Is CBD legal? Legal situation in Switzerland

The answer to this question is much more complex than you might think.

First of all: Yes, CBD oil is legal for consumers in Switzerland in any case. Buying CBD oil does not make you liable to prosecution under any circumstances as long as the THC limit of 1% is adhered to. However, the legal situation for suppliers is much more complex and is based on the intended use of the respective oils.

Regulations for providers

CBD oils may not be sold as foodstuffs, as they are classified as novel foods under European and Swiss regulations. A novel food authorization is required for the approval of such products, which, for political reasons, has not yet been granted to any product throughout Europe despite countless applications. The sale of CBD oils as food is therefore prohibited.

CBD flavored oils, on the other hand, are generally legal in Switzerland as long as they do not exceed the limit of 1% THC. Genuine CBD flavor oils that are also marketed as such are therefore not subject to food legislation and are therefore legal and approved for sale. ⚠️ But be careful: simply declaring CBD oils as flavored oils and then marketing them as food is not possible. Classification into the various product categories is based on the overall presentation and promotion (including social media, newsletters, websites, advertising, etc.) by the authorities. If aromatic oils are presented as foodstuffs, they are also treated as such by the authorities.

CBD oil in cosmetics

In the area of cosmetics, the situation is more differentiated. CBD can in principle be contained in cosmetic products, provided it is obtained from extracts of cannabis leaves and stems. However, this requirement makes it difficult to achieve significant CBD concentrations. Furthermore, according to most authorities in Switzerland, THC is not permitted in cosmetics. CBD oils for cosmetic use are therefore a gray area and it depends on the competent enforcement authorities whether a corresponding product is accepted or not.

In summary, this explains the legal situation regarding CBD oils, which is often very opaque for customers, and explains why CBD oils may not be sold as foodstuffs and therefore no intake or dosage recommendations may be given for aromatic oils that go beyond their use as aromatic oils.

More information

If you would like to find out more about this topic, please refer to the federal enforcement aid on CBD productswhich is intended to serve as a guideline for the cantonal enforcement authorities. Insert link to Swissmedic's enforcement aid if necessary?

In any case, it is important to pay attention to quality when buying CBD oils and to choose reputable suppliers. High-quality CBD oils are extracted from carefully cultivated hemp and undergo strict production and quality controls to ensure purity, safety and the correct concentration of CBD. Reputable suppliers value transparency and provide customers with comprehensive information about the origin, manufacturing process and ingredients of the products.

No, CBD gummies and other foods containing CBD are not permittedin Switzerland or anywhere else in Europe.

Incidentally, this restriction is based on the Single Convention on Narcotic Drugs, which Switzerland, along with most other Western countries, signed with the USA in 1961. This international agreement with the USA lays down rules on the legality of various substances classified as drugs, including cannabis. It also stipulates that cannabis may not be used in food.

😉 Fun fact: The treaty is also the reason why cannabis cannot simply be legalized in Switzerland. Complete legalization of cannabis would mean violating this international agreement and thus international law. For this reason, all attempts at legalization in Europe are currently being carried out as "pilot projects". These projects can be exempted from the ban under the term "research" and thus enable a legally compliant study of cannabis use and its effects without violating international law as a nation.

In summary, this means that due to existing legislation and international agreements, the sale of foods containing CBD, such as CBD gummies, is not legally permitted in Switzerland and Europe.

The situation regarding CBD vapes in Switzerland is complex, but in principle the sale of CBD vapes is permitted. Current legal regulations indicate that CBD vapes may be sold under certain conditions. As with other CBD products, the THC content in the vapes must be below 1% in order to meet the legal requirements.

Yes, CBD flowers for smoking are legal in Switzerland and may be marketed and sold as long as they do not exceed a THC content of 1%.

😉 Fun fact: Once again, CBD flowers may not be marketed for use as a baking ingredient, tea or other food, as they would fall under the Foodstuffs Act and would therefore not be marketable. So you see: sale for smoking ok, not ok for eating. Fortunately, the laws do not have to make sense.

It is also very important that consumers pay attention to high quality standards when buying CBD flowers. High-quality flowers not only ensure a better experience in terms of taste and effect, but also minimize the risk of adverse health effects. Poor quality or contaminated flowers can contain harmful substances that can release substances that are harmful to health when burned. It is therefore advisable to only purchase CBD flowers from trustworthy and transparent suppliers who subject their products to regular quality controls. This way, consumers can be sure that they are enjoying a pure and safe product. You can find more information on this topic in the guide CBD flowers - what you should look out for when buying.

Yes, CBD hash is legalin Switzerland. In principle, the same regulations apply here as for CBD flowers. It is also important to pay attention to the quality of CBD hash and to ensure that the THC content of 1% is not exceeded.

Just as with CBD flowers, it is also crucial to pay attention to the quality and reliability of the supplier of CBD hash. High-quality CBD hash from trustworthy manufacturers not only ensures a better experience, but also minimizes the risk of health problems due to possible contamination.

The legal situation for CBD cosmetics in Switzerland is complex, but has been largely discussed in previous sections. In principle, CBD is not prohibited in cosmetic products, but these products must comply with European standards and specifications. It is allowed to use CBD from cannabis leaves and stems for the production of cosmetics, whereas THC is not allowed in cosmetic products according to most authorities in Switzerland.

Although there is no explicit legal age restriction for the sale of CBD products, it is advisable for reputable suppliers to self-regulate and not sell CBD products to people under the age of 18. This approach contributes to the responsible use of CBD and protects young people.

There is no specific legal restriction on the CBD content in products, but here too the context of the product is decisive. For CBD in cosmetics and CBD vapes, there are guidelines that stipulate a "non-pharmacologically effective dosage", although the exact definition is not clearly defined. However, consumers do not need to worry about these limits, as they mainly concern the distribution and not the possession or consumption of CBD products. Under current legislation, CBD does not fall under the Narcotics Act (BTMG) under any circumstances as long as the THC limit of 1% is not exceeded.

Stores that sell CBD products must comply with a number of regulations:

• THC limit: All products must have a THC content of less than 1%.
• Product categorization: The category under which a CBD product falls determines the applicable legal regulations.
• Labeling and advertising: Misleading or inadmissible health claims must be avoided. Products must be correctly labeled.
• Selling to minors: Although not required by law, providers should act responsibly and carry out an age check.
• Product safety and quality: Products must undergo regular checks to ensure safety and quality.
• Registration and approvals: Depending on the product type, registrations or approvals may be required.
• Educate customers: Customers should be educated about the proper use and legal requirements of CBD.

⚠️ Why are sellers not allowed to provide information on the healing effects of CBD?

Sellers may not make any healing promises for CBD products, as this violates the Therapeutic Products Act. Health advice and recommendations on the use of CBD as a remedy should only be given by specialists, doctors or pharmacists.