Prohibition Partners (UK) report
The Swiss parliament passed regulations in September 2020 which allow for the initiation of pilot schemes wherein adult-use cannabis can be legally produced, imported and distributed to registered users. The FOPH released a draft of the regulation today, the 31st of March, divulging further details on the schemes.
Along with the trial schemes for adult-use supply in The Netherlands, Switzerland will be the first region in Europe to allow for a fully legalised adult-use cannabis supply chain. As explained in the recently released European Report, it is possible several other countries on the continent will soon legalise adult-use cannabis at least on a trial basis.
Below we spell out some of the major points of the new regulations, which will be finalised upon publishing in the Federal Gazette.
Regulation of Pilot Schemes:
Pilot schemes are set up with the express purpose of acquiring scientific knowledge such as the socio-economic effects of legalisation. They can be instigated by public or private entities, with the participation of a research institute as well as cantonal and local authorities and the approval of the FOPH
- Pilot schemes are limited to one municipality each and can last up to 5 years with the possibility of being extended for a further 2 years.
- Initiators of pilot schemes should monitor the health of participants with the appointment of a responsible doctor.
- Individual pilot schemes can provide cannabis to a maximum of 5,000 registered participants.
- Intended points of sale must be pre-approved by the FOPH.
Regulation on Participants:
- Users must be able to prove they already consume cannabis, prior to entering the pilot scheme.
- Users must be domiciled in the Canton where the specific pilot scheme is in operation.
- Users will need to be in possession of a certificate of participation in the scheme to be able to possess adult-use cannabis.
Regulations on Cultivation:
- Products must be organically grown, with the definition for “organic” being set out in Swiss Law.
- Products must be grown in Switzerland insofar as is possible.
- Products must be grown in accordance with Good Agricultural Practices set out by the European Medicines Agency.
- Exceptions to the above may be made if the demand cannot be met by products produced under these conditions.
Regulations on Products:
- The THC content should not exceed 20%.
- Products should not contain more than 10 mg of THC per unit of consumption.
- The cannabinoid contents must not deviate from the reported values by more than 25% for raw flower or 15% for processed products.
- Unprocessed products (flower), extracts and isolates as well as ingestible products can be permitted in pilot schemes.
Regulation on Packaging:
- Products intended for ingestion must be in child-proof packaging
- Packaging must be plain, with safety warnings and information on cannabinoid content
- Packaging must refer to the Pilot Scheme under which the product is distributed
A PDF of the original draft ordinance can be found here.
entwurf_betm-pv-d