Revision of the Swiss Federal Law on Narcotic Drugs and Psychotropic Substances, from 1951

Berne, January 2002

Diane Steber Büchli, lic. iur., LL.M.

In March 2001 the seven members of the Federal Government decided to submit a proposal for revising the Swiss federal law on narcotic drugs and psychotropic substances from 1951 to Parliament. This proposal is the result of a broad consultation amongst cantons, political parties and special interest groups in the fields of economy, health, social welfare, law enforcement and others.  

The Commission for Social Security and Health (CSSH) of the Council of States (the Senate) discussed the proposal last fall and handed it over, slightly modified, to the Council of States that completed its deliberations in December last year by accepting the proposal of the Government. The CSSH of the National Council is expected to discuss the proposal in June or August this year, the National Council will probably decided in fall 2002. The Parliamentary debate upon the revision is expected to extend at least until late fall this year, since the two houses of Parliament will have to reach consensus after having considered the project individually.  

Should 50'000 voters in Switzerland not approve of the final decision of the Parliament, they can ask for a national referendum, which would be voted upon towards the end of 2003 or in the first half of 2004.  

The revision of law proposed by the Government confirms the general orientation of Swiss drug policy with its main objectives:

·  reduce the number of new drug users and addicts,

· increase the number of individuals who succeed in overcoming drug dependence,

· reduce the damage to the health of drug addicts and their marginalisation in society,

· protect society from the negative effects of the drug problem and

· combat drug related crime. 

In order to achieve these objectives the national strategy which consists of a fourfold approach, that has been developed and successfully implemented over the last ten years, is outlined in the revised law. In particular the four key elements of the national strategy – prevention, therapy, harm reduction and law enforcement – are explicitly mentioned. Moreover, heroin assisted treatment is formally included as part of the therapeutic measures available, special provisions to protect young people from drug dependence are introduced and the coordinating role of the federal administration is confirmed.  

All these changes will extend the overall scope of the law: in addition to the objectives of drug control and combat of drug related crime, clear emphasis will be put on public health aspects.  

A partly new orientation is proposed for addressing the various issues concerning cannabis. Personal use of cannabis and its most closely related preparatory acts are no longer criminal offences. Cultivation, production, manufacture and trade of cannabis will remain prohibited. However, in accordance with Article 3, Paragraph 6 of the 1988 UN Convention against illicit traffic in narcotic drugs and psychotropic substances the revised Swiss law on narcotics will enable the Federal Council to define clear priorities for the prosecution of drug offences (discretionary prosecution). The legislator restricts discretionary prosecution to the cannabis-related offences mentioned above. The law furthermore stipulates the kind of prerequisites it deems necessary in order to abstain from prosecution.  

Concretely this could mean that trade with cannabis products would be tolerated if those were not sold to people younger than 18 years, if no advertising took place, if public order was not disturbed and if not more than 5 gr. of cannabis were sold at a time. Cultivation would be tolerated if intended for the local market only.  

Switzerland will undertake all the necessary steps to avoid negative consequences for neighboring countries, it will especially fight exportation of Swiss cannabis and drug tourism. Particular efforts are made in order to inform about the changes that will take place in Switzerland and to ensure close cooperation with the border regions of our neighboring countries.