We bring clarity into the confusion

Various political processes are underway, overlapping and confusing each other. Therefore, here is an overview of the content and timing. There are three basic areas to keep an eye on over time.

Below is an overview of the two ongoing (green and red) and the one temporarily failed (black) political deals of Swiss drug policy (above the contents, below the chronological sequence). We have had a stalemate for years: The Council of States is in favor of decriminalizing THC use, while the National Council bucks and repeatedly refuses to even discuss such a project. Ultimately, however, a double majority is needed to change the existing law. And that is currently not in sight. After the commission of the National Council voted for the second time (with 10 to 8 votes) against a consumption decriminalization (counter-proposal to the hemp initiative) in mid-February 2008, the proposal of the commission of the Council of States has now failed - this commission does not want to work on it either. This leaves as a possible innovation for the next few years only the fixed penalty model, as it has known St. Gallen for years: The consumers are punished in petty cases (maximum five grams) slightly lower (fine of 50 francs instead of a fine of 150 francs upwards). This approach is also cheaper for the state (much less paperwork, fast processing). Perhaps other cantons will follow this model?

- Anchoring of the 4-pillar policy (prevention, therapy, harm reduction, repression)

- Legalize cannabis as a medicine (the exact conditions for this are still unclear), but THC use remains fundamentally punishable by law

- Definite legalization of heroin prescription (beyond 2009)

- Replace the term “hemp herb for narcotic production” by cannabis products (simplification of hemp plant-prosecution)

- Commission of the National Council launches commission initiative 02/05

- Commission of the Council of States gives green light 05/05

- National Council adopts commission initiative with amendments 12/06

- Commission of the Council of States approves the project 10/07

- Council of States also approves 12/07

- Revision of differences NR 05.03.08

- Revision of differences SR open

- Final vote open (This makes the text of the law definitive.)

- Referendum is likely

- Referendum open

- Entry into force open

- THC use, as well as all acts necessary for it (purchase, cultivation, possession) are immediately exempt from punishment

- For the trade with THC products the federation is to issue regulations (here it needs thus execution laws; the leeway of the authorities is thereby very large)

- The protection of minors must be respected

- No advertising for THC products

- No advertising for THC consumption

- Initiative submitted 01/06

- Federal Council rejects initiative; no counterproposal 12/06

- Commission of the National Council rejects initiative; no counter-proposal is prepared 02/07

- National Council rejects 12/07

- Commission of the Council of States also rejects initiative 01/08

- Council of States discusses 11/03/08

- Final vote open

- Referendum on the initiative (approx. end 08 to beginning 09) open

- Initiative will be rejected, but with what proportion of votes? Depending on this, even more repression will follow…

- THC consumption, as well as all acts necessary for it (cultivation, possession, acquisition) will be exempt from punishment; possibly consumption in public remains punishable

- Passing on remains forbidden

- Sale remains prohibited

(As an alternative it is conceivable that the consumption remains punishable, but the penalty is reduced. fines in the amount of 50 francs (analogous to parking fines) would then be the way. The CVP can also imagine such a regime. Possibly other cantons will introduce this regime independently).

- Initiative submitted 01/06

- Federal Council rejects initiative, no counterproposal 12/06

- Commission of the National Council rejects initiative; no counter-proposal is prepared 02/07

- National Council rejects 12/07

- Commission of the Council of States proposes counter-proposal 01/08

- Commission of the National Council says no to counter-proposal 02/08

- Commission of the Council of States discusses the No of the Commission of the National Council and gives up 02/08

This means that this project has failed. The fixed penalty model remains open.