Cannabis law and legislation in Switzerland

As of 1 August 2022, the Swiss Federal Narcotics Act was amended to allow the use of cannabis for medical purposes. The amended narcotics law allows cannabis to be cultivated, processed, traded, or imported for medical purposes. The use of cannabis for medical purposes is subject to control by the Swiss authorities, as are other narcotics such as methadone or morphine.

In order to do business with cannabis in Switzerland, an operating licence must be obtained from the competent Swiss authorities. This requires the appointment of a person who is responsible for the compliance with the requirements of Swiss narcotics law and who fulfils the required personal qualifications. A responsible person is required for all companies involved in the cultivation, production, processing or trade of cannabis, including import and export. Compliance with the technical and operational requirements is checked by the licensing authorities - if necessary also within the framework of a subsequent inspection. The use of cannabis that contains only cannabidiol (CBD) or tetrahydrocannabinol (THC) with an average total content of less than 1.0% does not require an operating licence or a responsible person. Such products are not subject to the Narcotics Act, for example CBD-containing pastes or oils.

The use of cannabis as a medicinal product requires a marketing authorisation. The product must be clinically tested for efficacy, quality and safety. In Switzerland, there are currently only two authorised medicinal products containing cannabis. Alternatively, pharmacists are authorised to prepare cannabis for therapeutic purposes. Such preparations are based on dried flowers or extracts and require a medical prescription that is issued by a doctor acting under his or her own professional responsibility and after having personally examined the patient. Furthermore, the preparation must be carried out by the pharmacist in accordance with the applicable GMP requirements and the requirements of the Swiss Pharmacopoeia (Pharmacopoeia Helvetica, Ph. Helv., GMP for medicinal products in small quantities). The raw material must be produced for medicinal use and under respective licenses.

Under mandatory health insurance, no reimbursement is available for the costs for the medical treatment with cannabis.

Advertising for cannabis is prohibited. However, this does not apply to professional advertising of cannabis medicinal products that have obtained marketing approval. Advertising to the general public is permitted for CBD medicinal products.  

In Switzerland, it is currently still prohibited to produce, import or sell recreational cannabis. Exempt from this is (CBD) or tetrahydrocannabinol (THC) with an average total content of less than 1.0%.

The cultivation of cannabis is prohibited unless certified seeds of the varieties listed on the European variety list are used. The industrial use of varieties authorised in the European Union are also authorised in Switzerland. The same applies for varieties with an average total content of THC of less than 1.0 per cent. The cultivation of cannabis for medical use requires a license of the competent Swiss authorities.

Food: Food and food supplements containing CBD components are considered as novel foods. They marketable where they are authorised by the competent Swiss authorities. Hemp seeds, hemp seed oil, hemp seed flour, defatted hemp seed and hemp infusion can be placed on the market without prior marketing authorisation.

Cosmetics: the use of natural CBD in cosmetics is only lawful if derived from either the seeds or the leaves of the cannabis plant. Synthetic CBD is not specifically regulated and may therefore be used in cosmetic products.

Liquids for e-cigarettes: liquids for cigarettes which contain CBD are generally permitted, if they only release substances in quantities that do not pose a health risk.

There is no general prohibition on patenting cannabis- based products, however no patents can be granted for inventions if their commercial exploitation would be contrary to public order or morality.

In 2020, the Federal Supreme Court held that the import of cannabis flower with a THC content of less than 1% is not subject to the tobacco tax, as CBD cigarettes are not considered as a substitute for tobacco.

In 2021, an amendment to the Federal Narcotics Act has come into force allowing pilot trials with cannabis for non-medicinal purposes. The amendment is in effect for ten years. These trials are intended to lay the foundations for the future legislation. The aim is to increase knowledge about controlled access to cannabis, and to provide a sound scientific basis for possible decisions on how to regulate access to cannabis.