Is CBD legal? Analysis of CBD legislation in Switzerland and elsewhere

With the CBD craze on the rise, it's becoming essential to find out about current legislation.

Recognized for its potential therapeutic benefits without the psychoactive effects of THC, the main active component of cannabis, CBD regulation varies significantly from country to country. This diversity of legal regimes can be confusing for consumers and businesses alike.

This article therefore offers an in-depth look at the laws regulating CBD in Switzerland, our main subject of study, while also offering a succinct comparison with regulations in other key regions. By detailing the intricacies of these legal frameworks, we aim to clarify the rules for the legal purchase and consumption of CBD, helping our audience to navigate this complex landscape.

The legal status of CBD in Switzerland

In Switzerland, cannabis containing less than 1% THC is not subject to the Narcotics Law. This includes CBD-based products, which are increasingly being exploited commercially. CBD is particularly promoted for its potential anti-inflammatory, anticonvulsant, antiemetic and anxiolytic effects, although medical research remains insufficient to conclusively confirm these therapeutic effects. CBD-based products must, however, comply with the Therapeutic Products Act, the Foodstuffs Act or the Product Safety Act, depending on their product category (Admin.ch) (BLV.admin).

Regulatory framework for non-medical cannabis

In May 2021, an amendment to the Federal Law on Narcotics and Psychotropic Substances was introduced, allowing pilot trials for the distribution of cannabis for non-medical purposes. These trials aim to assess the impacts of controlled access to cannabis and will provide a scientific basis for future regulations. This framework will make it possible to study the effects on users' physical and mental health, as well as the socio-economic implications, while eliminating the risks associated with the black market. (Admin.ch).

Situation in the European Union

Within the EU, the situation varies considerably between member states. CBD is often regulated according to the THC content of products. Products containing CBD and classified as novel foods require pre-market authorization, in accordance with the European Commission's Novel Food Catalogue.

The regulatory situation for CBD in the European Union is complex and subject to differing interpretations by different member states. In January 2019, cannabidiol (CBD) was added to the Novel Foods Catalogue, which means that any company wishing to market CBD products in the EU must obtain prior authorization. However, the temporary suspension of the authorization process has led to varying reactions: some member states have begun to withdraw CBD-containing products from the market, while others have maintained sales or not strictly enforced the rules.

The European Food Safety Authority (EFSA) is currently evaluating 19 applications for CBD-based products. The assessment of these products has revealed data gaps and uncertainties regarding the safety of CBD as a novel food. Before reaching a conclusion on the safety of CBD, EFSA states that these gaps need to be filled before accurate and reliable recommendations can be made.

Faced with this situation, it is crucial for producers and consumers of CBD products to keep a close eye on regulatory developments within the EU. The European Commission has been asked to take concrete steps to avoid divergent interpretations of EU law in the single market, and to ensure that producers and consumers benefit from a level and predictable playing field. In the meantime, regulatory diversity between member states remains a major challenge for the CBD industry in Europe.

For detailed information, please consult EFSA's CBD FAQ and the parliamentary questions to the European Commission concerning the availability and conditions of sale of CBD-containing products on the EU single market. These documents are available on the respective websites ofEFSA and the European Parliament.

In Europe, the legality of CBD varies from country to country, with laws ranging from complete authorization to total prohibition.

Some countries allow the purchase of CBD products containing less than 0.2% THC, while others require a medical prescription. In Austria, for example, CBD is no longer sold as a medicine, but products with less than 0.3% THC are legal. In France, CBD is legal if the products do not contain THC. Each member country applies these directives with nuances specific to its national context. For precise mapping, specific details for each EU member state can be found on the Legal Reader website (Legal Reader).

In conclusion, the regulation of CBD in Switzerland offers a unique and progressive framework that could serve as a model for other countries.

With specific regulations for cosmetics, utilities and even tobacco substitutes, Switzerland is at the forefront of the legal cannabis industry. Pilot trials for the sale of cannabis for recreational purposes could yet positively influence future legislation, promising an interesting evolution of laws on CBD and cannabis in general. For entrepreneurs and consumers alike, understanding these regulatory dynamics is crucial to effectively navigating an ever-changing market. So, while Europe presents a varied picture of CBD legality, developments in Switzerland could eventually inspire a more harmonized continent-wide approach.