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Medical cannabis under 18 in Switzerland - The rules

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Medical cannabis under 18 in Switzerland - The rules

Chronic diseases and other diseases that can be treated with cannabis are not limited to one age. Ill children and adolescents under the age of majority could also benefit from medicinal cannabis. More and more parents want to use this plant for their children, but what is the legal situation in Switzerland? Is this even allowed? Can medicinal cannabis be prescribed to minors?

In this article, you will find out what the current legislation looks like, what requirements apply for a medical prescription, what risks need to be taken into account and why the responsibility lies particularly with the treating professionals.

Cannabis in Switzerland - what applies in principle

In Switzerland, cannabis with a THC content of 1 % or more is still considered a prohibited substance under the Narcotics Act (NarcA). Possession, cultivation and distribution are generally punishable by law, unless consumption is for medical reasons.

Here are a few more details at a glance:

-      For adults, possession of up to 10 g of cannabis for personal use is decriminalized and punishable by an administrative fine.

-      However, juvenile criminal law applies to young people under the age of 18. This means that if a minor is found with cannabis, the youth welfare office decides whether measures are to be taken.

-      The sale or supply of cannabis products containing THC to minors remains punishable in any case.

However, these rules relate to recreational use, i.e. cannabis without a medical indication. But what applies if a doctor is considering using it for medical reasons?

You can find out more about the legal classification directly from the Federal Office of Public Health (FOPH)

Medical cannabis - new regulation since 2022

Since 1 August 2022, doctors in Switzerland have been allowed to prescribe medicinal cannabis without the need for a special permit from the FOPH. This has significantly simplified access for patients.

Despite this relaxation, cannabis with THC remains a controlled medicinal product and its dispensing, storage and prescription are subject to strict regulations. Swissmedic

is responsible for the authorization and monitoring of these preparations:

-       Healthcare professionals must report every prescription (including indication, dosage, observed effects and side effects).

-       As a rule, health insurance companies do not automatically cover the costs, usually only if there is a clear medical necessity.

-       There are no over-the-counter products with a therapeutically effective THC content; all medicinal cannabis preparations are subject to narcotics law.

This means that medicinal cannabis is legally permitted, but only within a narrowly defined framework.

Under 18 - medical use only in exceptional cases

Below the age of majority, the use of medicinal cannabis becomes even more complex: there is no explicit legal permission or blanket ban for minors.

This means: a prescription is not excluded in principle, but is only possible in strictly justified individual cases, and exclusively under medical responsibility.

In practice, this means:

1.     There must be a clear medical indication, e.g. in the case of severe neurological or chronic illnesses, if other therapies are not sufficiently effective.

 

2.     Doctors must carefully weigh up and document the benefits and risks.

 

3.     Dispensing without a prescription or medical justification remains prohibited.

 

4.Any use that is not medically supervised falls under juvenile criminal law.

Technical literature and case reports show that cannabis has been used in rare cases in children and adolescents, for example for epilepsy, spastic paralysis or chronic pain. In these cases, however, it is used under strict medical supervision, with low doses and constant monitoring of possible side effects.

The FOPH also emphasizes that special attention must be paid to the developmental risks of minors: The brain is still maturing, which is why psychoactive substances such as THC should be used with particular care.

Infographic on the effects of cannabis on the brain

Legal practice in the cantons and distinction from pilot projects

At cantonal level (for example in Zurich or Geneva), there are currently no special regulations that separately permit or prohibit the use of medicinal cannabis for minors. Federal law therefore applies.

It is important to distinguish between:

-       medicinal cannabis (prescribed by a doctor, THC ≥ 1%, narcotic status)

-      recreational pilot projects (test programs for legal consumption for adults)

Only people aged 18 and over may participate in these pilot projects. Minors are generally excluded, regardless of whether they consume cannabis for medical reasons or not.

What this means in practice:

-        No supply to minors unless prescribed by a doctor.

-        No participation in pilot projects or recreational trials.

-       Protection of minors has priority : violations may have criminal or regulatory consequences.

A helpful overview of medicinal cannabis and its legal classification can be found directly on the FOPH's website.

Finally, there is no clear legal provision to date that prohibits medicinal cannabis for under 18-year-olds across the board.

However, the existing protection and narcotics regulations also apply here. This  means that cannabis is only prescribed in very specific medical cases, and even then only under strict medical supervision.

For parents and those affected:

-       Always seek advice from a medical specialist before considering cannabis as a form of treatment.

-       Be informed about side effects, interactions and the legal framework.

-       Avoid unauthorized procurement or use, as this can have consequences not only under criminal law, but also for your health.

For general information on the medical uses of cannabis in Switzerland, here are more articles about cannabinoids, mechanisms of action and legal developments.

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