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The evolution of CBD cannabis legality
Cannabis legalization
23.12.19
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 never ceased to be talked about and is undeniably an important cultural object. It is therefore pertinent to look at the evolution of CBD cannabis legality and its legal status. It seems important to give a brief history of Swiss legislation surrounding the plant before discussing 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.
The distinction proposed by the commission is a good illustration of Switzerland's pragmatic policy, particularly in terms 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 for textiles and cosmetics. However, recreational use remained taboo, reinforced by the Church, and it was not until 1951 that cannabis was classified as a narcotic under Swiss criminal law. The legal evolution of CBD cannabis began to take shape in the 1940s in the USA with the discovery of CBD, but strict laws held back research 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 90s. The overall 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 e-liquids were first marketed. This change in the public's perception of the plant also saw the decriminalization of possession of cannabis containing more than 1% THC, up to a limit of 10 grams. Indeed, 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 rule on the evolution of CBD cannabis legality among our European neighbors, we need to distinguish between two legal regimes: that of the European Union and that of the member states. The EU advocates legality for plants containing less than 0.2% THC, but each state retains its sovereignty and applies the legislation as it sees fit.
This threshold is therefore theoretical, and the evolution of the legality of CBD cannabis varies from country to country. In Germany, for example, the decriminalizing regime is close to that of Switzerland, and even authorizes high-THC cannabis for medical purposes. CBD cannabis remains legal for the general public under EU regulations, with a maximum THC content of 0.2%.
The counter-example to Germany can be seen in France, where European regulations have been relaxed. All over France, cafés and stores selling dried flowers within the legal limit were springing up. These were soon closed down by the authorities, and onlycannabidiol oil remained strictly speaking legal.
European legislation, seen as a framework for authorizing the cultivation of industrial hemp, is a good illustration of the evolving legality of CBD cannabis. In France, this framework facilitates such cultivation, while in Italy, the situation is more complex: in June 2016, CBD cannabis, known locally as "cannabis light", was declared illegal by the Italian Supreme Court, although this decision has not yet been fully implemented by the authorities.
The evolving legality of CBD cannabis, in brief:
CBD cannabis remains perfectly legal in Switzerland, but it's 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.
Please note: although CBD is generally well tolerated, it may interact with certain medical treatments. To find out more, read this detailed article on CBD interactions and contraindications.
Written by Johann Boschung
