Repression graphs: Hemp-prosecution 2009 to 2016

Eight years of Swiss hemp repression are now available in the new counting method. Nowadays, the police punish one third of the contraventions with fixed penalties. But the reprimands still make up the majority. The prosecution of hemp products and hemp consumers continues unchecked. More than 45'000 people are prosecuted for hemp consumption, in addition there are about 7'000 proceedings for passing on - every year.

The fixed penalties (OB) introduced since October 2013 have thus become established, as we have seen on the two graphs above. The Parliament had anchored them in the Narcotics Law (NarcA), in the articles 28b to 28l.

Soon, these provisions will be repealed and transferred to the completely revised Fixed Penalties Act (OBG) and the associated Fixed Penalties Ordinance (OBV). Parliament passed the OBG in March 2016. It combines OB provisions from 17 different laws (primarily the Road Traffic Act). The Narcotics Act is listed under item 10. The OBG states that the cantons must continue to determine the authorities that may issue OB. In general, the minimum age for an OB is 15 years, for NarcA it is set at 18 years. Anyone younger than this who comes to the attention of the police will always be reported to the police. The OBG also specifies how OBs are issued and what the forms should look like, as well as the fact that accused persons can choose the ordinary procedure. In principle, only contraventions may be punished with fixed penalties. However, the specific illegal acts that can be punished with an OB are no longer listed in the law, but in the federal OBV.

In April 2017, the draft of the OBV of the Federal Council was sent for consultation. Chapter X, Narcotics Act, now defines, as the first and so far only item for this law, the new version of hemp-fixed penalties: “Unauthorized, intentional consumption of narcotics of the effect type cannabis (Art. 19a item 1 NarcA)”. The fine amount for this is 100 francs. The consultation process will continue until mid-August 2017. If no further major changes are made, the Federal Council intends to bring the totally revised OBG into force together with the new OBV on 1 January 2018.

Will this delay lead to a uniform handling throughout Switzerland? It remains doubtful. The cantonal application varies enormously, and there are also differences depending on the official and the situation.