SHARE
COPY LINK
For members

CANNABIS

UPDATE: What are Switzerland’s rules for cannabis consumption?

Switzerland has a complicated set of rules for both medical and recreational cannabis consumption. Here's what you need to know.

Cannabis use will be legal for medical purposes in Switzerland. (Photo by JOEL SAGET/AFP)
Cannabis use will be legal for medical purposes in Switzerland. (Photo by JOEL SAGET/AFP)

Long prohibited and seen as a gateway drug with potentially dangerous impacts, countries across the globe have begun legalising cannabis in recent years. 

While the legalisation for medical use has been widespread, there have also been successful legalisation campaigns in several countries. 

The situation in Switzerland is also in flux and has been complicated by a range of recent changes.

Whether referred to as cannabis, marijuana or hemp, Switzerland’s Narcotics Act qualifies it as “a psychoactive substance”, with tetrahydrocannabinol (THC) being its most intoxicating ingredient.

The law specifies that “only THC is controlled under the Narcotics Act. Other active substances like cannabidiol (CBD) are not subject to the Narcotics Act as they do not have comparable psychoactive effects”.

Here’s what you need to know. 

Switzerland has legalised medical marijuana 

As of August 1st, the use of cannabis for medical purposes will be allowed in Switzerland

Patients who are medically prescribed the drug will no longer need to seek exceptional permission from the health ministry, as was the case prior to August 1st. 

Demand for cannabis-based treatments has risen sharply, with the health ministry issuing 3,000 exceptional authorisations in 2019.

The government “intends to facilitate access to cannabis for medical use for patients” and was therefore lifting the ban on its use for that purpose, it said in a statement.

The previous procedure involved “tedious administrative procedures”, said the ministry. “Sick people must be able to access these medicines without excessive bureaucracy.”

As of August 1st, “the decision as to whether a cannabis medicinal product is to be used therapeutically will be made by the doctor together with the patient” the government wrote

The sale and consumption of cannabis for non-medical purposes will remain prohibited.

READ MORE: Switzerland to lift ban on medical use cannabis

The new regulations could benefit thousands of people suffering from severe chronic pain, it added, including those with cancer and multiple sclerosis.

READ ALSO: Why Basel is about to become Switzerland’s marijuana capital

The law change will also mean that the cultivation, processing, manufacture and trade of cannabis for medical use will be subject to the Swissmedic regulatory authority, just as with other narcotics for medical use such as cocaine, methadone and morphine.

Legality of recreational cannabis is determined by the THC

THC of at least 1 percent is generally prohibited in Switzerland and use of products with this (or higher) content may be punishable by a 100-franc fine.

Of course, if someone is determined to smoke it, 100 francs may not be much a deterrent — but that’s a subject for another article.

“By contrast, possession of up to 10g of cannabis for personal use is not considered a criminal offence”, the law states, as long as it is not used by or sold to minors.

Italy's constitutional court has blocked the latest efforts to legalise cannabis.

Photo by Miguel MEDINA / AFP.

And, as with nearly everything else in decentralised Switzerland, “there are still considerable differences between cantons regarding implementation of the fixed penalty procedure”.

However, “cannabis flowers intended for smoking with a high proportion of cannabidiol (CBD) and less than 1 percent THC can be sold and purchased legally”, according to the legislation. 

That’s because, unlike the THC, cannabidiol “does not have a psychoactive effect”.

In other words, low-content THC and CBD will not give the “high” that recreational users seek.

When will Switzerland legalise recreational cannabis?

Currently, small amounts of recreational cannabis are tolerated in Switzerland.

“The decisive factor for classification as a banned drug is how much THC is contained in a cannabis product. If the THC content exceeds one per cent, the product is prohibited. Hashish is prohibited regardless of its THC content.”

As noted by the Swiss government, “If you are caught in possession of a small amount of cannabis (no more than 10 grams) for your own consumption, you will not be fined. In addition, if you supply (but do not sell) up to 10 grams to an adult, e.g. when sharing joints, you will not be fined.”

“If you are caught using cannabis, you may be given a fixed penalty fine of 100 francs.”

In June 2020, the National Council approved a plan to start cannabis trials for recreational use.

The experiments are to be carried out in Switzerland’s larger cities. Basel, Bern, Biel, Geneva and Zurich have all expressed interest in conducting the trials. 

The study seeks to find out how the market for cannabis works – and how to combat the black market. The social effects of legalisation will also be examined. 

At this point, no decisions have been made. However, Swiss authorities have set certain conditions in case recreational use is approved.

The National Council said if cannabis were to be legalised, it must be locally grown in Switzerland – and it must be organic. 

Health Minister Alain Berset noted that legalisation should benefit Swiss farmers even though “very few producers have experience in this area”.

READ MORE: Switzerland backs recreational cannabis trials – with one condition

Can you grow your own cannabis?

In truth, a number of people cultivate marijuana plants on their balconies or in their (secluded) gardens for their own personal use.

As it turns out, the law allows it, as long as it is a variety of the plant that does not have a narcotic effect — that is, the THC content must be less than 1 percent. 

By the same token, cannabis-based products with THC content of below 1 percent can be brought into Switzerland from abroad.

However, the import rules differ depending on the type of product  it is — flowers, seeds, extracts, oils, or other goods.

How much cannabis is consumed in Switzerland each year?

Precise numbers are hard to come by, but according to an article in Le Temps, which based its information on a medical study, about 100 tonnes are consumed in the country annually.

Cannabis remains the largest market in terms of volume: it represents 85 percent of drugs consumed in Switzerland, netting between 340, 000 and 500,000 francs per year.

READ MORE: Drugs and alcohol: Just how much do the Swiss consume?

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.
For members

HEALTH

Can foreigners be treated in Swiss hospitals?

With the recent news that an increasing number of Germans are seeking medical treatment in Swiss hospitals, you may be wondering whether, and under what conditions, foreign nationals have the right to access Switzerland’s healthcare system.

Can foreigners be treated in Swiss hospitals?

With a number of hospitals in Germany being closed, an increasing number of people from that country are seeking medical treatment in Swiss health facilities.

This phenomenon is especially visible in hospitals located in border cantons like Basel, Aargau and Schaffhausen, where thousands of patients from Germany are being treated for a variety of health problems.

The highest numbers are recorded in maternity wards; in some Swiss clinics, for instance, 40 percent of women giving birth come from Germany.

A question that may come up right now is: are foreign nationals  allowed to seek medical treatment in Switzerland and if so, under what conditions?

That depends on several factors:

Residents

If you are a foreigner who lives in Switzerland with a B, L, or C permit, you are obligated to purchase a Swiss health insurance policy which covers you for medical treatment and prescribed medication in your canton of residence.

You can get an exemption from taking on Swiss health insurance if:

  • You are retired and get a pension exclusively in an EU or EFTA state
  • You are a cross-border worker with healthcare policy in a EU or EFTA state
  • You are a foreign student and have comparable insurance from your country
  • You work for international organisations or are a diplomat

Tourists

If you hail from the EU or EFTA states (Norway, Iceland, or Liechtenstein), your European Health Insurance Card (EHIC) will cover you, free of charge, for medical emergencies — just as a Swiss tourist would be within the European Union / EFTA. This also applies to non-EU citizens who are resident in EU countries and are registered in the local healthcare system.

Keep in mind though that Switzerland has very specific rules about what constitutes a true medical emergency, as explained here: What are Switzerland’s guidelines for health emergencies?

The EHIC will also cover you if you need to seek treatment in Switzerland for medical conditions that require immediate attention but are not life-threatening — for instance, if you come down with an illness which requires a prescription for medications that can’t be postponed until your return to your country.

It will not cover the cost of repatriation back to your home country.

Visitors to Switzerland are advised to take out travel insurance that will cover the costs which EHIC will not.

What if you are a tourist from a third country who needs medical help while visiting Switzerland?

In this case, you will have to pay for the treatment you receive right away with your credit card, and then seek reimbursement either from your health insurance in your country or from your personal health or travel insurance.

Alternatively, you can purchase a ‘visitor’ plan from a number of Swiss insurance companies that will cover you for the duration of your stay. But here too you will have to pay for your treatment right away and then file a claim with the insurance carrier, including documents, such as the medical report and proof of payment. 

What about non-emergency treatment?

This brings us to the aforementioned German patients who come to be treated in Swiss hospitals.

In non-urgent situations, such as elective surgeries or giving birth for instance,  the EHIC is not sufficient.

To receive treatment in a Swiss hospital, foreign nationals must either have a Swiss health insurance or have supplementary coverage that would cover them for treatment abroad.

Without this supplementary coverage, European patients should ask health providers in their countries whether treatment in Switzerland would be covered.

SHOW COMMENTS