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The Federal Office of Public Health (FOPH) is responsible for the cultivation of cannabis. A company wishing to cultivate cannabis requires a permit from the office. This allows cultivation and harvesting - but the sale to consumers is not permitted.
There are already some companies that are allowed to grow hemp with a THC content of 1 % or more – initially mainly for research and breeding, whereby the harvests had to be destroyed. For some years now, these companies have been supplying the pilot projects. Sales are possible within this framework, so there is no direct sale to consumers.
According to the CanPG, a license for cultivation is only granted to those who are not listed in the criminal register for the previous NarcA. This is offensive because it would mean that the previous NarcA and the repression were correct. These were and are wrong.
Anyone who meets the conditions for a cultivation permit is granted one. The company is then allowed to cultivate without restriction. However, the result is then simply “cannabis”. This may not be sold to consumers.
It may only be sold to companies that produce source material or “cannabis products” (again with a permit). It is also possible to apply for a license for cultivation and production (see next page) and to carry out these steps in the same company.
In both cases, however, there is no guarantee that the harvest or products can be sold. This requires a licensed sales outlet that is willing to accept the products (see the page after next). If you can't find one, you're stuck with your production.
Central to the CanPG is that cultivation and production are strictly separated from sale to consumers. It will therefore never be possible to market the harvest directly yourself. And the same applies vice versa:
Those who sell must not be involved in cultivation and production. This is intended to ensure greater control, but it is ultimately a bureaucratic restriction that imposes major risks on growers.
Magazine Legalize it! #110
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