Thousands of patients already use medical cannabis. Those who are dependent on such cannabis medicines will in the future be able to obtain them more easily from doctors, as decided by the Swiss parliament in March 2021.
Those who are dependent on such cannabis medicines will in the future be able to obtain them more easily from doctors, as decided by the Swiss parliament at the beginning of March 2021. However, doctors will remain obliged to report such treatments to the Federal Office of Public Health (FOPH)..
The Federal Council wants to make it easier for sick people to access these medicines. It therefore proposed the lifting of the ban on cannabis for medicinal purposes and submitted the dispatch on the amendment of the Narcotics Act to parliament on June 24, 2020. In the consultation period from June 26 to October 17, 2019, the amendment was welcomed by the cantons, political parties and other interested parties.
In Switzerland, cannabis is currently considered a prohibited narcotic and is subject to a comprehensive traffic ban. Cannabis may therefore not be cultivated, produced, imported, exported or distributed. Currently, the medical use of cannabis ("medical cannabis") is therefore only possible to a limited extent and with an exceptional permit from the FOPH.
he active ingredient tetrahydrocannabinol (THC) is used in medical practice primarily for: chronic pain conditions (e.g., neuropathic or cancer-induced pain); spasticity and convulsions caused by multiple sclerosis or other neurological diseases; and nausea as well as loss of appetite as a result of chemotherapy.
Research into the efficacy of the medical use of medical cannabis is still in its infancy, which is why its effect is still insufficiently proven scientifically. For many applications, there are field reports, but no clinical studies that prove the quality, safety and efficacy of medicinal cannabis. Systematic clinical research is primarily the responsibility of the pharmaceutical industry.
In Germany, medical cannabis has been marketable and prescribable since 2011. Since 2017, doctors in Germany have also been able to prescribe cannabis flowers and cannabis extracts to their patients, and health insurance companies may even cover the costs. Other European countries such as Italy, Croatia and the Netherlands have also long since legalized medicinal cannabis.
In recent years, demand for cannabis treatments has also risen sharply in Switzerland. In 2019 alone, the FOPH has issued almost 3,000 exceptional licenses. This is administratively burdensome, delays the individual treatments and no longer corresponds to the exceptional character that the legislator originally envisaged with the Narcotics Law.
Currently, Sativex® is the only medical cannabis approved in Switzerland. It can already be prescribed without an exceptional license from the FOPH, but only for the treatment of spastic convulsions in multiple sclerosis.
With the upcoming revision of the law, the Federal Council wants to make better use of the scientifically proven potential of cannabis as a medicine. Sick people should have access to cannabis medicines without much bureaucracy.
The Council of States unanimously adopted the proposed amendment to the law after the National Council had already approved it in the winter session. Compared to the Federal Council's proposal, the upper chamber added that the FOPH should also collect data on side effects during monitoring. The Council of States agreed to this.
The amendment was approved in the final vote on 19 March 2021 and is expected to come into force in 2022. The amendment also regulates the cultivation, production, processing and trade of medicinal cannabis. Swissmedic is envisaged as the licensing authority.
In concrete terms, the revision of the law will have the following effects:
The amendment to the law is not expected to change the requirements for social insurance reimbursement of the costs of medical cannabis. At the moment, these are only covered by compulsory health insurance in exceptional cases. However, the FOPH is currently having a review carried out to determine whether there is a need for action. In the process, the evidence on the efficacy and cost-effectiveness of medical cannabis is being comprehensively assessed.
Our specialized and experienced team will be happy to assist you in all legal matters related to medical cannabis. We advise you in connection with the prescription, use and distribution of medical cannabis products.