What does the law say about cannabis in Switzerland? In Switzerland, the cultivation and sale of the cannabis plant are permitted. The only condition imposed by the Swiss Confederation is that the plant contains less than 1% THC, which is the psychoactive molecule responsible for strict regulations surrounding the plant. All plants containing more than 1% THC are considered illegal and are subject to federal narcotics and psychotropic substances law. However, Article 19 below explains that it is legal to possess 10 grams of psychoactive cannabis.
Art. 19
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b1 1 A person who only consumes drugs in minimal quantities, prepared for personal use or who allows third parties over the age of 18 to consume them simultaneously after their free delivery, is not punishable.
2 Ten grams of cannabis narcotics are considered a displayed minimal quantity.
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Can someone produce and sell CBD cannabis?
Yes, but not in any way. CBD cannabis flowers are no longer considered substitutes for tobacco, but there are still rules governing their trade as tobacco products and products containing tobacco substitutes for smoking products. There are no restrictions on cultivation, but there are rules for the trade of CBD, especially regarding packaging. A sample must also be submitted to the FOPH.
Furthermore, the cultivation of CBD is legal and does not require a permit for residents of Switzerland. However, the amount of CBD cannabis that can be produced without notifying the authorities varies by canton.
What is the legislation on cannabis oils?
Derivatives from cannabis plants like CBD oil are not considered substitutes for tobacco. Other laws govern these products, such as chemical or food laws. Currently, it is not possible to sell cannabis oil for food with a CBD content likely to affect the body, as Swiss Medic is currently reviewing laws that specifically regulate this product. For example, a person wanting to treat sleep disorders or pain from arthritis does not have the same dosage at the same time of day. In the meantime, the FOPH prefers to prohibit the sale of CBD in oil form, which must be absorbed until it has decided on the specific effects of CBD.
Currently, CBD oils are legal when sold as a chemical product in the form of essential oil. Cannabis extract is recognized according to European standards, but mandatory preparation claims must accompany its marketing. It is prohibited to use them to sell food or medical instruments.
This process can take many years, but it is currently illegal to sell CBD oil with packaging that suggests the product is safe, not to mention the customers who purchase it, as it is a chemical product that takes the risk of not being used as food or medical device.
If you see no warnings on a commercially available CBD oil bottle, it is because the levels of CBD present in the oil are too low to have an effect (aromatic cannabis), or the manufacturers do not comply with applicable laws and do not adhere to Swiss manufacturing standards. The pictogram, which indicates that it is a chemical product, is a guarantee of the quality of your oil and its absence is an attempt to deceive the customer. Therefore, we advise against oils without necessary warnings: at best, you risk having a product that will have no effect.
What is the minimum age to buy CBD cannabis?
As CBD cannabis is considered a substitute for tobacco, you must be of legal age to consume it.
Can a doctor prescribe cannabis?
A doctor cannot prescribe cannabis in the form of a plant. The only cannabis medication a doctor can prescribe is Sativex. It is reserved for adults with multiple sclerosis who suffer from muscle spasticity that does not respond to other medications. The Federal Council and the National Council are in favor of revising the law to extend access to medical cannabis. However, the State Council still needs to take a position. If you want to know more about medical cannabis, this article for you: what is medical cannabis?
Is the cannabis I can buy in Switzerland legal elsewhere in Europe?
Europe prohibits cannabis containing more than 0.2% THC, which is below the 1% limit set by the Swiss Confederation. In most EU countries, it is illegal to import cannabis flowers containing more than 0.2% THC. For once, Spain and the Netherlands tolerate the possession of cannabis. It is possible to import flowers into Belgium if there is less than 0.2% THC. However, France prohibits the marketing of the flower but allows oils and e-liquids with 0% THC. It is possible to return other products with less than 0.2% THC, such as food or cosmetics. We recommend that you inquire exactly about the legislation in force in your country.
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