The consumption of cannabidiol (CBD) products is growing in popularity around the world, particularly in Switzerland. Derived from hemp, CBD is appreciated for its relaxing and therapeutic effects without the psychoactive effects of cannabis. In Switzerland, the legislation on CBD is quite flexible compared to other European countries. In this article, we will study the legal and regulatory aspects related to the CBD content of the different categories of products available on the Swiss market.
The maximum legal level of THC in CBD products
The key element that distinguishes cannabis from hemp and CBD is the concentration of tetrahydrocannabinol (THC), a psychoactive component present in the plant. Thus, for a CBD product to be considered legal in Switzerland, it must respect the limit established for its THC content.
The legal limit in Switzerland for CBD products is set at 1% THC. This rule applies to both dried hemp flowers and other items such as oils or capsules. An advantage of this Swiss standard is that it allows for greater availability and diversity of products for local consumers compared to other European countries where the permitted THC threshold is generally 0.2% or less.
The different categories of CBD products and their regulations
The Swiss market offers a wide range of products containing CBD. Depending on their use and cannabinoid content, they are subject to different regulations. We will review the main product categories with their respective legislation.
Hemp flowers and leaves
Very popular in Switzerland, dried hemp flowers are marketed for consumption in the form of herbal teas or inhaled by vaporization. They must respect the maximum legal level of 1% THC to be considered compliant with the law. These products are not permitted for recreational purposes or self-medication. Their sale is also prohibited to minors.
Oils and food supplements
CBD oils and capsules are also available on the Swiss market as food supplements. These products must also comply with the 1% THC limit imposed by Swiss legislation. In addition, it should be noted that food supplements containing CBD cannot claim medicinal properties without government authorization.
Cosmetics and personal care products
Swiss legislation authorizes cosmetic and personal care products based on CBD if their THC content remains below the authorized threshold. This includes creams, balms, gels, lotions, and even soaps. These items must comply with labeling regulations and not mention unapproved therapeutic properties.
Taxation of CBD products
In Switzerland, products containing CBD are subject to different types of taxes depending on their use and their compliance with legislation. Here is an overview of the main applicable taxes:
- Tax on tobacco products: Dried hemp flowers and leaves that meet the legal criteria (i.e. with less than 1% THC) are considered tobacco substitutes and taxed accordingly.
- Value added tax (VAT): CBD-based products such as oils, capsules, or cosmetics are subject to VAT at the standard rate of 7.7% in Switzerland.
Medical supervision for prescribing CBD
Although CBD is commonly used for its relaxing properties or for the treatment of various ailments, it is not authorized in a strictly medical context in Switzerland without a prescription. However, some doctors may prescribe CBD in oil or capsule form provided they have special permission from the government. It is therefore essential to consult a healthcare professional to assess the suitability of CBD treatment.
Product control and precautions to take
In order to guarantee compliance with the maximum legal level of THC, the Swiss authorities regularly carry out checks on CBD products available on the market. Sanctions for non-compliance can range from seizure of goods to fines or criminal prosecution. It is therefore crucial for consumers and traders to ensure the quality and conformity of the items they purchase.
In summary, Switzerland has adopted flexible and open legislation with regard to CBD, notably allowing a higher THC level compared to its European neighbors. However, it is essential to know the rules and conditions governing the production, sale and consumption of these products to use them legally.
