From its millennia-old shamanic use on the plains of the Indian subcontinent to its near-systematic demonization in the late twentieth century, cannabis has been a constant topic of discussion and is undeniably an important cultural object. It is therefore relevant to look at the evolution of the legality of CBD cannabis and its legal status. It seems important to give a brief history of the Swiss legislation surrounding the plant before talking about the legal status of CBD cannabis in Switzerland and elsewhere.
Better understand what CBD is:
To get our bearings, we need to start with a little lexicon to help us better understand the issues at stake today. The Federal Commission for Addiction Issues explicitly uses the term "legal cannabis" to refer to flowers with a THC content of less than 1%, the plant's so-called psychotropic and therefore illegal molecule. This distinction will be explained on the "What isCBD" page, referring to cannabidiol, which is not psychoactive.
The distinction proposed by the committee is a good example of Switzerland's pragmatic policy of social progress and public health, but how did we get here?
Swiss history of cannabis legislation :
Hemp has been used in Europe since the Middle Ages to make textiles and cosmetics, among other things. However, recreational use of the plant has always been a taboo pushed by the church, and it was not until 1951 that cannabis was finally considered a narcotic under Swiss criminal law. CBD was discovered in the USA in the 1940s, but stringent legislation prevented research from advancing rapidly, and the substance was not fully understood until the 1960s. The legal uncertainty surrounding the substance led to the emergence in Switzerland of a number of stores selling cannabis seeds and products in the 1990s. Overall, the trend is still towards repression, with possession of cannabis considered a criminal offence.
The evolution of CBD cannabis legality in Switzerland:
The distinction between legal and illegal cannabis became effective in 2013, when the first e-liquids were marketed. This change in the public's perception of the plant also saw a decriminalisation of the possession of cannabis with more than 1% THC up to 10 grams. In some cantons, the authorities no longer issue fines. Today it is legal to possess and consume CBD cannabis throughout Switzerland.
Status of CBD cannabis in Europe:
To decide on the legality of CBD cannabis in our European neighbours, we need to recognise two legal regimes, that of the European Union and that of its constituent states. The EU advocates legality for plants containing less than 0.2% THC, but state law takes sovereignty over EU law, and each state applies it as it sees fit. This threshold is therefore theoretical, and in Germany, for example, the decriminalising regime is very similar to the Swiss regime and even allows high THC cannabis for medical purposes. CBD cannabis is legal according to EU regulations, i.e. up to 0.2% THC for the general public.
The counter-example to Germany can be seen in France, where European regulations have been relaxed. All over France, cafés and stores selling dried flower within the legal limit were springing up. These were soon closed down by the authorities, and only CBDoil remained strictly speaking legal. For France, European legislation is simply a way of authorizing the cultivation of industrial hemp. This case also appears very similar in Italy, where in June 2016 CBD cannabis, known locally as "cannabis light", became illegal by decision of the Italian Supreme Court. However, this order has not yet been reinforced by the authorities.
In conclusion:
CBD cannabis remains perfectly legal in Switzerland, but it is prudent to find out about local legislation before travelling abroad with CBD products.
The evolution of CBD cannabis legality in Europe is well underway and promises a bright future for the industry worldwide over the next decade.