Cannabis Products Act: Consultation – and then?

We support this draft law, even if we would like to see a more liberal regulation. We are moving away from a total ban, which would require several stages. If this law were to come into force, we would at least be a big step further!

Despite various oddities, this is an important, good law that would massively improve the situation of consumers compared to today. That's why we are campaigning for it, even if we don't think everything is great. After all, the fact that consumption and preparatory acts should finally become legal is our minimum goal - and this will be achieved with the draft law. That's why we have to fight to get it through!

The purpose is very much reduced to health, the black market is not mentioned. Yet it is precisely the products on the black market that are dangerous, especially since cannabinoid mimetics have been sprayed on. But heavy metals and faecal bacteria are also frequently found in black market material. That is why it is important for us to curb the black market as much as possible. However, this requires competitive prices in the legal market. The prices for legal products can certainly be CHF 2 per gram higher than on the black market: most consumers are happy to pay a little more for tested, clean goods from legal sources. But prices of CHF 15 or CHF 25 per gram are simply in keeping with the black market.

Sales outlets also need to develop a realistic approach to consumers. If they spend all their time conducting lengthy counseling sessions or reporting many to addiction centers, only a few will go there. It is currently unclear what the specific regime will look like. It depends on the regulations (i.e. the FOPH and the Federal Council), but also on the approach of the cantons: which sales outlets with which concepts will receive a license? It could all turn out well, but it could also be absurd.

It is also unfortunate that cannabis continues to be defined with cocaine and heroin in NarcA. We find that inappropriate. It is good that cannabis seeds and cuttings (as long as they contain less than 1% THC) are no longer considered narcotics, which makes it much easier to handle them, even if there are packaging regulations.

But once again: despite many unpleasant points – the CanPG would be a big step forward! It would certainly take many more years of pressure to ensure that the ordinances are sensibly designed and that the cantons establish a realistic licensing system. But if something comes out of a decades-long total ban, the development of a new legal approach will also take several years. The CanPG does not solve all this automatically and immediately, it is part of a longer-term social development. But if consumption becomes free, consumers will be in a much better position to campaign for their cause because it will no longer be illegal. Nevertheless, they will still have to campaign for a long time!

Some want/wanted to reduce cannabis consumption through prohibition, others want to reduce it through (high) incentive taxes. A positive view of THC consumption is still missing from the official side. This is not to say that there are no problems at all. But the majority of consumption is problem-free. That could also be said. Also from the official side.

It's not that far yet, as the CanPG is only a draft – there are still many hurdles to overcome. The evaluation of the consultation responses is currently underway, and then the SGK-N (as the commissioning body) will have to take a look at them. If it sticks to the deal, the Federal Council (which has so far been left out; the bill comes from Parliament, not the administration) will have to comment on it. Then the parliamentary process begins (committees, National Council and Council of States). The Councils must first decide to accept the bill, but the motions to reject it are already known. In 2004, the National Council declined for the second time to discuss the bill at that time – the matter was settled and eight years of work were for nothing.

Even if it is approved, all provisions can still be amended, tightened or deleted. What will remain after the political process remains to be seen. This depends above all on how many people will campaign for these changes and put pressure on politicians so that the CanPG is passed in a workable form. If the draft survives the parliamentary process, opponents will call for a referendum, meaning that a popular vote will be necessary at the end.

It is therefore a multi-year process in which a lot can still go wrong. Nothing has been finalized yet. But there is certainly a chance that something will emerge from this process that represents an improvement on today.

You can find the links to the original documents, our assessment and statement for the consultation and information on further developments here:

• hanflegal.ch/canpg