A survey by IG Hanf among the cantons has revealed an inconsistent picture regarding the obligation to report hemp cultivation with less than 1% THC in Switzerland. Various authorities such as the police, agricultural authorities or employment and economic authorities are responsible for reports and permits in connection with hemp. The handling varies from canton to canton.

Forms of reporting obligation

There is no general obligation to report to the police, except in some cantons (e.g. Ticino and Uri). However, in many cantons the police recommend that operators report their planned cultivation of legal hemp at an early stage for information purposes.

In most cantons (except for St. Gallen and Thurgau, for example), the agricultural authorities do not have a specific reporting requirement for hemp cultivation – of course, agricultural businesses must report their hemp like any other crop when data is collected. See: Hemp (admin.ch)

For industrial companies and plants, regulations on occupational health and safety must be taken into account as early as the planning phase. This is done in the so-called planning approval process. As part of a building permit process, a planning approval process is automatically initiated if necessary. However, it can also be carried out separately. After correct implementation, the company or plant is inspected and an operating permit is issued. See. planning approval and plan assessment (admin.ch)

When growing and trading plant material for commercial use, the provisions of plant health law must be observed. As part of the plant passport system, there is a reporting obligation for areas for the production of propagation material (cuttings). See. plant passport (admin.ch)

Are the reporting requirements permissible?

In a current one Judgement The Cantonal Court of Graubünden ruled that the legal obligation to register hemp cultivation in the Canton of Graubünden was unlawful. The Swiss Federal Court had previously ruled that only the federal government may issue rules for hemp cultivation. This decision underlines the central role of the federal government in regulating hemp and stresses the need for uniform legislation in this area (see. Swiss farmer).

In general, it is recommended to report all activities related to the cultivation of hemp to the authorities or to clarify where and how the cultivation must be reported and which regulations regarding employee protection and hygiene apply. We are happy to support companies with the necessary clarifications.

The overview of the reporting obligations can be found under the following Link Additions to the findings to date can be communicated to the office (info@ighanf.ch). All information is provided without guarantee. IG Hanf assumes no liability for damages resulting from incorrect or faulty reporting.