cannabisnews.com: Swiss Stand Firm Over Cannabis Law










  Swiss Stand Firm Over Cannabis Law

Posted by CN Staff on July 29, 2002 at 22:31:57 PT
By Roy Probert 
Source: Swissinfo 

Switzerland has dismissed an international report criticising its decision to decriminalise cannabis, saying its approach is honest and realistic. The International Narcotics Control Board (INCB) said it would be a “historic mistake” if cannabis were effectively placed in the same category as alcohol and tobacco. But the Swiss authorities disagree. “I’ve heard more people say it was a historic mistake to put cannabis on the list of substances that are totally prohibited,” says Ueli Locher, deputy director of the Federal Office for Public Health. 
“We have to adapt to the changes in our society. We know more about how harmful – or harmless – cannabis is. We cannot continue to treat it like heroin and cocaine,” he told swissinfo. Legalisation  In its annual report, the INCB says the draft Swiss law – which has already been approved by the Senate – would go much further than simply decriminalising cannabis consumption. It would, the board believes, “amount to an unprecedented move towards legalisation of the consumption, cultivation, manufacture, possession, purchase and sale of cannabis for non-medical purposes”. “It would entail additional health problems to those we have already with alcohol and tobacco,” INCB secretary Herbert Schaepe told swissinfo. The INCB, an independent Vienna-based watchdog that oversees the implementation of United Nations drugs treaties, says the Swiss law would contravene the 1961 Single Convention on Narcotic Drugs. Prosecutions  The Swiss government disagrees. It says four independent legal assessments have found that the law is consistent with the convention, and that under the proposed law, the cultivation and sale of cannabis would remain illegal. However, prosecutions would likely be few and far between. It would be permissible to sell the drug to people over the age of 18, provided they do not publicise their dealing, do not sell hard drugs at the same time, and are not a public nuisance. Schaepe argues that “Allowing people to sell cannabis to anybody for non-medical purposes is simply not in line with the conventions”. Common sense  In Locher’s view, though, the Swiss position is a common-sense reaction to a better scientific understanding of illegal substances, a change in public attitudes and a shortage of resources to pursue law-breakers. “We are trying to deal with the reality – to have an honest and consistent approach to a problem - and not continue to have laws which are not applied,” Locher explains. “Time will tell whether cannabis is also reconsidered at the level of international conventions,” he adds. Schaepe says it is the job of the INCB to point out to governments and the public when countries fail to abide by their treaty obligations. It is up to governments, he says, to amend conventions if they feel they are no longer relevant. “The conventions are not cast in stone. They can be amended. Ultimately, it is in the hands of governments to decide future drug policies,” he says. “But there is a procedure that has to be followed. We cannot have a lawless situation at the international level.” Source: SwissinfoAuthor: Roy ProbertPublished: July 30, 2002Copyright: Swissinfo/SRIWebsite: http://www.swissinfo.org/Contact: http://www.swissinfo.org/sen/Swissinfo.html?siteSect=841Cannabis Series: Swiss Hemp Coordinationhttp://www.hanf-koordination.ch/doc/index.htmlHard Drugs Use on the Risehttp://www.swissinfo.org/sen/Swissinfo.html?siteSect=111&sid=1242876Swiss Drugs Policy Bearing Fruithttp://www.swissinfo.org/sen/Swissinfo.html?siteSect=111&sid=991813Swiss Stand Firm Over Cannabis Lawhttp://www.swissinfo.org/sen/Swissinfo.html?siteSect=111&sid=1044850Parliament Moves Towards Legalising Cannabishttp://www.swissinfo.org/sen/Swissinfo.html?siteSect=111&sid=949008Liberalisation Plans Leave Cannabis in Legal Limbohttp://www.swissinfo.org/sen/Swissinfo.html?siteSect=111&sid=1248933Government Gives Green Light to Legalisation of Cannabishttp://www.swissinfo.org/sen/Swissinfo.html?siteSect=111&sid=607387Public Endorses Government Plans to Decriminalise Cannabishttp://www.swissinfo.org/sen/Swissinfo.html?siteSect=111&sid=581238

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Comment #9 posted by Dan B on July 30, 2002 at 16:55:15 PT:

Dr. Russo
I'm 34, graduated from Hamilton High School in 1986.Cool that your wife is a Hamiltonian, too. We plan to be in Montana for Christmas this year. Who knows, maybe we can take some time to finally meet you in person, eh?Dan B
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Comment #8 posted by freedom fighter on July 30, 2002 at 16:49:14 PT

Pah!
Just another word when the Deaf say, "FINALLY!"Pah!ff
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Comment #7 posted by Ethan Russo MD on July 30, 2002 at 14:10:38 PT:

Dan B
My wife was a Hamiltonian. How old are you?
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Comment #6 posted by Dan B on July 30, 2002 at 13:54:46 PT:

DankHank
I grew up in that part of the country (Hamilton, MT--just 46 miles south of Missoula), and I envy you for being there. To me, Western Montana is home, and it's one of the most beautiful places on Earth.Enjoy.Dan B
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Comment #5 posted by kaptinemo on July 30, 2002 at 06:42:27 PT:

Something very interesting
Repression: “The repression has actually got worse recently,” said Andrea Demarmels, a legal adviser at the Swiss Hemp Coordination. “It may be because local police have decided to act before a new law is introduced.” (Emphasis mine -k.)But police deny there has been a clamp down. “It’s an impression that people have because on one side there is a planned liberalisation, and on the other the current law still applies,” said Christian Buschan of the Federal Police Office.Typical doublespeak that fails to address the issue. Namely, that the police are in effect reducing their emphasis on fighting real crime in order to harrass cannabis consumers...and they are doing so in a fevered rush before their actions will no longer be sanctioned by society. This is known as 'getting your kicks in'. 
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Comment #4 posted by Ethan Russo MD on July 30, 2002 at 05:44:25 PT:

Single Convention
"The INCB, an independent Vienna-based watchdog that oversees the implementation of United Nations drugs treaties, says the Swiss law would contravene the 1961 Single Convention on Narcotic Drugs."Sorry, but the language allows a country to declare the rules contrary to its constitutional rights. That being done, they have the right to do as they wish. I hope that the Swiss will take this bold and just step. Many European nations will follow, and then---- What we are seeing now is akin to the fall of communism. Sure, there are holdouts, such as Cuba, but that is an aberration. Even China is pursuing a different course. The death of cannabis prohibition is a strong scent on the breeze now. The USA is the final big domino.Dankhawk: come on down. My office is at 900 North Orange, 3rd floor. Phone: 406-327-3376, and talk to Kelly.
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Comment #3 posted by p4me on July 30, 2002 at 00:45:19 PT

great news isn't it
They have a follow up article at Swissinfo and here it is:
Liberalisation plans leave cannabis in legal limboHemp production has become an interesting sideline for many Swiss farmers [Keystone Archive]Switzerland is preparing to decriminalise the consumption of cannabis, but local authorities and experts abroad remain sceptical about the end result.The proposed liberalisation is intended to bring the law into line with reality: around half a million people in Switzerland are thought to be regular users of cannabis.Under the new legislation, possession and production of cannabis for personal use would be allowed, as well as limited trade in the drug. But it would remain illegal to import or export cannabis and advertising would be banned.Along with the decriminalisation of cannabis, other measures would be introduced, particularly preventive ones. This would fit in with Switzerland’s drug policy, which is based on four criteria: prevention, repression, treatment and harm reduction.For the time being though, the sale of cannabis remains illegal, and the police are still pursuing dealers. Recently Zurich cantonal police seized 30 kilograms of marijuana and arrested six people.Repression“The repression has actually got worse recently,” said Andrea Demarmels, a legal adviser at the Swiss Hemp Coordination. “It may be because local police have decided to act before a new law is introduced.”But police deny there has been a clamp down. “It’s an impression that people have because on one side there is a planned liberalisation, and on the other the current law still applies,” said Christian Buschan of the Federal Police Office.Enforcing the law is a cantonal responsibility, and some are more vigorous than others. Official statistics show that French-speaking cantons take a tougher line than those in German- and Italian-speaking regions.Indeed, German-speaking Basel City is already preparing for the new legislation. The cantonal authorities recently sent a set of guidelines to owners of hemp shops, reminding them that trade would be allowed as long as there were no sales to minors.Interpreting the lawLocal authorities are often in a quandary as to how to interpret the law. In Italian-speaking canton Ticino, for example, hemp farming has become a lucrative business, with all sorts of products, both legal and not so legal, ending up on the market.Ticino hemp shops do a roaring trade in cannabis cushions, which are sold as fragrant pillows to help insomniacs. More often, though, the contents of the cushions ends up being smoked.The police tolerate sales, but periodically shops are closed. Cross-border business has been good too, with Italian customers regularly making the trip to Ticino.The Italian customs services have increased checks at the border, but cannabis users keep on dreaming up new ways of getting their goodies back to Italy. There are even Internet sites that give tips on how to smuggle cannabis over the border.SmugglingCross-border trade is just one reason that the proposed change in Switzerland’s laws has attracted criticism from abroad. The International Narcotics Control Board (INCB), a UN-affiliated agency, said earlier this year that treating cannabis like alcohol and tobacco would be a “historic mistake.”The agency added that it viewed any change in the law as a move towards the legalisation of cannabis.“If this is the case, it goes against the 1961 Convention on Narcotic Drugs,” said Herbert Schaepe, the Board’s secretary. “It would not be acceptable since Switzerland’s neighbours don’t seem to be going down the same road.”He added that the only way Switzerland’s proposed law would be accepted abroad would be to convince neighbouring countries to follow suit. “We could then perhaps consider changing the convention,” Schaepe told swissinfo.Criminal activitiesThe agency also fears that a unilateral decriminalisation of soft drugs, would open the door to criminal activities. “If other countries fail to do the same, you can be sure trafficking groups will channel these drugs through Switzerland,” added Schaepe.Global consumption of soft drugs has been on the increase, according to the INCB. Four European Union countries - Italy, Luxembourg, Portugal and Spain - now have legislation that decriminalises personal cannabis use, while Belgium is considering doing the same.In Britain, police often turn a blind eye to cannabis consumption, but possession remains an offence. In the Netherlands, “coffee-shops” carry out an open trade in the drug.France and Sweden do not tolerate the use or sale of drug. However, cannabis consumption seems to have increased to the same extent in “liberal” or “repressive” countries, according to a report by the Swiss Federal Health Office.swissinfo29.07.2002 - 18:111,2
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Comment #2 posted by Dankhank on July 30, 2002 at 00:39:04 PT:

Hello ...
from Missoula, Montana ...am travelling and in the town where E Russo works, and lives?I've already seeded the town with a copy of the Cannabis Reference Library.Will leave more as soon as I can find a person with a CD burner.Will contact ERusso if I can, I am leaving for Seattle and Vancouver tomorrow, but returnig to Missoula thursday, prior to heading back to SW OK.Cheers to all and hooray to the Swiss. I have visited Switzerland, wife and I spent an amazing week In Zurich many years ago, but still love to praise that country.Go Swiss !!!!!!
Hemp N Stuff
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Comment #1 posted by Robbie on July 29, 2002 at 22:51:13 PT

Nice article!
The International Narcotics Control Board (INCB) said it would be a “historic mistake” if cannabis were effectively placed in the same category as alcohol and tobacco. But the Swiss authorities disagree. “I’ve heard more people say it was a historic mistake to put cannabis on the list of substances that are totally prohibited,” says Ueli Locher, deputy director of the Federal Office for Public Health. Right ON! 
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