Court: Swiss police can’t seize small amounts of cannabis for personal use
Police in Switzerland do not have the unconditional right to confiscate and destroy cannabis quantities less than 10 grams, the country’s Federal Court has ruled.
This content was published on
1 minute
Keystone-SDA/SRF/dos
The possession of such small quantities of weed, if for personal use rather than re-sale, is already not treated as a criminal offense in Switzerland.
However, on Monday the highest court in Switzerland clarified that such mini-amounts are also not liable for seizure – that is, if there is no proof of any crime having taken place, and if the user is not nabbed while actually consuming the drug.
Judges were ruling specifically on the case of a man who had been caught with several grams of weed and hash in canton St Gallen in 2019.
Police took the drugs, suspecting the man of having brought them in from Austria. However, as no proof of this was found, the man should be entitled to get the drugs back, the court ruled.
SRF public radio described the verdict as part of a “gradual decriminalisation of moderate cannabis use in recent years”. In 2008 Swiss voters rejected legalisation, but in 2012 parliament reduced the penalty for possession and consumption of small amounts to a fine – in order to relieve the police and judiciary and save costs.
However, for those caught in possession of under 10 grams, these fines are only imposed if they are caught consuming – in which case the drugs can also still be confiscated.
More
More
Should Switzerland legalise cannabis consumption?
This content was published on
Find out more about this potential shift in drug policy in a pilot of our new “dialogue” project.
This content was published on
Producing and selling hemp inflorescences with low THC content has been legal in Switzerland since 2017. But the market hasn’t been a gold mine.
New gel developed in Zurich renders alcohol harmless
This content was published on
A newly developed gel composed of whey proteins breaks down alcohol in the body and could reduce its harmful and intoxicating effects in humans.
Pro-Palestine protests extend to Basel and Fribourg universities
This content was published on
Demonstrators called for an academic boycott of all Israeli institutions and disassociation with Chaim Weizmann, the first Israeli president.
This content was published on
In many cases, China's use of AI undermines the national security of the US and its allies, according to a US government representative.
Swiss Hells Angels trial alleges rape and money laundering
This content was published on
An allegedly high-ranking member of the Hells Angels is accused of money laundering totalling millions and rape, among other serious crimes.
SWISS is airline ‘group flagship’ says Lufthansa boss
This content was published on
Despite challenges, Lufthansa and its most important subsidiary, Swiss International Airlines, promise increased satisfaction and continued growth.
Swiss rediscover communist zeal after 84-year hiatus
This content was published on
Over 300 participants founded the Revolutionary Communist Party (RKP) at its congress in Burgdorf in canton Bern at the weekend.
This content was published on
Nemo brought the Eurovision Song Contest to Switzerland with a victory on Saturday evening in Malmö, Sweden. It is Switzerland's third victory in the history of the music contest.
You can find an overview of ongoing debates with our journalists here . Please join us!
If you want to start a conversation about a topic raised in this article or want to report factual errors, email us at english@swissinfo.ch.