A product is only an illegal narcotic if it contains more than 1% THC. What is below that is not covered by NarcA. What does this area of non-prohibited hemp look like? Depending on what a product is marketed as, different laws apply.

What is advertised as a medicine requires a license under the Therapeutic Products Act. If the products are intended for consumption, the Food Act applies.

There are also regulations for cosmetics, and there is also the Chemicals Law. We will not go into these areas in detail. If you are interested, you can find more information at IG Hemp.

As of 2016, hemp flowers with a very low THC content but a high CBD content came on the market more and more frequently. Cannabidiol (CBD) is one of the many cannabinoids in the hemp plant. When consumed, most feel little effect: most likely some sedation, but by no means a psychoactive effect as with THC-rich hemp varieties. CBD is not covered by NarcA, but there are still several other laws that need to be considered.

There have been and continue to be differing opinions as to which of our many laws apply here. One example of this is the assessment of whether or not CBD hemp flowers constitute tobacco substitutes.

At first, such blossoms were sold as raw materials, without any special intention of use. But then the customs administration came forward, declared such flowers as tobacco substitutes and demanded the tobacco tax due for them. Per kilogram, this costs 38 francs plus 25% of the retail price. So if 10 g are sold for 60 francs, a tax burden of 15.40 francs follows.

According to the state accounts of 2017 and 2018, 15 million francs such taxes were paid each, from which it can be concluded that the retail turnover is 60 million francs per year. The 2019 accounts no longer show this item. Perhaps they are embarrassed, because: In January 2020, the Federal Court found that the Directorate General of Customs was wrong. There is no legal basis for taxing hemp flowers as tobacco substitutes. Since then, this tax burden has ceased. The taxes that were wrongly levied have been refunded.

Unfortunately, the Federal Customs Administration has deleted the said page from its website without comment or redirection.

Original page as image (on 11/25/2020) from archive.org (retrieved on 3/19/2021).

The linked feedback form (also from archive.org)

However, picture warnings are still required, as on cigarette packets. The products must be reported to the FOPH, with submission of various documents.

⇒ Swissmedic and the Federal Offices of Public Health, Food Safety and Veterinary Affairs and Agriculture have jointly published a guideline, which is revised again and again: "Products with Cannabidiol (CBD), Overview and Enforcement Guide" of 19.12.2022 (5th version)“(Cannabis overview page from the FOPH).

⇒ The Federal Office for Agriculture has posted some documents on hemp: Overview page Hemp FOAG

But if police or public prosecutor suspect that a hemp product might contain 1% THC or more, they are still allowed to open criminal proceedings. Especially with CBD flowers: They look the same as illegal hemp and also smoking CBD hemp smells the same as consuming illegal flowers. Only a measurement in the laboratory can then provide certainty about the THC content.

Such criminal proceedings because of legal hemp there were again and again. Consumers received fixed penalties or were reported because of taxed, legal weed. Only after an objection was remeasured, the material returned and a penalty waived. Such criminal proceedings are always tedious, as we will see on the following pages. It takes a long time and costs nerves, even if one is innocent.

In 2017, the first rapid tests were introduced by some police forces, which are supposed to be able to distinguish THC- from CBD-hemp right on the spot. Thus, there were fewer of these absurd criminal cases for legal CBD hemp.

Anyone who orders legal hemp seeds can therefore still face criminal proceedings: A person ordered 1,000 compoli-hemp seeds from France (this variety was listed on the variety list and is therefore completely legal). Customs opened the package and reported what they had found. The person concerned was arrested at his workplace and his protestations that it was legal hemp were not believed, although official delivery bills from the producer were enclosed. Finally, it took seven months until the public prosecutor closed the case. Then the person concerned had to fight for the refund of the seed…

Despite such risks, hundreds of companies have emerged that produce, process and distribute CBD hemp. Even the wholesalers and kiosks have quickly added cigarettes with CBD hemp to their assortment.

Since the fall of 2017, prices for CBD hemp have dropped after the first large harvests hit the market. This has caused difficulties for some of the new hemp companies. But this new, small market has held its own so far.

• CBD hemp on the road: it can be expensive...
• Hemp under 1% THC is not prohibited and fully booming
• CBD: Versatile and contested