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Nouvelles du Palais fédéral : la valeur limite de THC de 1% sera bientôt aussi valable pour la résine de cannabis

Berne, 24th of February 2022

The interventions of IG Hanf show effect: The Federal Council states in its answer to an interpellation of the Vaudois National Councillor Eleonore Porchet that the THC limit of 1% also includes cannabis resin (pollinates). This finally provides clarity for enforcement. Cannabis resin with a THC content of at least 1% will thus – probably in the summer of 2022 – become a marketable product.

The unequal treatment of cannabis resin compared to products with a THC content of at least 1% has bothered the cannabis industry for some time. Thus, IG Hemp had already explicitly pointed out in a statement of November 2021 on the implementation law for the amendment of the Narcotics Act (cannabis medicinal products) that the approval of different dosage forms is to be supported and welcomed.

With an interpellation to the Federal Council by the Vaudois National Councillor Eleonore Porchet in the winter session 2021, additional emphasis could be put on the request to correct a « technical error » in the Narcotics Law, which is illogical in the view of IG Hanf. In her interpellation, Eleonore Porchet pointed out to the Federal Council that cannabis resin is still treated differently than, for example, flowers, cuttings, oil and tinctures. This is despite the fact that the Federal Council itself recognizes that only plants or parts of plants and preparations thereof that contain a total THC content of at least 1% are considered cannabis in the narcotics legal sense.

According to the Federal Council’s response, which is now available, this concern is now being met and the list of narcotics ordinance is being adapted so that the THC limit of 1% also applies to cannabis resin. This establishes a logic under narcotics law with a uniform criterion for the classification of cannabis and all cannabis preparations as narcotics and creates clarity for enforcement. In addition, this meets corresponding demands of IG Hemp in the context of the consultation on the implementation law of the current revision of the narcotics law in connection with the lifting of the ban on cannabis for medical purposes. The entry into force is expected in summer 2022 together with the amendment of the implementing law BetmG (medical cannabis).