Legalization: regulatory options

Introduction

Sven has drawn up a list of the central points that must be clarified in the event of legalization. Next to it is a table with the possible ranges in which these individual points can be regulated. I have presented these in three levels: liberal, restricted and restrictive regulation.

As a first step, this legalization grid does not contain any ratings. The point here is not to list my favorite variant. It shows which possibilities of regulation I have encountered so far.

Ultimately, the goal is to distill this into a legalization variant that can command a majority in Switzerland. But this still needs many steps, especially representative surveys like the one conducted by Sotomo. The final point would be when concrete paragraphs for the constitution, the hemp law and the hemp ordinances could be worked out.

Legalize and regulate

Legal means that something is not fundamentally prohibited, but that there are legal ways of dealing with it. This fundamental legality is made more liberal or more restrictive by specific regulations.

In a concrete legalization variant, points from the liberal column can be combined with points from the restricted or restrictive column.

The first part is about consumption and the preparatory acts for it: Who may legally buy, possess, produce for themselves and consume what, how much, where, when, how, and for what purpose?

The second part is about production and sale: who can legally produce and sell what, how much, where, when, how, and for what purpose?

“CSC” means Cannabis Social Club.

I have omitted the following special topics: THC while driving, THC and driver's license, THC at work, THC in medical use. I also left out dealing with the international drug conventions. These points are important. But when it comes to driving, I think there needs to be a basic legalization first before we can even talk about adjusting the current regulations. Pharmaceuticals are generally regulated differently, and there is already a concrete revision of the law that is to come into force in the summer of 2022. The handling of the international conventions must be clarified; this seems to me to be very important, but it is beyond our possibilities at the moment (the question would be: cancel, make “subsequent reservations” or ignore?).

Consumption and preparatory acts

Who may legally buy, own, produce for themselves and consume what, how much, where, when, how, and for what purpose?

Liberal regulations Limited regulations Restrictive regulations
Who Age All From 16 years (at most only THC values < 10%) Adults
Who Residence status All (incl. tourists, short-stay residents) Permanent resident population Exclusion of people on welfare, tax debt.
Who Patronized No matter No sale / transfer to persons under guardianship
Who Registration None Member of a CSC, information and control there (purchase only possible in a CSC, if necessary in a CSC association) “Course card consumption”: reference only with passed course, reference card (with quantity control, centrally monitored or on card, for one reference location or all reference locations).
Who Lock status None In case of repeated violations, a member may be expelled from the CSC Organization or office (KESB, cantonal doctor, court) can block someone for defined problems (passing on to minors, for example).
You can also block yourself (as with gambling / casino).
May legal CH Hemp law Consumption and preparatory acts are free Only those who are members of a CSC may buy and consume Only those who have attended and passed a course may consume and take the actions necessary to do so
May legal CH Hemp regulations No rules Rules for membership in a CSC Rules for courses and closures
May legal Cantonal regulations None Cantons can restrict places of consumption Cantonal permit requirement for places of consumption
May legal Community regulations None Municipalities can restrict places of consumption Municipal permit requirement for places of consumption
what Material Extracts, hash (resin) and weed (flowers) weed (flowers), no concentration State products
what Production type Indoor, greenhouse and outdoor Greenhouse and outdoor Outdoor
what Max. THC content None 20 % THC 10 % THC
what Edible / Drinkable Anything possible Max. 0.1 g THC per unit (equivalent to 1 g hash/weed with 10% THC or 0.5 g with 20% THC) Max. 0.01 g THC per unit in special child-resistant packaging (equivalent to 0.1 g hash/weed with 10% THC or 0.05 g with 20%)
how much Amount THC / purchase Self defined own use Per purchase 1 gram THC / per month 5 g THC, control via card or CSC (equivalent to 5-10 g weed/hash per purchase / 25-50 g per month).
how much Amount THC at home Self defined own use 60 g THC (equivalent to 300-600 g weed/hash) 5 g THC (equivalent to 25-50 g weed/hash)
how much Amount THC / homegrown Self defined own use 60 g THC (equivalent to 300-600 g weed/hash) or 10-20 female plants per year. Forbidden
where Buy No restriction (kiosk, Coop, Denner, delivery services, can also be ordered online) In person at specialty stores or a CSC, no online purchasing. State dispensary (possibly pharmacies with authorization)
where Consume Everywhere (except smoke-free zones like schools, public transport) Only in special consumer places or in private Only in private
when Opening hours Like other stores / delivery services Restricted to during the week (not on weekends, not in the evening)
like Control Official ID (age) Membership in CSC (and control there) Valid reference card without quantity overrun
WHEREAS Own consumption … and passing on to other adults for their own consumption Exclusively for yourself

Commercial production and sale

Who may legally produce and sell what, how much, where, when, how, for what purpose for others?

Liberal regulations Limited regulations Restrictive regulations
Who Age None Adults (underage apprentices allowed) Adults only
Who Licensing None “Course license trade”: production / sale only with passed course
or responsible person in a CSC (with training)
Only in a state agency (or pharmacy with a permit).
may legal CH Constitution Taxation of retail sales at 25-50 %.
(Production and distribution costs per g incl. VAT, without levy: approx. 1 CHF. With 50 % levies, this would result in a price of CHF 2 per g).
Taxation of the retail trade turnover with 50-90 %.
(Production and distribution costs per g incl. VAT, without tax: approx. 1 CHF. If the approx. 10 francs per g of today are to be maintained, 90 % levies are required).
Completely state
may legal CH Hemp law Definition of principles, otherwise free market State monopoly with licensing State production and distribution
may legal CH Hemp regulations Principles for the self-regulation of the industry Detailed regulations for all trade steps State company
may legal Cantonal regulations None Cantons can restrict locations for points of sale Cantonal permit requirement for points of sale
may legal Community regulations None Municipalities can restrict locations for points of sale Municipal permit requirement for points of sale
what Material Extracts, hash (resin) and weed (flowers) weed (flowers), no concentration State products
what Production type Indoor, greenhouse and outdoor Greenhouse and outdoor Outdoor
what Max. THC content None 20 % THC 10 % THC
what Edible / Drinkable Anything possible Max. 0.1 g THC per unit 0.01 g THC per unit in special child-resistant packaging
what Packing With brand name, advertising possible With brand name, advertising prohibited Neutral (white box)
what Packaging info No regulations % THC, quantity, price Info on % THC, % CBD, producer, production type, quantity, warnings, advice centers, price.
how much Quantity THC / Sale No regulations Own use, self defined Per sale 1 g THC / per month 5 g THC per customer, control via card or CSC
how much Quantity THC in stock No regulations As needed Exact recording of inputs and outputs, maximum THC quantity, special fuses
where Points of sale No restriction (kiosk, Coop, Denner, delivery services, can also be ordered online) In person at licensed specialty stores or a CSC, no online sales. State dispensary (or pharmacy with authorization)
when Opening hours Like other stores / delivery services Restricted to during the week (not on weekends, not in the evening)
who Age To over 16s To adults
like Control Official ID (age) Membership in CSC (and control there) Valid reference card without quantity overrun
for what Own consumption … and passing on to other adults for their own consumption Exclusively for customer himself

Feedback

On the one hand, you can go through this list and ask yourself which regulations you think are desirable. On the other hand, you can ask yourself which variants could be acceptable to the majority. Because in the end, you need a majority: in parliament, among the cantons, among the voters. I am very interested in your feedback!

Feedback 1

Four things would be important to me:

1) Alcohol, tobacco, medicines, cannabis, sugar and other drugs should be

  • may not be advertised.
  • must be sold in separate stores.
  • be provided with a high tax rate.

2) As for all products, I would find it great if national legislation would set meaningful rules such as organic production only, but of course this is illusory.

3) For cannabis, I would also find a maximum THC content important. Unfortunately, I can't judge where this should be.

4) Indoor should be prohibited for ecological reasons. Please make this also popular in the LI!

Otherwise, I agree with the liberal variant.

en/thc_recht/legalisierung/moeglichkeiten.txt · Last modified: 2022/03/28 14:12 by sos
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