For Switzerland and most other countries, both questions can be answered in the affirmative. CBD is not intoxicating and is not listed in the Narcotics Act or the Road Traffic Act.
It is entirely legal and may also be consumed before or while driving a vehicle.
However, caution is advised concerning the THC. The THC limit value in road traffic is
extremely low in Switzerland and can be exceeded by consuming legal CBD products such as the CBD flowers and CBD oils you can buy online with Justbob.
CBD IN ROAD TRAFFIC
In Switzerland and most other countries, there is no CBD limit value for road traffic. It means that vehicles can still be driven after consuming any considerable amount of CBD. Caution is advised with products that contain THC in addition to CBD.
Although products up to 1% THC are allowed in Switzerland, their consumption can exceed the limit value for road traffic. It also applies to people who only consume CBD products in the evening, because THC can still be detected several days after consumption. If possible, products without THC (THC free) should therefore be avoided.
CBD PRODUCTS WITHOUT THC
To rule out exceeding the THC limit value, it is recommended to only consume products without THC. Since CBD docks to the same receptors in the human body as THC, the absence of THC increases the effect of CBD even further.
MARKETABILITY OF CBD PRODUCTS
Different regulations must be observed for a product to be legally sold in Switzerland, depending on the product category. Of course, this also applies to CBD products. Since these products are still relatively new, there are still some uncertainties as to which laws will be used.
To create more clarity, the Federal Office of Public Health, the Federal Office of Agriculture, the Federal Food Safety and Veterinary Office and Swissmedic have published a leaflet.
CANNABIS IN MEDICINE
Cannabis is said to have a pain-relieving and cramping effect. Medicines with active ingredients from cannabis require approval. One product is currently approved in Switzerland. Besides, the Federal Office of Public Health (BAG) can issue exemptions for prohibited narcotics’ medical use.
CBD OIL & CBD DROPS IN THE GRAY AREA
CBD drops (CBD oil) have gained tremendous popularity among broad sections of the population in recent years. Doctors often recommend them for different complaints. However, CBD oil is not approved as a remedy and cannot be dispensed by the healthcare system.
All CBD oils known to us are currently sold as chemicals in Switzerland. For this reason, information is sometimes attached to the products that they are not suitable for consumption. For CBD oil to be sold as a dietary supplement, it would have to be approved as a novel food. It is an expensive and lengthy affair that no Swiss producer known to us has succeeded in so far.
Using CBD Oil: CBD oil has enjoyed increasing popularity in the recent past and is used in connection with numerous diseases and ailments. Even if the effectiveness has often not been adequately researched, consumers are convinced that they can achieve the desired effects by taking it. In some cases, they also receive advice and dosage recommendations from doctors or medical specialists.
CBD hemp is not a tobacco substitute
As a ruling by the federal court published shows, today, CBD hemp is not a tobacco substitute. No tobacco tax has to be paid on hemp flowers with a low THC content. CBD flowers could thus become significantly cheaper. Until now, CBD hemp producers had to transfer 25 per cent of the retail price to the customs authorities every month.
It was common practice after the Head of Customs in 2017 classified CBD hemp as a tobacco substitute on a leaflet and set the corresponding tobacco tax at 25 per cent. The Federal Administrative Court supported this view in March 2019. The Federal Supreme Court saw it differently and in the judgment published today has overturned the tobacco tax on hemp products.
CBD CHARACTERISTICS & PROPERTIES
The Federal Supreme Court concludes that hemp flowers can be smoked, but have characteristic properties different from tobacco. Many consumers or patients would consume CBD hemp to do something good for their health. For example, the Federal Supreme Court mentioned the relief of rheumatic pain, which has been proven not to be the case with tobacco.
There is, therefore, no risk that hemp flowers will be consumed instead of tobacco. Therefore, there is no legal basis to levy tobacco taxes on CBD hemp. Hemp flowers are a potential new tax substrate. To be able to raise taxes on it, a corresponding legal basis must first be created. In the meantime, hemp flowers with less than 1 per cent THC can still be legally produced and sold.
CLEAR LEGISLATION ON CANNABIS
Three Swiss cannabis producers have sued the previous practice. From their point of view, the tobacco taxes levied so far were unjustified. In an initial statement, they are pleased that the Federal Supreme Court shared this view. The taxes paid in the last three years will now be refunded to the producers.
The plaintiffs demand that clear legislation on cannabis be put in place as soon as possible. Not only should the tax rate on cannabis be recorded there, but clear framework conditions should also be created. For example, there is currently no minimum age for purchasing cannabis products. However, most producers and sellers voluntarily adhere to a minimum age of 18 years.
