Non-psychotropic cannabinoid-containing products are becoming increasingly popular due to their potential health benefits. These hemp products contain no or only small amounts of the intoxicating active ingredient tetrahydrocannabinol (< 1% THC) and have no psychotropic effects. They can be smoked or vaporized and marketed as tobacco products for oral use. They can also be marketed as raw materials, cosmetics, medicines and food.

Switzerland has long shown a great pioneering spirit in the field of non-psychotropic cannabinoid products. Compared to other European countries, Switzerland led the way by allowing the trade of products containing up to 1% THC. This progressive attitude reflected the country's innovative spirit and paved the way for developments in the cannabis industry.

The former competitive advantages in terms of location and innovation have now been offset by rising labour and location costs. The Czech Republic has also raised the THC limit to 1%. Netherlands and other European countries tolerate the sale of cannabinoid-containing products as food supplements, while this is not yet permitted in Switzerland. Cross-border online trade is also increasing the pressure on the Swiss market.

After a temporary upturn, the Swiss market for non-psychotropic cannabinoid-containing products is at acute risk of becoming insignificant due to complex implementation conditions and other negative market conditions, such as price pressure from imports. A similar dynamic is evident in the area of ​​medical cannabis. Here, too, domestic production is coming under severe pressure due to imports and complex legal requirements.

reason for positioning

The latest version of the enforcement assistance[1] for products containing cannabidiol (CBD) and other non-psychoactive cannabinoids, complains about an uncontrolled increase in products containing cannabinoids on the Swiss market. There are concerns about misleading advertising, ambiguous product offers and non-compliance with legal requirements regarding the intended use. In particular, products are often sold under chemicals law, even though they are intended for ingestion and only meet the safety standards of cleaning products.

This situation is regrettable and does not correspond to the values ​​of a responsible and innovative industry that represents the interests of Swiss SMEs. The large number of ongoing procedures places a burden on market participants and ties up unnecessary administrative resources. It is urgently necessary to address this problem and ensure clarity and uniform implementation. The unclear legal situation and inconsistent enforcement are unsatisfactory, both for consumers and for traders and enforcement authorities.

Need for regulation in non-psychotropic cannabinoid-containing products

To date, Switzerland lacks a clearly defined regulatory framework for non-psychotropic cannabinoid-containing products outside of the Tobacco Act. Ingredients of the cannabis plant are prohibited and have been wrongly classified as hazardous to health and unpredictable since prohibition. This is due not least to an outdated definition of cannabis, which is based on the Single Convention of 1961 on Narcotic Drugs (see Art. 1 lit. b EHÜ)[2] goes back

A notable example was the ban on cannabis resin/hashish with less than 1% THC due to the perceived dangers posed by cannabis resin/hashish. It is to be welcomed that this grievance has been adjusted at the legal level in 2022, which represents a great relief for market participants and meets a clear customer need.

Long overdue regulation and adequate enforcement are crucial to ensure the safety of cannabis products for consumers. A clear legal framework creates trust, promotes the development of a sustainable and responsible industry, and at the same time relieves the burden on the responsible regulatory bodies.

The following aspects should be considered by legislators and enforcement authorities for meaningful cannabis regulation:

1. Medicines containing non-psychotropic cannabinoids

In pharmacy practice, cannabis is a relatively new phenomenon, having been widely used at the beginning of the 20th century. Today, doctors and medical professionals often lack specific knowledge. The dispensing of magistral prescriptions (formula magistralis) with cannabinoids is rarely practiced due to the high hurdles. There are very few approved medicinal products containing cannabis. Liberalization of cannabis, for example through a new classification in narcotics and pharmaceutical law, standardization in pharmacopoeias and other measures could make it possible for non-psychotropic cannabinoid-containing products to be used for medical purposes without a prescription for mild health problems.

2. Cosmetics that contain non-psychotropic cannabinoids

CBD and other non-psychotropic cannabinoids were recently added by the EU Commission as cosmetic ingredients in the "Cosmetic Ingredients Database" (CosIng for short). However, the authorities continue to make it difficult to market them as cosmetics. CBD/cannabinoids may only be used in cosmetic products if they come from certain parts (leaves and stems) of the hemp plant. Synthetic CBD, on the other hand, may be used in cosmetics without further restrictions in accordance with the applicable guidelines.[3] This approach has been in place since the groundbreaking ruling of the Court of Justice of the European Union (ECJ) in Case C-663/18[4] in 2020. The components of the cannabis plant should be recognized as permissible cosmetic ingredients, regardless of how they are obtained.

3. Foods that contain non-psychotropic cannabinoids

The limit for THC in food is so low (1 mg/kg for plant-based foods) that it is difficult for market participants to comply with it. A moderate increase in the THC limit to at least 5 mg/kg for plant-based foods in the EDI regulation on maximum levels for contaminants (Contaminants Ordinance[5]) could according to the current state of science[6] without endangering the health of consumers through possible intoxication. The setting of limits for the oral intake of non-psychotropic cannabinoids must be based on scientific evidence and within the framework of Regulation on Novel Foods .

4. Tobacco products containing non-psychotropic cannabinoids

Cannabis must be Federal Office of Public Health and declared as tobacco if products can be smoked or vaporized. In principle, all plant material (especially flowers and trimmings) must be declared as tobacco when sold to end customers. This contradicts the clear case law of the Federal Court[7]Cannabis flowers, even though they are smoked, are a product with special properties that are not a substitute for tobacco products.

How can future regulation of non-psychotropic cannabinoid-containing products be successfully implemented?

The subcommittee on cannabis regulation is currently working on a draft cannabis law (parliamentary initiative Siegenthaler, 20.473[8]The aim is to regulate hemp products in a way that takes into account the different forms and special properties of hemp.

• The planned cannabis legislation will continue to distinguish between products with low and high THC content while maintaining the current THC limit.[9]
• Products with a low THC content can be exempted from drug controls under special legislation. A reporting requirement could be introduced for such products.
• Questions of product safety, the requirements for good manufacturing practice and the framework conditions for distribution should be regulated uniformly for all cannabis products. The IG Hanf has introduced the label «Swiss Certified Cannabis (SCC[10])» introduced the necessary processes (training, audit and control, laboratory analyses, ring tests) and built up extensive experience in the quality assurance of cannabis products.
• A practical distinction must be established between low-THC products for medical use and non-medical use.
• Products containing less than 1% THC should not be subject to a special tax.

About IG Hanf Schweiz

IG Hanf is the industry association of the Swiss cannabis industry and represents its members in politics, authorities and the public. Its mission is to establish cannabis sustainably in society and to create a regulated cannabis market.

This position paper was released by the board of IG Hanf on February 14, 2024.

Position paper on non-psychotropic cannabinoid-containing products – V1, February 2024

Sources                                                                   

[1] Products containing cannabidiol (CBD) and other cannabinoids that are not subject to narcotics law Overview and enforcement aid as of November 02.11.2023, XNUMX (sixth, updated version)

[2] Art. 1 lit. b Single Convention on Narcotic Drugs of 1961, entered into force for Switzerland on 22 February 1970 (as of 10 November 2016), SR 0.812.121.0

[3] Enforcement Aid V6 / 2023-11 / p. 12

[4] Luxembourg, 19 November 2020, judgment in Case C-663/18

[5] Ordinance of the Federal Department of Home Affairs on maximum levels for contaminants (Contaminants Ordinance, VHK) of 16 December 2016 (as of 1 July 2020) SR 817.022.15

[6] Limit and guideline values ​​for THC (tetrahydrocannabinol) in hemp-containing foods Analysis and evaluation of the statement of the Federal Institute for Risk Assessment (BfR) dated November 8, 2018. "Tetrahydrocannabinol levels are too high in many hemp-containing foods - health impairments are possible." No. 034/2018. Authors: Dr. rer. nat. Pia Skoczinski, Michael Carus, Dr. med. Franjo Grotenhermen Dr. rer. nat. Bernhard Beitzke, Daniel Kruse

[7] BGer 2C_348/2019 from January 29.01.2020, XNUMX

[8] 20.473 | Regulation of the cannabis market for better youth and consumer protection | Business | The Swiss Parliament

[9] p. 42 Legal certainty in the production, trade and use of hemp/cannabis products Report of the Federal Council in fulfillment of Postulate 21.3280 Minder of 18 March 2021, Bern, 1 November 2023

[10] IG Hanf – Swiss Certified Cannabis (swiss-certified-cannabis.ch)