Plants in Switzerland: Plants Legal Status Guide
- 1. Use and possession rules
- 1. a. Plants light
- 1. b. Driving under the influence
- 2. Possession of large amounts and sale
- 3. Plants cultivation
- 3. a. Plants seeds in switzerland
- 4. Medical plants
- 4. a. Is extract legal in switzerland?
- 5. Attempts at legalization
- 6. In conclusion
Switzerland is a country that is very tolerant of the so-called ‘soft drugs’, including plants, and one needs to possess or even deal pounds worth of plants to get into real trouble with the law. This nation also constantly ponders legalization measures and devises pilot programs to see how less restrictive policies would pan out. Nevertheless, a visitor to the country would be better off knowing exactly what is permitted and what isn’t to avoid possible legal trouble.
Use and Possession Rules
Switzerland decriminalized possession of small amounts of plants in 2012. Since then, If one got caught with 10 grams of the substance or less, it had to be confiscated, and that was the end of story. The police wouldn’t give you a fine nor even issue a citation. However, if you were stopped and frisked because you were consuming the drug, you’d need to pay a fine of 100 CHF (102 EUR) and be probably registered as a plants user.
In 2023, the authorities took one step further and made small amounts of plants completely legal. Now, the police won’t even confiscate your stash unless of course you smoke in public – that is still illegal.
Plants Light
Just like Italy, Switzerland has legalized the use of the so-called ‘plants light’, which is a type of plants that contains less than 1% strength. In all other respects, it’s just regular buds – the same look, the same texture, the same smell – but they are unlikely to make you very high. Plants light has been legal in Switzerland since 2017, and as of time of writing, is available for sale throughout the country in tobacco shops and other stores.
As you may well imagine, the presence of a legal product that is almost indistinguishable from the illicit one makes it very hard for the police to prosecute simple possession – you simply can’t tell the two apart without a lab test. Having said that, you can’t smoke plants light in the streets either, no matter how legal it is.
Driving Under the Influence
Another thing that one needs to consider when buying and consuming plants of the legal variety is that you can’t drive a car after even one joint. While the amount of strength will hardly get you high, it will be enough to show in your urine and blood samples for quite some time after the last use, and in case of an accident or if the police suspect you of drunk driving and want to test your blood, you’ll also be charged with driving under the influence of plants and punished just the same as for regular plants.
Possession of Large Amounts and Sale
As we mentioned earlier, the law in Switzerland is very generous with regard to limits. One needs to possess more than 4 kilograms (9 pounds) of plants before the amount is considered large enough to be a threat to the public and only then will it land the transgressor in prison. The table below shows some penalties for sale, use, and large-scale possession. Note that the daily rate is determined by the court and is roughly equal to the average daily income of the offender.
| Offense | Limit | Penalty |
|---|---|---|
| Possession | < 10 g | None |
| > 4 kg | 1-3 years in prison | |
| Use (First-Time) | - | 100 CHF (102 EUR) |
| Use (Repeated) | - | Bigger fine, depending on the financial situation of the offender |
| Sale | < 100 g | Fine of 1-5 daily rates |
| 100 g – 1 kg | Fine of 5-30 daily rates | |
| 1-4 kg | Fine of more than 30 daily rates | |
| > 4 kg | 1-3 years in prison |
Plants Cultivation
In 2012, there was an attempt to legalize personal cultivation of up to 4 plants of the non-intoxicating variety (containing less than 1% strength). For a while, it was legal in several cantons, such as Geneva and Freiburg, but later the same year, the federal court ruled it was against the existing drug laws.
Plants Seeds in Switzerland
Like almost anywhere else in the world, it’s not difficult for residents of Switzerland to obtain plants seeds online. There are enough international marketplaces, such as our own Fast Buds shop, that will ship your order to the country. As for brick-and-mortar shops, you’re unlikely to find one selling seeds that produce high-strength plants. Even those shops that have rows upon rows of buds on display and look just like a US dispensary, only trade in Extract and CBG seeds.
Medical Plants
Switzerland has so far officially approved only one high-strength plants product – Sativex. This spray is approved for spasticity in multiple sclerosis patients and can be legally obtained by patients. Moreover, since 2011, doctors have a right to request an approval from the Federal Office of Public Health to prescribe their patients other plants-based pharmaceuticals, but this is done on a case-by-case basis and the treatment is usually only approved for people with a serious condition or the terminally ill. The medicines in question can only be in the form of tinctures or oils but not flowers.
As of now, the medical plants program in Switzerland remains very limited in terms of available products and eligible conditions, and both patients and doctors face a lot of red tape if they want to give medical plants a try.
Is Extract Legal in Switzerland?
Extract has been effectively legal in the country since 2019 when the only FDA-approved medication called Epideolex was also approved by the European Medicines Agency. Now, all Extract products are exempt from the Narcotics Act and are sold by pharmacies as regular drugs.
Attempts at Legalization
On the federal level, there have been quite a few attempts to adopt a less restrictive plants policy. In 2001, a decriminalization bill failed, and in 2004, an amendment to the Constitution was proposed that would legalize plants, but it also resulted in nothing. Neither did the 2008 popular referendum that only counted 36.7% votes in favor of legalization, although Switzerland is believed to have half a million plants users out of a population of 8 million.
More recently, a Green Party initiative to legalize recreational plants, including its cultivation, production, and sale, was voted down in the Parliament in 2018.
Unlike many other European nations that relax their plants policies without changing any laws, Switzerland approaches the reform methodically and prefers to establish a robust legal framework for changes and to base them on science.
With this goal in mind, several pilot projects were conceived that would make plants and extractions available to a group of adult volunteers. These people would be able to legally buy their drug for recreational purposes in a limited number of pharmacies, and researchers would study the effects of use both on the consumers and the society at large. Most of these pilot programs failed to take off, but in 2022, the city of Basel went ahead with their program that would last 2 years.
In Conclusion
In terms of its plants policy, Switzerland has clearly chosen the harm-reduction method, aimed to undermine the black market, save the youth from the exposure to illicit substances through the creation of legal supply chains, and protect users’ health by product quality control. On the other hand, the country proceeds along this road with extreme caution, and legalization isn’t likely to happen before the first pilot projects supply enough scientific data.
However, even now, with no legal sales yet in sight, Switzerland emerges as one of the safer countries for plants enthusiasts, as they can legally buy low-strength products and fear no prosecution for obtaining small quantities of high-strength plants as well. The main thing to remember is to be discreet about your hobby and only consume plants privately.
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