One percent limit (total THC)

Under the BetmVV-EDI, cannabis means hemp plants or parts of them with an average total THC content of at least 1.0 percent, and all objects and preparations with a total THC content of at least 1.0 percent or made from such hemp (Art. 2 para. 1 and Annex 1 BetmVV-EDI). This is the one percent limit: at or above it, hemp is a narcotic; below it, hemp products are not subject to the Narcotics Act (BAG page on hemp and cannabis products).

What total THC means

Neither the Narcotics Act nor the ordinance defines how total THC is measured. The Federal Supreme Court held that total THC is the sum of THC and THC carboxylic acid (THCA), and that this reading does not breach the principle of legality (BGE 145 IV 513, judgment 6B_878/2018 of 29 July 2019, consideration 2.3).

Above and below the limit

• At least 1.0 percent, for medical purposes: Verzeichnis a, a controlled narcotic subject to all control measures and, where medically indicated, prescribed on the official narcotics prescription (Annex 2 BetmVV-EDI; Art. 46 para. 2 BetmKV).
• At least 1.0 percent, for other purposes: Verzeichnis d, a prohibited controlled substance (Annex 5 BetmVV-EDI).
• Below 1.0 percent: not a narcotic. Handling such products needs no BAG authorisation, but depending on the product category other laws apply, for example therapeutic products, food or tobacco products law (Annex 1 BetmVV-EDI; factsheet on products not subject to narcotics law, version 8.0, section 5.10).
• Reporting: cannabis extracts with less than 1 percent total THC are not reportable to MeCanna, because they are not subject to the Narcotics Act (BAG MeCanna page).