BackWill Switzerland be the first legal commercial market for cannabis in Europe?
14.03.2025
In the last decade, Europe has taken significant steps towards the regularisation of cannabis. Although the spearhead of this change currently lies in Germany, other countries such as Switzerland are moving towards a legalisation aimed at both minimising the risks associated with cannabis use and eradicating the black market.
Historical context of cannabis in Europe
Until a few years ago, the old continent was known for its prohibitionist policies, especially in countries such as France, Germany, England, or Italy, where "tolerance" policies like those found in the Netherlands or Spain just didn’t exist. To the amazement of the whole world, Switzerland pioneered the legalisation of CBD-rich cannabis (with a THC count of less than 1%) in 2011. Since then, the country has legalised cannabis for medical use (in 2022), and has recently announced that it’s getting ready to regulate cannabis for adult use, following the positive results of its pilot programme.
Passing of the bill for a commercial cannabis market
Last February, a bill was passed to establish a commercial market for legal recreational cannabis. If implemented, the country would become the first in Europe to take this step, setting a precedent for other nations. This decision is preceded by an ambitious pilot programme known as "Weed Care", which began on 31 January 2023 in the city of Basel, and initially allowed 374 participants to buy cannabis legally. Later, the programme was extended to 6 more locations, reaching a total of 7000 participants to better analyse the impact that different sales models have on the health and consumption habits of users. The results obtained during these two years were made public a few days ago and are definitely promising.
To understand how and why the Swiss government is willing to move towards a total legalisation of cannabis, we must first go back and analyse the results produced by the programme.
Objectives and results of the Swiss cannabis pilot programme
From its inception, the study carried out by the Swiss Federal Office of Public Health (FOPH) laid out the foundation of the programme with several clear objectives:
- To measure the impact on public health of a possible full legalisation of cannabis for adult use.
- To understand what the safest framework for consumers would be in a future legal market.
- To ensure citizens have safe access to cannabis products for recreational use, thereby eliminating the black market.
To achieve this, the programme authorised the sale of cannabis in official pharmacies and distribution points under strict regulations. The preliminary results of this study indicate that social perception of cannabis has improved, and there has been a decline in the number of incidents related to the black market.
Additionally, the data indicates that consumers generally maintain their consumption patterns; but, if there is a change, it is in the direction of lower-risk consumption methods, particularly involving the testing of new formats such as vaporisers. As for the impact on public safety, neither disorderly conduct at the points of sale, nor filtering of the cannabis from the trials into the illegal market have been observed. The police have therefore been supportive of this programme, with a view to prioritising other tasks.
What would the new Swiss legal scenario look like?
As mentioned above, Switzerland took a giant step forward on 14 February by passing a draft law that would allow citizens to grow, buy, possess, and use cannabis legally. This proposal has been endorsed by the Social Security and Health Commission of the National Council, with a majority vote of 14 - 9.
Key points of the draft law:
- Cannabis will remain classified as a narcotic (unlike in Germany, where it was removed from this category).
- Adults may grow up to three marijuana plants, and possession of cannabis will also be permitted (although the quantities have not yet been specified).
- Cannabis will be sold under a state monopoly, through a limited number of licensed retailers.
- Vertical integration will not be allowed – meaning that the same company won’t be able to grow and then sell cannabis.
- Sales will be non-profitable, and the proceeds will be used for the prevention and reduction of risks associated with cannabis use.
- Taxes levied on cannabis products will vary according to their THC content and the method of consumption.
- A digital tracking system will be implemented throughout the supply chain, based on the model from the pilot projects.
Implications of the Swiss model and next steps
Although Switzerland is not a member of the EU, it is part of the Schengen area and must comply with certain trade rules, which could lead to regulatory challenges.
While the implementation of this new model of commercial recreational cannabis wouldn’t be effective until 2026, the government is currently preparing an explanatory report. In addition, a consultation process will open in the summer, where both industry agents and users will be able to give their opinion before the final approval of the law.
Implications for the European legal framework
After the results of the pilot programme and the recent passage of the bill, a commercial cannabis market in Switzerland seems to be an imminent reality. This step forward could influence neighbouring states, consolidating a path opened by Germany only a year ago. At a time when the German political climate could generate uncertainty among investors, a legal market in Switzerland would send a loud and clear message to the world: Europe is not backing down. Although the European legal framework is still only moving slowly, it must not be forgotten that the situation is more complex than on other continents – unlike countries such as the United States, European governments are looking to apply greater interventionism on the part of the State to ensure public health and safety. If Switzerland finally takes this long-awaited step, it could influence other European countries to adopt similar legislation, creating a more homogeneous regulatory framework on the continent. This is definitely good news for those users and growers who want to obtain their cannabis products legally and safely; or for those who wish to grow their own cannabis seeds legally in order to have greater control over what they consume.
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