What is allowed and what is not?

CBD in Switzerland

Disclaimer:
The legal situation regarding CBD in Switzerland is very complex and not every aspect is clearly defined. This text is intended to provide a simple overview of the topic, but is in no way intended to constitute legal advice.

Products containing cannabidiol (CBD) are becoming increasingly popular in Switzerland and the range of CBD products on offer is growing steadily and includes pure CBD, food supplements, foods, extracts in the form of oils or pastes, drops, cosmetics, tobacco substitutes, liquids for e-cigarettes, chewing gum and much more.

Since CBD has no psychoactive effects, it is not subject to the Narcotics Act, unlike THC, and is therefore not prohibited. However, this does not mean that CBD can simply be added to various products at will.

"For a product to be legally marketed, it must comply with the legislation under which it is placed on the market: Depending on the classification, the relevant Swiss legislation applies."

https://www.swissmedic.ch/swissmedic/de/home/news/mitteilungen/produkte-mit-cannabidiol--cbd----ueberblick.html

Pharmaceuticals

In principle, it is possible to offer products containing CBD as therapeutic products (medicinal products), but this is only possible with a corresponding authorization from Swissmedic or the cantonal authorities. In addition to the basic requirements for medical products, the promised efficacy must also be proven.

Food:

CBD-containing foods are considered novel foods* by the European Commission and can therefore only be placed on the market with a permit from the Federal Food Safety and Veterinary Office (FSVO) or with an authorization from the European Commission.

Currently, there are no CBD-containing foods that have been approved in Switzerland, but there are a large number of applications for approval that are currently being examined by the European Commission.

In contrast to CBD-containing foods, the following products, for example, are not considered novel foods as they were demonstrably consumed as food before 15 May 1997 and therefore do not require approval from the FSVO:

  • Hemp seeds
  • Hemp seed oil
  • Hemp seed flour
  • Defatted hemp seeds

*Novel foods are defined as foods that were not consumed to any significant extent in Switzerland or in an EU member state before May 15, 1997.

Cosmetics:

The use of CBD in cosmetic products is generally permitted in Switzerland, provided that the CBD is synthetic or is not obtained from cannabis (i.e. from non-resinous flower or fruit stems). However, pure cannabis resin and CBD derived from it may not be used in cosmetic products and

In addition, the THC content must be below 1% for cosmetics as well as for other CBD products.

The last important criterion for the use of CBD in cosmetic products is the safety report, which must prove that the ingredients and constituents (including CBD) are harmless.

Tobacco substitute products:

CBD flowers, which are sold as tobacco substitutes for smoking, may be sold as long as the THC content is below 1.0%. The manufacturer is obliged to self-regulate and must report the products to the FOPH before they are placed on the market.

Chemicals:

CBD products can be legally offered as chemicals, whereby the chemicals legislation regulates the packaging and labeling of the products. The manufacturer is obliged to self-regulate here - i.e. they must assess whether a product appears to be intended for applications that would fall under other legal provisions. For example, if a CBD fragrance oil is sold in a cartridge for e-cigarettes, this would fall under the provisions for articles of daily use and not under chemicals legislation.

Due to the different regulations for different product categories in Switzerland, there is often confusion/uncertainty about which CBD products may be manufactured/offered. With the increasing popularity of CBD products and the growing range of different CBD products, the legislation will continue to adapt in the future and should also become clearer

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