Cannabis Smokers: The End of Criminal Prosecutions?

Last month, the Council of States officially revised the current law on narcotics to soften the penalties for small-time pot smokers.

Of the 35 voters, 31 were in favor of a simple fine of 100 francs for adults in possession of ten grams or more of cannabisUntil now, penalties could vary greatly depending on the canton's policy: possession of less than 10 grams could cost on average between 50 and 3,000 francs depending on the smoker's place of residence!

This shift toward greater liberalization is based primarily on pragmatic considerations. Analyses conducted on the subject clearly show that the criminal justice system is completely ineffective when it comes to preventive action. Worse still, it encourages denunciation (30,000 cases each year) and has the direct consequence of overcrowding the courts.

Contrary to appearances, the legislative arsenal thus put in place remains more severe than that initially voted by the National Council. Indeed, even if the amount of the fine is lighter (100 francs against 200 francs), minor cases will no longer be able to benefit from an exceptional preferential regime initiated by the police: all consumers will be fined, including those who limit themselves to medical seeds.

However, a different position may be adopted if criminal proceedings are initiated despite everything, since there is no minimum imposed. And in any case, the police must continue to report minors to the public prosecutor.

The National Assembly is expected to examine all of these issues soon and decide whether or not to approve the bill accepted by the Federal Council and the Council of States. But the debates promise to be as heated as they were in the Chamber of Cantons. For some, including Peter Föhn (UDC/SZ), maintaining a tolerance margin of 10 grams is an aberration. He points out in particular that cannabis now contains a very high level of THC (the active and potentially hallucinogenic substance). As for the population, it remains very divided. According to a survey conducted in 2000 by the ISPA (Swiss Institute for the Prevention of Alcoholism and Other Drug Addictions), 48% of those surveyed are in favor of implementing a tolerance model...but the same percentage of Swiss people say they are totally opposed to it!