Regulations are quickly changed

That's how fast it can happen: Ordinances can be amended by the Federal Council in a very short time - without parliament, without the possibility of a referendum. This must be borne in mind if the opportunity principle is to apply in the future and the necessary conditions are laid down in an ordinance. Ordinances can be changed very quickly… Ordinances can be changed very quickly. This is shown by the following examples. At the beginning of 1999, hemp was included in the Catalogue of Varieties Ordinance. This meant that plant propagation material (seeds, cuttings, plants) may not be marketed if the corresponding varieties are not listed in the hemp variety catalog. However, only extremely low THC varieties are listed there. This regulation was changed in a night-and-fog action by the Bundesrat - the public got this step only with some delay.

Limited effect

The amendment had the clear aim of preventing the distribution of hemp. However, this amendment only affected the marketing of hemp for agricultural purposes. The sale of ornamental plants was not prohibited by this amendment, only the sale of plant propagation material to farmers became illegal. So business with ornamental hemp plants continued (unless the authorities could prove that the “ornamental” hemp was in fact intended for narcotic production - and such proof is of course very difficult to provide).

Draabliibe günnt

Nevertheless, the hemp opponents had now achieved a step and just kept at it. While everyone is talking about the upcoming decriminalization, the hemp opponents are quietly going their way and further consolidating the ban against hemp. And they are also effectively heard in the Bundesrat.

Extended scope

And so, once again, a regulation has now been amended: The Ordinance on the Production and Marketing of Plant Propagating Material, which is the basis for the variety catalogs, was amended as of June 1, 2002. Once again, the Federal Council has amended this ordinance alone, and in doing so has extended the scope of application beyond agriculture: now, not only the marketing for use in agriculture, but also the marketing as an ornamental plant is prohibited. Thus, the investigating authorities now no longer necessarily have to prove that the sale of hemp ornamental plants is intended for narcotic production in order to designate them as illegal. Now, in general, the whole sale (and by the way also giving away, giving away etc.) of hemp plants is forbidden, if it concerns varieties which are not listed in the variety catalog.

One step back

Once again a victory of the hemp opponents. Many of us believe that everything is actually coming along just fine, the way things are going now. But in reality the hemp opponents score the points: Raids and raids, the Federal Court strengthens the repression against hemp, even the agricultural law and its regulations are used for hemp prosecution (because the narcotics law is not enough…). Even if fines for violations of the Agriculture Act / Seed Ordinance are certainly less severe than penalties for misdemeanor against the Narcotics Act, it is still a piece of the mosaic in the fight of hemp opponents.

The exact wording and the chronology of the discussed ordinance can be found at under the Systematic Collection of Laws: SR 916.151.

Last modified: 2024/03/27 08:56

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Legal overview

Shit happens 15 (Summer 2023)

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