Cannabis use and possession in Switzerland - What is permitted, what is punishable?
Cannabis is one of the most frequently consumed illegal substances in Switzerland – especially among adolescents and young adults. Despite the social debate about possible legalization, cannabis consumption and possession remain fundamentally prohibited in Switzerland.
But what does this mean in everyday life? And when are fines, previous convictions or even entries in the criminal record threatened?
Criminal liability for cannabis use and possession in Switzerland
In practice, cannabis use and possession are assessed differently, with the legislator providing for different consequences for small quantities for personal use and one-off acts of consumption:
- Consumption of cannabis → fine of CHF 100, provided it is a one-off act of consumption.
- Possession of less than 10 grams → unpunishableif purely for personal use.
- Possession of more than 10 grams → punishable, even for personal use.
- Transfer or sale → clearly punishable, regardless of the quantity.
Attention: Cannabis consumption and possession by minors is generally prohibited and will be punished.
What applies to regular or repeated consumption?
The administrative fine of CHF 100 is only permissible if it is a one-off act of consumption. Anyone who has consumed cannabis several times or has consumed it regularly will no longer be sanctioned via the administrative fine procedure.
In these cases, the police initiate ordinary criminal proceedings with the public prosecutor’s office. The consequence:
- Penalty order with fine (e.g. CHF 300-500)
- Procedural costs of CHF 400 to 800
- As a rule, no entry in the criminal record as long as the fine is less than CHF 5,000 and no additional penalty is imposed
Important: Refusal to testify protects against unpleasant surprises
Many proceedings only escalate because those affected incriminate themselves – for example by making statements such as “I smoke every weekend” or “I regularly have small amounts with me”.
Making statements to the prosecuting authorities without first consulting a lawyer is always tricky and can be legally disadvantageous.
👉 Our recommendation: In the best case scenario, always consult a lawyer first. In addition, generally
Criminal record entry for cannabis use
An administrative fine for a single act of consumption does not lead to an entry in the criminal record, although different rules apply to juveniles.
Even repeated consumption, which is punished with a penalty order, does not necessarily lead to an entry in the criminal record.
An entry in the criminal record is only made if:
- a fine or custodial sentence is imposed
- or a fine in excess of CHF 5,000 is imposed
- or other offenses are added
Cannabis use and road traffic?
Driving under the influence of cannabis is generally a bad idea and usually results in a penalty order with a fine or prison sentenceand an entry in the criminal record, as well as the withdrawal of your driver’s license.
CBD products – legal or not?
Products with a THC content of less than 1% are not considered narcotics in Switzerland. The sale and consumption of CBD products is generally permitted – but only in compliance with legal requirements (product safety, advertising, etc.).
Important: Even with legal products, misinterpretations can occur due to rapid tests. If you want to be on the safe side, you should find out exactly what the ingredients are.
Political developments: Legalization in sight?
Various cities – including Zurich, Basel and Lausanne – are currently conducting pilot projects in which the legal purchase of cannabis is possible under strictly controlled conditions. However, nationwide legalization remains politically controversial – and is currently not foreseeable at federal level.
Conclusion: cannabis use (still) punishable – with far-reaching consequences
Despite social relaxation, the legal situation in Switzerland remains clear: cannabis consumption and possession are prohibited, apart from a few exceptions for very small quantities. Nevertheless, a cannabis offense is not a trivial matter – especially in the case of repeated use or suspected distribution, there is a risk of costly proceedings.
Have you been reported for cannabis?
We advise you discreetly and competently. The lawyers at FF-Law specialize in criminal law and administrative law – in particular criminal proceedings and driving disqualifications.
📞 Contact us for an initial consultation (CHF 330.00) – on site or online.
FAQ: Frequently asked questions about cannabis use and possession in Switzerland
Possession of less than 10 grams of cannabis is exempt from punishment under Art. 19b NarcA, provided the quantity is intended exclusively for personal use. However, possession of more than 10 grams is also punishable for personal use.
This depends on the frequency. If it is proven to be a one-off act of consumption, an administrative fine of CHF 100 is due. In the case of repeated or regular consumption, however, the police will initiate ordinary criminal proceedings, which will result in a higher fine (e.g. CHF 300-500) and additional procedural costs of several hundred francs. It is therefore important to consult a lawyer before making any statements to the prosecution authorities.
As a rule, no. An administrative fine for one-time consumption does not result in an entry. Even a summary penalty order for repeated consumption does not necessarily result in an entry. An entry in the criminal record is only made if a fine or custodial sentence is imposed, the fine exceeds CHF 5,000 or other offenses are added.
Yes, products with a THC content of less than 1% are not considered narcotics in Switzerland and their consumption and sale are generally permitted. However, it should be noted that rapid police tests for legal products can lead to misinterpretations.
Matthias Fricker
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the University of St. Gallen, graduating with a Master in Law (M.A. HSG in Law) in 2012, registered in the Bar Register of the Canton of Zurich, member of the Zurich Bar Association.
Fabian Füllemann
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the Universities of St. Gallen and Zurich, graduating with a Master of Law UZH in 2013, registered with the Zurich Bar Registry, member of the Zurich Bar Association.
