Switzerland is continuing on its path towards cannabis legalisation by opening a public consultation on draft legislation, which would make it the latest in a growing list of countries to fully regulate the drug for recreational use.
The Social and Health Committee of the National Council submitted the draft Cannabis Products Act for consultation on 29th August, with interested parties having until 1st December to respond. If approved, the law could take effect by summer 2026.
Under the proposed legislation, adults would be permitted to grow up to three cannabis plants at home, purchase cannabis from state-licensed, not-for-profit retailers, and possess and consume the drug legally. Commercial cultivation and production would also be permitted under federal licensing.
Cannabis is currently illegal in Switzerland, although it has been decriminalised since 2012.
The public consultation will give residents and businesses a chance to respond to the proposed law. Once the consultation period is over, any revisions needed will be made, and there will be a further period of deliberation, potentially followed by a national referendum. If all goes as the Committee has planned, the law could be passed by the summer of 2026.
The country has been working towards a legal cannabis market since 2021. The country has been conducting a number of pilot schemes, which have allowed roughly 17,000 Swiss residents to purchase and consume cannabis legally.
The pilot schemes, commissioned by the National Council’s Social Security and Health Committee, have been designed to provide policymakers with data that will help them construct a legal framework that has an emphasis on public health and youth safety.
“Strictly regulated access to cannabis with a controlled market makes it easier to protect public health, strengthen youth protection and increase safety,” the committee said. “Consumers could thus be reached more effectively with prevention messages and guided towards less harmful forms of consumption. The population could be better protected from the negative effects of cannabis consumption and young people could be prevented from using it. The illegal market should be curbed.”
The new draft law includes provisions for members of the public aged over 18 to grow three female plants at home for their own consumption, similar to legislation in Germany and Czechia. The new law would allow adults to possess and consume cannabis, and to buy cannabis from state-operated, licensed retailers that will operate under a not-for-profit basis. However, licensed commercial cultivators and producers will be permitted to make profits.
The primary purpose of the new law is to prioritise public health. This is highlighted by elements such as a “zero-tolerance” policy in place for those caught driving while under the influence of cannabis, a total ban on advertising, and a policy that would require commercial operators to obtain licenses from the state, as opposed to locally.
Whilst broadly welcomed, the draft legislation faces some criticism. The committee has proposed a cap on the level of THC that a cannabis product for sale can contain, with some reports stating that this could be as low as 20%. Concerns have also been raised that there will be just one license issued for the sale of cannabis online, potentially leading to a monopoly.
