Swiss Law On Cannabis

Switzerland has always been an exciting market for Cannabis. The main reason is that it is located in the centre of Europe but it is still not part of the European Union. Because of this, its Cannabis market is quite independent of the speed of the reforms introduced by EU states. Therefore, Cannabis has been legally sold in the form of low potency products for around nine years.

When it comes to the cannabis laws in Switzerland, it is important to understand that the cannabis plant has many forms. One of these forms is hemp. Hemp is, in fact, one of the world’s oldest crops.

Each cannabis plant has various active substances. The main ones are Cannabidiol (CBD) and Tetrahydrocannabinol (THC).

THC is, in fact, a psychotropic substance, which is responsible for getting ‘high’. No matter how precisely Cannabidiol is extracted, it usually contains minute traces of THC. Therefore, the legality of cannabis is determined through the quantity of THC.

Therefore, forms of cannabis plants that contain negligible amounts of THC are not banned under Swiss narcotics legislation, provided they contain less than one percent THC.

As far as the Cannabis laws in Switzerland are concerned, let’s begin with the simplest question:

Is Cannabis legal in Switzerland:

Yes and No. Switzerland is the only country that came up with the legalization of Cannabis with less than 1% THC. All the CBD products having more than 1 % of THC is a narcotic drug as per the Swiss Narcotic Legislation.

When it comes to the Swiss laws on cannabis, the prime factor for them to legalize cannabis driven products lies in their effect. The authorities recognize the fact that CBD products with less than 1% THC don’t get you high. And if the amount of THC exceeds 1%, it becomes narcotic. Production, possession and use of more than ten grams of narcotics are strictly forbidden under Article 19 of the Federal Act on Narcotics and Psychotropic Substances.

Can I sell Cannabis in Switzerland:

As we know that Cannabidiol with 1% THC is legal in Switzerland. Can everyone sell it? Despite being legal, the government of Switzerland put a great emphasis on the fact that legalization of Cannabis doesn’t mean that we can sell it legally.

In order to sell a CBD product having 1% or less THC legally, we must identify the category of that product. The products categories can be one of the following in the list.

Food

Cosmetics

Utility (for instance liquid for e-cigarette)

Chemical

Medicinal CBD

Tobacco substitute

After assigning a suitable category to the product, one must keep up with the relative law of the respective category as each category has its own laws to sell their CBD product without any issues.

In case someone gets caught selling smaller amounts of CBD illegally, fines are imposed keeping the individual’s financial condition in view. However, for sale and supply of CBD products on a large scale, there are more severe penalties with prison terms as well.

Can I cultivate cannabis in Switzerland?

When it comes to the cannabis cultivation of industrial hemp, it is legal as long as the THC rule is followed.

Despite being so lenient, Swiss laws on cannabis cultivation allow the cannabis cultivation of only certain varieties of the cannabis plant at home. In order to know which cannabis varieties are legal, we must follow the rule of thumb.

1. They should not get you high.

2. They should not have more than 1% of THC.

3. Despite the fact that the quantity of THC is less than 1%, these are still sold as recreational products.

Can I sell products with more than 1 % THC:

CBD product having more than 1% of THC can only be categorized as medicinal CBD which can be sold or supplied on a doctor’s prescription

Punishment for the offences:

A fine of around CHF 100 is imposed on an adult individual, who gets caught possession or using more than 10 grams of illegal cannabis that is cannabis with higher THC. If the amount of illegal cannabis is below 10 grams, it has been decriminalized.

Resources:

https://www.ch.ch/en/cannabis/#akk-77533

https://www.bag.admin.ch/bag/de/home/gesund-leben/sucht-und-gesundheit/cannabis.html

https://www.admin.ch/opc/en/classified-compilation/19981989/index.html#a19b

https://internationalcbc.com/switzerland-a-hotbed-for-cannabis-law-reform/