Federal popular initiative "for a sensible hemp policy with effective youth protection"

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Initiative committee logo
Advertising poster of the initiative committee Pro youth protection - against drug crime

The federal popular initiative “for a sensible hemp policy with effective protection of minors” ( French initiative populaire “pour une politique raisonnable en matière de chanvre protégeant efficacement la jeunesse” , Italian Iniziativa popolare “Per una politica della canapa che sia ragionevole e cheementega giovani » ), also unofficially known as the hemp initiative or cannabis initiative , is a popular initiative according to Article 139 Paragraph 3 of the Swiss Federal Constitution , which was voted on on November 30, 2008 . It was launched by the initiative committee Pro Youth Protection - Against Drug Crime and calls for the liberalization of hemp policy, including the legalization of the possession and acquisition of psychoactive substances from the hemp plant and the cultivation of the hemp plant. This initiative was submitted to the federal government on December 15, 2006 with 105,994 valid signatures .

The initiative was rejected by both the people and the estates with 63% of the votes cast.

history

In 1997, the popular initiative “Youth without drugs” was clearly rejected with 29.3% yes-votes. She called for a restrictive drug policy in which the federal government was obliged to fight the so-called "drug problem" and to promote prevention. On November 29, 1998, the popular initiative “for a sensible drug policy” was also clearly rejected with 26.0% yes-votes. This demanded the opposite, a complete legalization of narcotics.

In the following year, 1999, a report by the Federal Commission on Drugs Issues was published. In this “cannabis report” the EKDF called for a revision of the Narcotics Act and recommended legalization of the consumption, trade and cultivation of cannabis. On March 9, 2001, the Federal Council passed its dispatch for the revision of the Narcotics Act, which followed the recommendations of the EKDF. The Council of States was the first chamber to vote on the revision. In 2003 the National Council rejected this proposal, whereupon the Council of States again spoke out in favor of the revision. In June 2004 the National Council decided to “not enter”, which meant the failure of the revision. The Federal Council justified this rejection with the controversial cannabis problem.

Cannabis is now the most widespread illegal substance in Switzerland. In 2002, 4.6% of all 15 to 64 year olds consumed cannabis products. In 2005, the police registered 27,574 violations of marijuana and 7,588 violations of hashish. In view of these numbers, action is essential for the Federal Council. In order to restart the discussion in parliament regarding the hemp issue, the initiators started the hemp initiative. This demands that cannabis use as well as cultivation, possession and acquisition for personal consumption be exempt from punishment. Further points are the regulation of cultivation, manufacture, trade as well as import and export by the federal government. The third part of the initiative also calls for the protection of minors and a ban on advertising for psychoactive substances from the hemp plant from the federal government.

text

The federal constitution is amended as follows:

Art. 105a (new) hemp
1 The consumption of psychoactive substances from the hemp plant as well as their possession and acquisition for personal use are exempt from punishment.
2 There is no penalty for growing psychoactive hemp for personal use.
3 The Confederation issues regulations on the cultivation, production , import and export of and trade in psychoactive substances from the hemp plant.
4 The federal government takes suitable measures to ensure that the protection of minors is adequately taken into account. Advertising for psychoactive substances from the hemp plant as well as advertising for the use of these substances is prohibited.

Arguments of the initiative committee

The non-partisan initiative committee and author's committee of the Pro Youth Protection - Against Drug Crime initiative consists of the Council of States This Jenny (SVP), Theo Maissen (CVP), the National Councilors Christa Markwalder (JFDP), Anne-Catherine Menétrey-Savary (Greens), Geri Müller ( Greens), Maria Roth-Bernasconi (SP), Ursula Wyss (SP) and Dick Marty (FDP) together. The initiative committee argues that the initiative would create order that would end the “arbitrariness” and would enable preventive action and early intervention. The committee also believes that today's cannabis ban is superfluous and pumps billions into the illegal market every year.

Position of the Federal Council, Federal Assembly and parties

The Federal Council and the Federal Assembly recommend the initiative to be rejected. In the message on the popular initiative, the Federal Council stated that the popular initiative does not conflict with the Federal Council's previous drug policy. He recommends rejecting the initiative because parliament has decided to work out a proposal on the hemp issue following the revision of the Narcotics Act. In addition, the Federal Council is convinced that the cannabis issue should not be regulated at the level of the federal constitution. The Federal Council also commented on compatibility with international treaties. The 1961 Uniform Convention on Narcotic Drugs and the 1988 United Nations Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances are specifically affected . In its dispatch, the Federal Council estimates that the demand for the impunity of cannabis use is unproblematic. The impunity of “preparatory acts (possession, cultivation and acquisition)” is controversial, but in view of the initiative in 2005, Switzerland made a reservation when ratifying the 1988 Convention.

In December 2007, a majority of the National Council voted to reject the initiative. With 106 to 70 votes, the vote was against the initiative. The SVP , the CVP and the majority of the FDP parliamentary group rejected this proposal, while the SP and the Greens supported controlled liberalization.

In June 2008, the Christian Democratic People's Party adopted the no-slogan with 170 votes to 48. Among other things, she criticized the title of the bill, as it was "misleading" and the referendum did not allow efficient youth protection. In contrast to the Federal Council, the legalization of cannabis contradicts international agreements for the CVP.

The Social Democratic Party spoke out in favor of the hemp initiative after the signatures were submitted. The delegates' meeting in June 2008 also adopted the official yes slogan. As the only bourgeois party, the delegates of the Free Democratic Party narrowly voted for a yes slogan.

Voting result

Voting result according to cantons
   Yes (0 positions) -    No (23 positions)

The popular initiative came to a vote on November 30, 2008.

Preliminary official final result:

Canton Yes (%) No (%) Participation
Kanton AargauKanton Aargau Aargau 63,924 (37.1%) 108,349 (62.9%) 45.7%
Canton of Appenzell AusserrhodenCanton of Appenzell Ausserrhoden Appenzell Ausserrhoden 6,610 (37.0%) 11,260 (63.0%) 48.8%
Canton of Appenzell InnerrhodenCanton of Appenzell Innerrhoden Appenzell Innerrhoden 1,382 (33.0%) 2,807 (67.0%) 39.4%
Canton of Basel-CountryCanton of Basel-Country Basel-Country 31,229 (36.4%) 54,594 (63.4%) 47.5%
Canton of Basel-StadtCanton of Basel-Stadt Basel city 25,377 (44.7%) 31,354 (55.3%) 51.1%
Canton BernCanton Bern Bern 115,956 (39.0%) 181,288 (61.0%) 42.7%
Canton of FriborgCanton of Friborg Freiburg 25,101 (30.3%) 57,686 (69.7%) 48.1%
Canton of GenevaCanton of Geneva Geneva 36,971 (37.9%) 60,486 (62.1%) 43.3%
Canton of GlarusCanton of Glarus Glarus 3,691 (36.5%) 6,434 (63.5%) 40.4%
canton of Grisonscanton of Grisons Grisons 22,186 (38.7%) 35,071 (61.3%) 44.7%
Canton of JuraCanton of Jura law 7,747 (32.2%) 16,315 (67.8%) 48.8%
Canton lucerneCanton lucerne Lucerne 41,673 (35.8%) 74,818 (64.2%) 48.1%
Canton of NeuchâtelCanton of Neuchâtel Neuchâtel 13,657 (28.5%) 34,234 (71.5%) 46.0%
Canton of NidwaldenCanton of Nidwalden Nidwalden 4,264 (32.0%) 9,077 (68.0%) 46.4%
Canton of ObwaldenCanton of Obwalden Obwalden 3,640 (33.1%) 7,342 (66.9%) 47.5%
Canton of SchaffhausenCanton of Schaffhausen Schaffhausen 11,191 (40.6%) 16,349 (59.4%) 60.8%
Canton of SchwyzCanton of Schwyz Schwyz 14,630 (33.6%) 28,886 (66.4%) 46.3%
Canton of SolothurnCanton of Solothurn Solothurn 28,495 (37.6%) 47,232 (62.4%) 45.2%
Canton of St. GallenCanton of St. Gallen St. Gallen 52,034 (37.5%) 86,850 (62.5%) 47.3%
Canton of TicinoCanton of Ticino Ticino 27,082 (33.6%) 53,452 (66.4%) 40.1%
Canton of ThurgauCanton of Thurgau Thurgau 23,174 (33.9%) 45,120 (66.1%) 45.9%
Canton of UriCanton of Uri Uri 3,415 (35.9%) 6,098 (64.1%) 38.9%
Canton of VaudCanton of Vaud Vaud 56,593 (28.8%) 140,245 (71.2%) 51.0%
Canton of ValaisCanton of Valais Valais 32,306 (29.4%) 77,707 (70.6%) 57.4%
Canton of ZugCanton of Zug train 12,412 (35.8%) 22,290 (64.2%) 50.0%
Canton ZurichCanton Zurich Zurich 183,730 (43.3%) 240,992 (56.7%) 52.0%
Federal coat of arms Swiss Confederation 848,470 (36.8%) 1,456,336 (63.2%) 46.1%

Web links

Individual evidence

  1. ↑ parliament.ch: Message of December 15, 2006 on the popular initiative "For a sensible hemp policy with effective youth protection" (BBl 2007 245) (accessed on May 21, 2008)
  2. ↑ Voting results on SF.tv (accessed November 30, 2008)
  3. ↑ admin.ch: referendum of September 28, 1997
  4. ^ Wording of the popular initiative “Youth without drugs” ( Memento from December 27, 2004 in the Internet Archive )
  5. ↑ admin.ch: Results of the popular initiative «for a sensible drug policy»
  6. ↑ Wording of the popular initiative "for a sensible drug policy"
  7. ↑ admin.ch: Cannabis Report 1999, from May 10, 1999 ( Memento from January 27, 2016 in the Internet Archive )
  8. ↑ cannabislegal.de: Legal text revision BetmG of the BAG
  9. ↑ admin.ch: Federal Council Message of March 9, 2001
  10. ↑ a b c d e message on the popular initiative “for a sensible hemp policy with effective youth protection” (PDF; 551 kB)
  11. ↑ admin.ch: wording of the initiative (accessed on May 22, 2008)
  12. ↑ projugendschutz.ch: Co-Presidium of the Initiative Committee
  13. ↑ projugendschutz.ch: Argumentarium  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Dead Link / www.projugendschutz.ch  
  14. ↑ Voting slogans on the Parliament's website  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Dead Link / www.parlament.ch  
  15. ↑ nzz.ch: National Council rejects hemp initiative from , of 12 December 2007
  16. ↑ news.ch: CVP says no to the hemp initiative , June 18, 2008
  17. ↑ chanvre-info.ch: The SP Switzerland welcomes the submission of the popular initiative "PJgD"
  18. ↑ 20min.ch: SP and FDP say yes to the hemp initiative , from June 28, 2008
  19. ↑ swissinfo.ch: FDP: Narrow yes for the hemp initiative , from June 28, 2008
  20. ↑ Template No. 538, preliminary official final results - Swiss Federal Chancellery, November 30, 2008