of cannabis and in the area of cannabis medicines. Thus, the aspect of contemporary regulation had already been dealt with sufficiently and the evaluation of the experiences of other states had also already taken place within this framework. Furthermore, the economic opportunities offered by the 1% rule are already relatively large, as long as no narcotics are involved. With the reference to the 1% rule, the Federal Council hides behind a series of special laws, which from the point of view of a CBD company are anything but satisfactory, as the needs of the customers can only be poorly covered. For example, CBD oils must be sold as chemicals, including all associated warning labels. However, this is done knowing that these oils are usually ingested.

So from our perspective, the current special legislation is completely inadequate. Therefore, we hope that the Council of States will accept the postulate of Councilor Minder, thus further stimulating the social discourse on the topic. Especially the economic perspective of a regulated cannabis market mentioned by Mr. Minder offers a lot of potential, as experiences from the USA and Canada show.

Update : On June 17, the Minder postulate was adopted by a clear majority (30:6) in the Council of States, despite the rejectionist stance of the Federal Council. We are curious to see what happens next and will keep you informed.

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Blogpost of IG Hemp
Postulate Minder on “Legal certainty in the production, trade and use of hemp/cannabis products”.

EU allows full-spectrum CBD for cosmetics

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In the European Union, natural full-spectrum CBD has also been approved as a cosmetic ingredient since the beginning of March 2021. Whereas previously only synthetic CBD was explicitly permitted, the formulation was extended to include herbal products as part of a revision of “CosIng”. The CosIng is a database of the EU, which contains cosmetic regulations for various legal and illegal substances, and defines their respective function. This change is clearly another step towards greater acceptance of the benefits and uses of natural CBD products.

Even though this CosIng database is not legally binding, it influences the individual EU states in their specific legislation. Such uniform regulations of the cannabis market are urgently needed, as the current differences between the various circulations in different states make free trade in CBD products almost impossible.

Overall, the concrete impact of this adjustment is probably not very strong. However, the recent revision of the guidelines is significant in that it follows the recent ruling by the European Court of Justice that CBD is not a narcotic. Hopefully, this is only a first step towards a coherently regulated market.

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Newsletter Pure Production
Blog Post IG Hemp

Federal Council approves cannabis pilot projects

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On March 31, 2021, it became clear that pilot cannabis dispensaries could be approved by the FOPH starting in mid-May. Following the National Council and the Council of States, the Federal Council also approved this amendment to the Narcotics Act, which is intended to provide new insights into health and consumption patterns in the context of legal offerings.

The thrust of this amendment is clearly going in the right direction. It is about time that Switzerland also gains experience with a legal sale of cannabis – but we should not forget to benefit from experience from abroad, for example Canada. We do not have to start all the attempts from the beginning again.

Participants in the pilot tests must be of legal age and must be proven to already be using cannabis. The amount purchased is paid by the consumer, whereby the price is higher with higher THC content and at least initially should still be significantly higher than the black market price. Resale of legally purchased goods is thus deliberately made unattractive. Furthermore, the monthly purchase amount is limited and a transfer of the legally acquired cannabis products is not allowed.

The cultivation of the products for the pilot projects is to be carried out according to the criteria of organic agriculture, thus ensuring the impeccable quality of the products. Even though the idea behind this concern is very much in line with ours, they will have to go over the books again on this point in the Federal Parliament. An indoor production facility does not even have the possibility to grow organic products according to today’s organic standards, as the use of artificial light is mandatory.

Furthermore, the personal data of the participants should also be well protected. In principle, no data are passed on to third parties and even anonymized data are only used for the evaluation of the projects by the participating research bodies and the FOPH. This is very important, as a possible stigmatization of the participants (for example, through the in the meantime proposed and later rejected obligation to report to schools and employers) would unnecessarily jeopardize the benefit and success of the trials. In our opinion, the above mentioned conditions of participation are sufficient to prevent possible negative effects of the project (damage to health or strengthening of the black market).

We are looking forward to further decisions from the federal government, which can bring forward working alternatives to the current prohibition policy, and will of course keep you informed.

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FAQ on pilot projects (Federal Office of Public Health FOPH)
Watson article dated 31.03.2021
Contribution of IG Hemp