The extent to which hemp and CBD products are legal must be considered in a differentiated manner. It depends on the place of origin, the origin, the ingredients and the processing of the product. So you have to look carefully when you buy hemp products. A clear distinction must be made between products with a THC content of over 1%, which are illegal or can only be dispensed to people or patients on a controlled prescription basis if they are taking part in a pilot project, and CBD products with a THC content of less than 1%. The latter are legal in Switzerland as long as they meet all product-specific legal requirements.
THC, tetrahydrocannabinol, is a psychoactive component of cannabis and is also present in small amounts in non-medicinal hemp. The maximum THC content of hemp flowers, other plant parts and hemp products, as well as hemp oils is 1%.
Cannabis products with a THC content of more than 1% are therefore illegal and it is a criminal offence to buy them.
CBD (cannabidiol):
However, one has to further differentiate whether the product is a medicine. Here, one has to pay special attention to the manufacturer or the distributor, who must exclude this classification.
"One should also pay attention to the fact that the product is not a food, that it was only placed on the market after 15 May 1997 and that it does not have an authorisation as a "novel" food according to the Novel Food Regulation (EU 2015/2283).
Hemp seeds, hemp seed oil, hemp seed flour and defatted hemp seeds are considered non-novel and are therefore legal and you can buy them safely. The prerequisite is, of course, that the THC content is below 1%."
Source: Federal Office of Consumer Protection and Food Safety
In this case, too, one should pay particular attention to the manufacturer's specifications and, above all, to the quality standards during production.
The "gold standard" in the industry is production according to the so-called good manufacturing practice of the European Union (EU GMP). See also Mountain Peak's quality promise.
Conclusion: What should I look for when buying CBD products?
When buying CBD products and flowers, you should pay attention to the THC value, which must be below 1% and this must be verifiable by the manufacturer, for example through product analysis.
Mountain Peak's products are tested internally and by qualified external laboratories, such as TÜV SÜD, in order to regularly check the product properties and to ensure that the legal requirements are met.
2. it is also important that the hemp products are not declared as food, unless the products are to be classified as non-novel, or if they are "novel," then the products should have appropriate approval as a novel food.
3. the products must not be medicinal products unless they have received an appropriate marketing authorisation. However, these products can only be purchased in a controlled manner under certain circumstances. Please consult your doctor or a health care professional for more information.
4. pay particular attention to the manufacturer's claims and especially to the quality standards of the manufacturing process.
The "gold standard" in the industry is manufacturing according to the so-called European Union Good Manufacturing Practice (EU GMP). See also Mountain Peak's quality promise.
Mountain Peak's CBD products have a THC content of less than 1% or none and comply with all legal norms and standards of Switzerland, respectively the EU, and Germany. CBD is a natural ingredient of the hemp plant and Mountain Peak's products with CBD content are not novel foods or medicinal products unless they are specifically labelled and have the appropriate approvals. Plant parts or flowers may only be marketed for commercial or purely scientific purposes if misuse can be ruled out. However, this is difficult in practice. It therefore remains to be seen what the legislator will finally decide. We advise everyone to regularly inform themselves about the current legal situation regarding hemp and CBD.
Science is intensively researching the special properties and effects of cannabinoids and CBD. It is therefore worthwhile to keep up to date with current studies.
If you are interested in more information about the current legal situation, it is advisable to consult the relevant international and national laws or court decisions at international and national level.
World Health Organisation (WHO) on CBD (2-6.03.2020):
Regarding the addictive potential of CBD (cannabidiol), the WHO concludes:
"The evidence for the absence of psychoactive effects of cannabidiol is summarised in the critical review published at the 40th meeting of the ECDD in 2018. In brief, this evidence includes the following:
Cannabidiol
- does not bind to CB1 receptors
- does not produce THC-like effects in a range of animal models
- does not produce THC-like effects in humans
- shows no evidence of abuse potential in human studies; for example, it shows no difference from placebo on a measure of subjective effects."
"In clinical trials with cannabidiol, which contains trace amounts of THC, there is no evidence of THC effects or abuse potential. These studies are also discussed in the critical review."
Furthermore:
"It is recommended that cannabidiol be exempted from control as it does not meet the criteria for control under either the 1961 Convention or the 1971 Convention. Since it does not meet the 1961 criteria, it cannot be considered a narcotic.
This exception only applies to international control. If the recommendation is adopted, its implementation will not prevent any country from controlling cannabidiol or cannabidiol preparations."
WHO
Drug Control Convention - the 1961 Single Convention on Narcotic Drugs (various versions).
"These are the three main international drug control conventions - the 1961 Single Convention on Narcotic Drugs as amended by the 1972 Protocol, the 1971 Convention on Psychotropic Substances and the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances."
Source: 1961
EUCJ on CBD 23.03.2021:
"The provisions on the free movement of goods within the Union (Articles 34 and 36 TFEU), on the other hand, are applicable because the CBD at issue in the main proceedings cannot be regarded as an 'addictive substance'."
"The Court then notes that, for the purposes of defining the terms 'drug' or 'narcotic substance', EU law refers in particular to two United Nations Conventions: the Convention on Psychotropic Substances and the Single Convention on Narcotic Drugs. CBD is not mentioned in the first Convention, and a literal interpretation of the second Convention could lead to its classification - as a cannabis extract - as a narcotic drug, but such an interpretation would be contrary to the basic idea of this Convention and its aim to protect "the health and well-being of mankind". According to the current state of scientific knowledge, which must be taken into account, the CBD in question, unlike tetrahydrocannabinol (commonly referred to as THC), another cannabinoid of hemp, does not appear to have any psychotropic effects or harmful effects on human health."
BGH ruling (23.03.2021)
EUGH (19.11.2020)
Narcotics Act (BtmG)
Narcotics Act (BtmG) Annex I
German Hemp Association on CBD (20.11.2020):
The German Hemp Association essentially supports the positions of the WHO and EUGH:
"As the cannabis industry (BvCW), we expressly support the WHO's position that a reclassification of cannabis is necessary. The WHO says about CBD: "Cannabidiol shows no abuse or dependence potential and the side effects are minimal" and states about the classification of CBD vis-à-vis the Narcotic Control Treaties that: "Cannabidiol [...] does not meet the criteria for control under either the 1961 Convention or the 1971 Convention. Since it does not meet the 1961 criteria, it cannot be considered a narcotic miIel." As the Cannabis Economy (BvCW) we agree with this assessment of the WHO and recommend appropriate corrections and rectifications in national as well as European legislation, regulations and assessments. In the view of the BvCW, the classification of CBD extracts from commercial hemp as narcotics, which is being sought by the EU Commission, does not correspond to the state of science and is viewed problematically by the BvCW."
German Hemp Association on EUCJ ruling
German Hemp Association Federal State Comparison of the application of the directives
How can I tell if the products are of good quality?
So, in this case in particular, one should also pay attention to the information provided by the manufacturers and, above all, the quality standards during production.
The "gold standard" in the industry is production according to the so-called good manufacturing practice of the European Union (EU GMP). See also Mountain Peak's quality promise.
Can I drive on the road after consuming CBD or hemp products?
We at Mountain Peak advise you to consult the current legal situation before consumption, and generally advise against consuming hemp products or oils before participating in road traffic.
Can I take CBD products from Switzerland to a country in the European Union or outside the EU?
It is important to consult the national laws of the country of destination or transit. Country-specific regulations apply in each case and crossing borders with goods alone can lead to criminal consequences. In the EU, for example, there is a limit of 0.3% THC, or 0.2% THC in Germany. We therefore recommend that you take a close look at the local legal situation.Can I take CBD products from Switzerland to a country in the European Union or outside the EU?
It is important to consult the national laws of the country of destination or transit. Country-specific regulations apply in each case and crossing borders with goods alone can lead to criminal consequences. In the EU, for example, there is a limit of 0.3% THC, or 0.2% THC in Germany. We therefore recommend that you take a close look at the local legal situation.