The legal situation of cannabinoids and cannabinoid mimetics in Switzerland has changed considerably in recent years, in particular due to the far-reaching ban in 2023, which includes HHC and CBN, for example. This ban aimed to curb the increasing spread of new psychoactive substances. We expressly welcome this step and recognize that the state has acted decisively and responsibly to ensure the protection of society and to limit the abuse of such substances.
Unfortunately, this ban also affected "innocent actors" such as CBN. This shows that the regulatory framework for substances such as CBN should be formulated more precisely and in more detail in order to maintain proportionality while promoting research and development of medical applications.
The challenge: Naturally occurring cannabinoids such as CBN
The ban on cannabis for medical purposes was lifted following the revision of the Narcotics Act (BtMG) on August 1, 2022. The Narcotics List Ordinance (BetmVV-EDI), which lists narcotics, was therefore fundamentally revised on that date. Since then, the EDI has published four new versions of the BetmVV-EDI.
For example, the revision of 9 October 2023 prohibited the “synthetic cannabinoids 2“ . This category includes the chemical structure of cannabinol (CBN). However, there is also CBN that is produced naturally by the hemp plant without synthetic intervention.
While synthetic CBN is clearly classified as a new psychoactive substance in Switzerland and is therefore fundamentally illegal, the legal situation for natural CBN remains unclear, although the extraction process is similar to that of CBD or CBG, which are now approved substances. Cannabinol does not show any significant psychoactive effects and has potentially useful therapeutic applications.
CBN should not have been banned: Comparison with France
France recently introduced a Ban of synthetic cannabinoids, which, however, does not explicitly cover CBN. This approach shows the possibility of targeted measures that regulate synthetic and potentially dangerous substances without banning cannabinoids such as CBN. From a legal perspective, this is a strong argument. It shows that less strict measures would have been possible.
Conclusion: Balance between protection and potential
The blanket ban on CBN goes beyond what is necessary to protect the health of the population and is therefore disproportionate. The current tightening is not only scientifically unfounded, but also hinders progress in research and the development of medical applications.
Therefore, it is necessary for the authorities to look at the details. In the case of CBN, the regulation should specify that unprocessed CBN, extracted naturally from the plant, is allowed.
The IG Hanf points out that CBN (cannabinol) is not internationally classified as a controlled substance under the UN drug control conventions (SR 0.812.121; SR 0.812.121.02; SR 0.812.121.03). In addition, the WHO's Expert Committee on Drug Dependence has not recommended it for inclusion in the list of narcotics. There is currently no evidence that CBN is an addictive substance within the meaning of the Narcotics Act.
Differentiated regulation of cannabis and cannabinoids could alleviate the problem of synthetic designer drugs while ensuring access to potentially useful substances such as CBN.
About IG Hanf
The IG Hanf is the trade association of the Swiss cannabis industry. It represents its members in politics, authorities and in public. It promotes exchange and cooperation among members and thus strengthens the cannabis industry in Switzerland. The IG Hanf sets new standards for its members and the industry. Above all with the quality label Swiss Certified Cannabis, which guarantees reliable product and consumer safety.
Continue information: www.ighanf.ch | www.swiss-certified-cannabis.ch | www.ighanf.ch/ehrenkodex
Links on the subject:
Synthetic cannabinoids and cannabinoid mimetics (ighanf.ch)
HHC in Switzerland listed in the BetmVV-EDI directory – IG Hanf Schweiz