Cannabis concentrates — Swiss legal framework

TL;DR

  • THC concentrates (>1 %): generally prohibited (Art. 8 NarcA).
  • CBD extracts <1 % THC: regulated by intended use (FoodA, TPA, CosmA).
  • CBD oil as food: EU Novel Food; CH tolerance until 2027.
  • Commercial CBD extract production: authorization required (FOPH).

What is concretely allowed

  • Oral CBD tinctures with clear non-medicinal declaration.
  • CBD cosmetics (creams, oils) under cosmetics ordinance with INCI declaration.
  • CBD tobacco-substitute products under tobacco-substitute regulation.
  • Import & sale of THC concentrates (even from legal countries): illegal.
  • Home extraction with flammable solvents (BHO, PHO): illegal and deadly.

Regulation of extraction processes and THC limits in Switzerland

The extraction of cannabis constituents in Switzerland is subject to a strict legal division, which is primarily based on the total THC content. If the cumulative value of THC and the precursor THCA according to the legally defined calculation formula is below the limit of one percent, the final product does not fall under the Narcotics Act. Such CBD-rich concentrates may be manufactured and distributed, provided they comply with the specific regulations for foodstuffs, cosmetics, or utility articles. The competent authorities, such as the Federal Office of Public Health and Swissmedic, monitor this distinction with extreme precision.

As soon as a concentrate reaches or exceeds the limit of one percent total THC, it is legally classified as a prohibited narcotic. In this case, commercial manufacture, possession, and distribution are punishable by law and are consistently prosecuted by the cantonal law enforcement authorities. An exception is made for medical applications, where doctors have been permitted to prescribe corresponding preparations directly since the amendment of the law in August 2022. For recreational use, high-potency THC concentrates remain illegal outside of the authorised scientific pilot trials in Swiss cities.

  • The limit of one percent total THC determines whether a substance is subject to the Narcotics Act.
  • Since August 2022, medical cannabis has been directly prescribable by doctors without an exceptional permit from the BAG.
  • Cantonal authorities enforce the penal provisions for illegal possession and trafficking of THC concentrates.
  • Scientific pilot trials in various cantons allow for controlled dispensing under strict conditions.

Safety aspects and risks of chemical extraction methods

Technically, the production of concentrates is differentiated into solvent-based and solvent-free processes. While industrial extraction using gases such as butane or propane requires highly sophisticated, closed-loop systems, private execution poses significant safety risks. The risk of explosion when handling volatile solvents improperly is extremely high, which is why such processes are not only technically unsuitable in a domestic environment but also relevant under criminal law. Furthermore, unprofessional filtration carries the risk of toxic residues remaining in the final product and damaging the respiratory tract when consumed.

Solvent-free methods are considered a safer and legally less problematic alternative for personal use from legal raw materials. Processes such as thermal pressing under pressure, also known as the rosin method, or mechanical separation using ice water do not require any chemical additives. These physical processes completely eliminate the risk of solvent residues. Nevertheless, the legal framework regarding the maximum THC content of the starting materials must also be strictly observed here in order to avoid unintentionally producing illegal substances with a high concentration of active ingredients.

  • Solvent-based extraction requires closed industrial systems to prevent explosion risks.
  • Residues of butane or propane in impure concentrates pose a significant health risk.
  • Solventless methods such as rosin pressing use exclusively pressure and heat.
  • Thermal separation protects consumers from chemical contaminants in the final product.

Road traffic and the analytical relevance of concentrates

The consumption of cannabis concentrates has far-reaching consequences for participating in Swiss road traffic. Due to the extremely high density of active ingredients, even minimal consumption of THC-containing extracts leads to a rapid exceeding of the legal limit in the blood. In Switzerland, a strict zero-tolerance policy applies, which is analytically set at a limit of 1.5 micrograms of THC per litre of blood. Anyone exceeding this limit is legally deemed absolutely unfit to drive, resulting in the immediate revocation of their driving licence and criminal sanctions.

Caution is advised even when consuming supposedly legal CBD concentrates containing less than one percent THC. Due to the accumulation of trace amounts of THC with regular use or high dosages when inhaling CBD extracts, the limit in the blood can be exceeded. Detectability in the body depends heavily on individual factors such as metabolism and frequency of consumption. Consumers should be aware that Swiss road traffic authorities make no distinction regarding the source of the detected THC.

  • The legal detection limit in Swiss road traffic is 1.5 micrograms of THC per litre of blood.
  • A strict zero-tolerance policy applies regarding driving ability under the influence of THC.
  • Even legal CBD concentrates can lead to a positive test result with intensive use.
  • Inability to drive is sanctioned regardless of the legality of the consumed cannabis product.

FAQ

Can I press my own CBD rosin?

For strict personal use from legal CBD flower (<1 % THC): in principle yes, without commercial production. No resale without authorization.

How does Swiss law distinguish between CBD and THC concentrates?

The distinction is primarily based on the total THC content of the product. If this value is below one percent, the concentrate is not considered a narcotic and is regulated as a cosmetic, chemical, or tobacco substitute product, depending on its intended use. However, as soon as the total THC value is one percent or more, the extract is subject to the Swiss Narcotics Act. In this case, manufacture, possession, and trade are prohibited in principle, unless there is a medical prescription or an official exceptional permit for scientific purposes.

Am I allowed to import medical cannabis extract from abroad into Switzerland?

The independent import of THC-containing cannabis extracts by private individuals is illegal, even if a prescription is available in the country of origin. Medical cannabis may only be obtained in Switzerland through officially licensed channels. Since August 2022, Swiss doctors have been able to prescribe corresponding preparations directly. Dispensing is controlled and takes place via specialized pharmacies that source the products from authorized manufacturers. For legal import for medical purposes, Swiss companies require a corresponding permit from Swissmedic.

What are the risks of consuming unregulated concentrates from the black market?

Unregulated concentrates pose significant health risks as they are not subject to any quality control. In illegal production, low-quality solvents are often used, the toxic residues of which can remain in the final product. In addition, there is a risk of contamination with pesticides, heavy metals, or synthetic cannabinoids, which are added to artificially enhance the effects. Since reliable information on the active ingredient concentration is lacking, the risk of an overdose, which can lead to acute circulatory problems or psychological crises, is particularly high on the black market. In emergencies, Tox Info Suisse provides rapid assistance on the telephone number 145.