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en:thc_recht:umgang [2022/08/26 19:05] – [Even consumption is prohibited] michaelen:thc_recht:umgang [2024/03/27 08:56] (current) – external edit 127.0.0.1
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 ===== Penalties ===== ===== Penalties =====
-In the red boxes, we describe the **range of punishments** that belong to the described topic, usually with an example, so that we can show what is in store for those affected. Ultimately (except for the [[en:thc_recht/wenigillegal|regulatory fines]]) each case is judged individually, which leads to a range of variation.+In the red boxes, we describe the **range of punishments** that belong to the described topic, usually with an example, so that we can show what is in store for those affected. Ultimately (except for the [[en:thc_recht/wenigillegal|fixed penalties]]) each case is judged individually, which leads to a range of variation.
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 +===== Advertisement =====
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 +| [[https://www.kayashop.ch/de|{{:thc_recht:kayashop_de.jpg|kayashop.ch}}]]  |
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 ====== What applies when dealing with THC in Switzerland? ====== ====== What applies when dealing with THC in Switzerland? ======
  
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 From a content of 1.0 % THC, THC-containing products are prohibited in Switzerland. The Narcotics Act (NarcA) thus defines the //"narcotics of the effect type cannabis"// and prohibits the handling thereof. From a content of 1.0 % THC, THC-containing products are prohibited in Switzerland. The Narcotics Act (NarcA) thus defines the //"narcotics of the effect type cannabis"// and prohibits the handling thereof.
  
-There are different {{:thc_recht:sh13_rueckseite.jpg?linkonly|stages of illegality}}: preparatory acts, consumption, passing on acts and commercial [[en:thc_recht/starkillegal|dealing]]. The penalties are varied: from a warning without costs to 20 years imprisonment, everything is possible.+There are different {{:thc_recht:sh13_rueckseite.jpg?linkonly|levels of illegality}}: preparatory acts, consumption, passing on acts and commercial [[en:thc_recht/starkillegal|dealing]]. The penalties are varied: from a warning without costs to 20 years imprisonment, everything is possible.
  
-Nevertheless, there are also products containing THC that are legal - some [[en:thc_recht/lebensmittel|food products]] may contain traces of THC and may be consumed by everyone as well as sold commercially.+Nevertheless, there are also products containing THC that are legal – some [[en:thc_recht/lebensmittel|food products]] may contain traces of THC and may be consumed by everyone as well as sold commercially.
  
-Preparations containing more than 1% THC can be taken as [[en:thc_recht/medizin|medicines]], but the hurdles for the necessary exemption permits are still very high: facilitations for this are expected to come into force from around 2022. (We will leave out the special topic of scientific trials). +As [[en:thc_recht:medizin|medicine]], preparations with more than 1% THC can be taken, but doctors are still extremely reluctant and rarely prescribe cannabis. (We leave out the special topic of scientific trials).
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-=== Innovations as of 1.8.2022 === +
-Now the facilitations for medical hemp have finally come into force and a new era begins. Doctors can prescribe hemp containing THC without having to apply for an exemption. In the next few years, it will become clearer exactly what this now means in everyday life for sick people. +
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-\\  +
-^  In two overviews we show the different gradations of legality and illegality of THC-containing products (click to enlarge)  ^^ +
-| {{:thc_recht:sh14schluss.jpg?direct&266|Back cover Shit happens 14 - Click to enlarge}} | {{:thc_recht:sh14mittelseiten.jpg?direct&534|Center pages Shit happens 14 - Click to enlarge}} | +
-|{{:thc_recht:sh14schluss.pdf|PDF of this page}} | {{:thc_recht:sh14mittelseiten.pdf|PDF of these pages}} |+
  
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-In addition to the Narcotics Act and the Regulatory Fines Act (OBG), there are other laws in which THC occurs: e.g. the Food Act or the Road Traffic Act. Driver's license and THC in blood is a big issue - the zero tolerance towards cannabis has led to extremely low limits for THC in blood. There are also recurring problems for THC users when living and working. In agriculture, for example, there are regulations for animal feed.+In addition to the Narcotics Act and the Fixed Penalties Act (OBG), there are other laws in which THC occurs: e.g. the Food Act or the Road Traffic Act. Driver's license and THC in blood is a big issue – the zero tolerance towards cannabis has led to extremely low limits for THC in blood. There are also recurring problems for THC users when living and working. In agriculture, for example, there are regulations for animal feed.
  
 All of our comments generally refer to adults unless otherwise noted. Action against [[en:thc_recht/jugend|adolescents]] is even more difficult to deal with in general than the prosecution of adults and follows in a separate [[en:thc_recht/jugend|chapter]]. All of our comments generally refer to adults unless otherwise noted. Action against [[en:thc_recht/jugend|adolescents]] is even more difficult to deal with in general than the prosecution of adults and follows in a separate [[en:thc_recht/jugend|chapter]].
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 Unauthorized consumption of narcotics is also punishable. However, the consumption and the necessary preparatory acts (such as possession, purchase, cultivation, smuggling) are contravention (and not misdemeanor). The penalty for such contraventions is a fine (for example, 200 francs fine, plus various writing, delivery and other fees, where the fines are higher if someone is repeatedly punished - this without entry in the criminal record). Unauthorized consumption of narcotics is also punishable. However, the consumption and the necessary preparatory acts (such as possession, purchase, cultivation, smuggling) are contravention (and not misdemeanor). The penalty for such contraventions is a fine (for example, 200 francs fine, plus various writing, delivery and other fees, where the fines are higher if someone is repeatedly punished - this without entry in the criminal record).
  
-In 2013, the provisions of the regulatory fine bill were added (100 francs fine for cannabis use detected by the police, without questioning / protocol and without fees) and transferred to the OBG as of 1.1.2020.+In 2013, the provisions of the fixed penalty bill were added (100 francs fine for cannabis use detected by the police, without questioning / protocol and without fees) and transferred to the OBG as of 1.1.2020.
  
 ===== Cantonal differences in repression ===== ===== Cantonal differences in repression =====
  
-The criminal prosecution is a matter for the cantons. This leads to great differences in the amount of fines imposed on users (ranging from discontinuation of proceedings to fines and fees of 1,000 francs, even for the first time). The regulatory fine were also initially applied very differently in the cantons.+The criminal prosecution is a matter for the cantons. This leads to great differences in the amount of fines imposed on users (ranging from discontinuation of proceedings to fines and fees of 1,000 francs, even for the first time). The fixed penalty were also initially applied very differently in the cantons.
  
 ===== Our colored boxes ===== ===== Our colored boxes =====
  
-In these we summarize the most important points (on this page you will find explanations of their contents). In the purple boxes we give an outlook on future developments.+In these we summarize the most important points (on this page you will find explanations of their contents). In the blue boxes we present new developments. In the purple boxes we give an outlook on future developments.
  
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 ===== Cannabis Pilot Projects ===== ===== Cannabis Pilot Projects =====
-Cannabis dispensary projects in cities have been discussed since 2005. Now the temporary change in the law for this is in force: since May 2021 applications can be submitted, from 2022 the first such projects could start and must be completed by 2031. Within this controlled and limited framework (e.g. no public consumption, no passing on), it is legal for participants to handle THC-rich hemp. Info on specific developments on [[en:aktuelles/pilotversuch|cannabis pilot testing]].+Cannabis dispensary projects in cities have been discussed since 2005. Now the temporary change in the law for this is in force: since May 2021 applications can be submitted, from 2023 the first such projects have started and must be completed by 2031. Within this controlled and limited framework (e.g. no public consumption, no passing on), it is legal for participants to handle THC-rich hemp. Info on specific developments on [[en:aktuelles/pilotversuch|cannabis pilot testing]].
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 ====== Narcotics Act ====== ====== Narcotics Act ======
  
-The Narcotics Law (NarcA) regulates all legal issues arising in connection with psychoactive substances. It is a comprehensive and very harsh law. Our collection on legal issues started with this topic. Meanwhile we have 32 folders in use and also collected many other legal topics beyond the NarcA.+The Narcotics Law (NarcA) regulates all legal issues arising in connection with psychoactive substances. It is a comprehensive and very harsh law. Our collection on legal issues started with this topic. Meanwhile we have 37 folders in use and also collected many other legal topics beyond the NarcA.
  
 ===== Current narcotics law ===== ===== Current narcotics law =====
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 ===== Interpretation of current narcotics law ===== ===== Interpretation of current narcotics law =====
  
-  * [[en:thc_recht/li620203|Spring 2013: Overview of the provisions of the regulatory fines bill]]+  * [[en:thc_recht/li620203|Spring 2013: Overview of the provisions of the Fixed Penalties Act]]
   * [[en:thc_recht/sh3030|The partially revised Narcotics Act NarcA]]   * [[en:thc_recht/sh3030|The partially revised Narcotics Act NarcA]]
   * [[en:thc_recht/sh3232|Are there no exceptions to criminal liability?]]   * [[en:thc_recht/sh3232|Are there no exceptions to criminal liability?]]
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 For a long time, the commissions and councils discussed a revision of the Narcotics Law. Finally, two partial revisions have emerged, both of which have now entered into force. For a long time, the commissions and councils discussed a revision of the Narcotics Law. Finally, two partial revisions have emerged, both of which have now entered into force.
  
-  * [[en:thc_recht/teilrevision2|Second part Partial revision NarcA (regulatory fine model adopted and in force)]]+  * [[en:thc_recht/teilrevision2|Second part Partial revision NarcA (fixed penalty model adopted and in force)]]
   * [[en:thc_recht/teilrevision1|Hemp initiative (rejected) and first part of partial revision NarcA (accepted and in force)]]   * [[en:thc_recht/teilrevision1|Hemp initiative (rejected) and first part of partial revision NarcA (accepted and in force)]]
  
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 ===== Interpretation ===== ===== Interpretation =====
  
-These general constitutional principles can be interpreted in different ways. In principle, however, the constitutional provisions in Switzerland are accepted more as background noise - but they must not set the pace. That is almost exclusively the responsibility of the law. And there, THC consumption is simply forbidden. Also lawsuits according to the Human Rights Convention MRK had no chance until today.+These general constitutional principles can be interpreted in different ways. In principle, however, the constitutional provisions in Switzerland are accepted more as background noise - but they must not set the pace. That is almost exclusively the responsibility of the law. And there, THC consumption is simply forbidden. Also lawsuits according to the Human Rights Convention had no chance until today.
  
   * [[en:thc_recht/li360202|THC use should not be a human right]]   * [[en:thc_recht/li360202|THC use should not be a human right]]
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   * [[en:thc_recht/li211719|Smoking pot in the UN]]   * [[en:thc_recht/li211719|Smoking pot in the UN]]
  
 +
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 +| [[https://www.kayashop.ch/de|{{:thc_recht:kayashop_de.jpg|kayashop.ch}}]]  |
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 ^[[en:thc_recht/einleitung|Introduction]]  |  [[en:thc_recht/umgang|up]]  ^  [[en:thc_recht/lebensmittel|Food]]^ ^[[en:thc_recht/einleitung|Introduction]]  |  [[en:thc_recht/umgang|up]]  ^  [[en:thc_recht/lebensmittel|Food]]^
 \\ \\
  
Last modified: 2022/08/26 19:05
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Legal overview

Shit happens 15 (Summer 2023)

This overview as PDF