What does the Swiss cannabis law say?

In Switzerland the cultivation and sale of the cannabis plant is allowed. The only condition applied by the Swiss Confederation is that the plant contains less than 1% THC which is the psychoactive molecule responsible for the strict regulation that surrounds the plant. All plants with more than 1 THC are considered narcotic and are governed by the Federal Narcotics and Psychotropic Products Act. Article 19 below, however, explains that it is legal to possess ten grams of psychoactive cannabis.

Art. 19b ¹

Can everyone produce and sell CBD cannabis?

Yes but not just any way. CBD cannabis flowers are no longer considered tobacco substitutes, but rules regarding their trade still exist under the Tobacco Products Ordinance and products containing tobacco substitutes for smoking. There are no restrictions on cultivation, however there are rules for trading in CBD. Especially in terms of packaging. A sample should also be submitted to the PSOPH.

In addition, CBD cultivation is legal and is not subject to authorisation for individuals residing in Switzerland. However, the amount of CBD cannabis that can be produced without having to inform the authorities varies depending on the cantons.

What is the cannabis oil legislation?

Cannabis plant derivatives such as CBD oil are not considered a tobacco substitute. Other laws regulate them, such as chemicals or food. It is not possible at this time to sell cannabis oil for food use with a CBD level that can have an effect on the body, as Swiss Medic is currently considering legislation to specifically regulate this product. For example, a person who wants to treat their sleep disorders, or arthritis pain, will not have the same dosage to take at the same time of day. In the meantime, the OFSP prefers to prohibit the sale of CBD in the form of ingesting oil, until it has ruled on the exact effects of CBD.

Currently, CBD oils are legal if they are sold as a chemical, in the form of essential oil. Cannabis extract is recognised by European standards,but claims of mandatory prevention must accompany its marketing. It is forbidden to sell them as a food or medical product.

This process may take many years, but it is in the meantime illegal to sell CBD oil to be ingested with packaging suggesting that the product is safe, without mentioning to customers who buy it that it is a chemical of which they assume the risks alone, and not a food or medical product.

If you do not see prevention on a commercially available vial of CBD oil it is because the quantities of CBD present in the oil are too small to have an effect (cannabis for aromatic use), or that manufacturers do not follow current legislation and do not follow Swiss manufacturing standards. The pictogram stating that it is a chemical is a guarantee of the quality of your oil, and its absence an attempt at deception of the customer. We therefore advise 20th to purchase oils without any claim of prevention: you may have, at best, a product that will not produce any effect.

What is the minimum age to be eligible to buy CBD cannabis?

As CBD cannabis is considered a tobacco substitute, it is necessary to be of age to be able to use it.

Can a doctor prescribe cannabis?

A doctor cannot prescribe cannabis as a plant. The only cannabis-based drug a doctor can prescribe is Sativex. It is reserved for adults with multiple sclerosis with muscular hypertonia that do not respond to other medications. The Federal Council and the National are in favour of a revision of the law extending access to medical cannabis. However, the Council of State has yet to position itself. If you want to learn more about medical cannabis, this article is for you: What is medical cannabis?

Is the cannabis I can buy in Switzerland legal elsewhere in Europe?

Europe bans cannabis with more than 0.2 THC, which is below the limit of 1 set by the Swiss Confederation. It is illegal to import cannabis flowers with more than 0.2 THC in most European Union countries. Exceptionally, Spain and the Netherlands tolerate possession of cannabis. It is possible to import flowers into Belgium, if there is less than 0.2 THC. France, on the other hand, prohibits the marketing of the flower, but allows oils and e-liquids with 0 THC.
Other products containing less than 0.2 THC, such as food or cosmetics, can be brought back.
We advise you to find out more about the legislation in your country.