Caught smoking cannabis in Switzerland: how much trouble are you in?
Cannabis can sometimes appear to occupy a grey area in Switzerland.
CBD products are openly sold, several Swiss cities participate in controlled cannabis pilot programmes, and possessing a small amount for personal use is not necessarily punishable.
But recreational cannabis containing at least 1% THC remains illegal under current Swiss law.
So what actually happens if the police catch you smoking a joint?
Is smoking cannabis illegal in Switzerland?
Yes.
For an adult, being caught consuming cannabis can generally result in a CHF 100 fixed fine.
The simplified CHF 100 procedure applies to cannabis consumption by adults in relatively straightforward cases. Different rules apply to minors and the situation can also become more complicated where other offences are involved.
So Switzerland has not legalised recreational cannabis simply because small-scale consumption is often dealt with by a relatively modest fine.
What if I am carrying cannabis but not smoking it?
This is where the distinction becomes important.
Possession of up to 10 grams of cannabis for your own consumption is not punishable.
This means that if an adult is simply carrying, for example, five grams for personal use, possession alone does not justify the CHF 100 consumption fine.
The Federal Supreme Court has also held that up to 10 grams intended for personal consumption cannot simply be confiscated and destroyed merely because the person possesses it.
However, if the police actually catch you consuming cannabis, the position is different and the cannabis involved may be seized as part of the fixed-penalty procedure.
So carrying 10 grams is legal but smoking it is not?
Broadly speaking, that is the unusual result of the current legislation.
For an adult:
Possessing up to 10 grams for personal consumption: not punishable.
Actually consuming cannabis containing at least 1% THC: punishable, generally by a CHF 100 fixed fine in a simple case.
That distinction often surprises visitors and expats.
It also does not mean that buying, selling or supplying cannabis is automatically permitted. Once the circumstances go beyond possession of a small amount for personal consumption, significantly more serious provisions of the Swiss Narcotics Act may apply.
What about CBD?
Cannabis products containing less than 1% THC are treated differently.
CBD flowers containing less than 1% THC can legally be sold and purchased in Switzerland and are not treated as prohibited narcotics merely because they are cannabis products.
That is one reason why visitors sometimes get the impression that cannabis itself has been legalised.
It has not.
The THC content matters.
What if I smoke cannabis and then drive?
This is where the consequences can become much more serious.
Driving while unable to drive because of cannabis is treated as a serious traffic offence under Swiss road traffic law.
Driving under the influence of narcotics can lead, even without previous offences, to a minimum three-month withdrawal of the driving licence or prohibition from driving in Switzerland.
There may therefore be:
a criminal proceeding;
an administrative driving-licence proceeding; and
in some circumstances, an investigation into your general fitness to drive.
Regular cannabis consumption can also become relevant to the authorities' assessment of whether a person is generally fit to drive.
For someone with a foreign driving licence, Switzerland can still prohibit the use of that licence in Switzerland.
What if I am a tourist?
The rules on cannabis consumption apply to visitors as well.
Being British, American, French or otherwise resident abroad does not exempt you from Swiss narcotics or road traffic law.
For the simple consumption of a joint, the immediate consequence may therefore be relatively limited.
But the situation changes considerably if the police also suspect:
driving after cannabis use;
possession beyond personal consumption;
selling or supplying cannabis;
other drugs; or
another criminal offence.
What about Switzerland's cannabis pilot programmes?
Several Swiss cities and regions are participating in scientific pilot programmes allowing registered participants to obtain cannabis under controlled conditions.
These programmes are specific exceptions created by federal legislation.
They do not amount to a general legalisation of recreational cannabis in Switzerland.
So what do I actually risk for smoking a joint?
For an adult caught simply smoking cannabis, the usual immediate consequence may be a CHF 100 fine.
But three situations should not be confused:
Smoking cannabis: punishable.
Possessing up to 10 grams for personal use: not punishable in itself.
Driving after cannabis use: potentially much more serious, with criminal and driving-licence consequences.
For many expats, it is the last point that creates the biggest legal problem.
Have you been stopped by the police in Switzerland in connection with cannabis or another traffic offence?
Bénard Avocats advises Swiss residents and international clients in criminal and road traffic proceedings. Consultations can be conducted in English, French or German and by videoconference.
Disclaimer: This article provides general information only and does not constitute legal advice. The applicable rules and consequences may vary depending on the circumstances of each case.