Is CBD legal in Switzerland?

The 1 percent limit decides

Under the Narcotics Lists Ordinance (BetmVV-EDI), hemp plants or parts of them with an average total THC content of at least 1.0 percent count as cannabis and are therefore narcotics; the same applies to objects and preparations with at least 1.0 percent total THC or made from such hemp (Art. 2 para. 1 BetmVV-EDI with Annex 1). According to the Federal Supreme Court, total THC is the sum of THC and THC carboxylic acid (THCA) (BGE 145 IV 513).

Below this limit, cannabis and cannabis preparations are not narcotics, and handling them needs no authorisation from the Federal Office of Public Health (BAG) (BetmVV-EDI Annex 1). CBD itself is not listed as a controlled substance in the BetmVV-EDI. Medical cannabis with at least 1.0 percent total THC, by contrast, is listed in Verzeichnis a; where medically indicated, it is prescribed on the official narcotics prescription form (Annex 2 BetmVV-EDI, Art. 46 para. 2 BetmKV).

Below the limit, the product category decides

Whether a CBD product may be sold depends on its category, assessed case by case from its composition, its purpose and the claims made for it. The joint factsheet of BAG, BLV, Swissmedic, KAV and VKCS, a guidance document rather than law, assigns them as follows (version 8.0, valid from 1 May 2025):

• Medicinal products, including CBD products with a medical purpose: Therapeutic Products Act (HMG), Swissmedic or the cantons. Products with medical claims may not be placed on the market without authorisation (Art. 9 para. 1 HMG).
• Foods, food supplements, cosmetics and articles in contact with mucous membranes: food law and the Federal Food Safety and Veterinary Office (BLV).
• Herbal smoking products and e-liquids: Tobacco Products Act (TabPG), with notification to the BAG.
• Raw materials for further processing by businesses: chemicals law.

Enforcement lies largely with the cantons (factsheet, sections 3 to 5).

Food, cosmetics and smoking products

Food. Cannabinoids such as CBD and extracts of Cannabis sativa used in or as foods are novel foods and need an authorisation from the BLV. According to the factsheet, no such product has been authorised, so foods with added cannabinoids are currently not marketable, and no health claims for CBD are permitted (Art. 15 to 19 LGV, Art. 4 LMG).

Cosmetics. CBD is not specifically regulated in cosmetics, but no intermediate product in the manufacturing process may exceed 1.0 percent THC, safety must be proven in the safety report, and claims relating to the treatment or prevention of disease are prohibited. CBD oils offered as oral care products currently do not meet the legal requirements (Art. 47 para. 3, Art. 54 para. 1 and Art. 57 LGV).

Smoking products. Since 1 October 2024, herbal smoking products and e-cigarette liquids have been governed by the Tobacco Products Act (TabPG). Hemp with less than 1.0 percent total THC may be sold as a herbal smoking product; manufacturers and importers must notify it to the BAG within one year of making it available on the market (TabPG, SR 818.32).

Semi-synthetic cannabinoids are controlled

Verzeichnis e of the BetmVV-EDI, whose entries are subject to the control measures of Verzeichnis a, lists among others hexahydrocannabinol (HHC), H4CBD and the group entry no. 303 'Cannabinoide'. Only industrial and scientific use is exempt, not private use. According to a Swissmedic clarification of 2026, CBN as a pure substance falls under no. 303; the natural CBN content of hemp is not affected (Annex 6 BetmVV-EDI).