Is CBD legal in Switzerland? The 1% rule explained

Is CBD legal in Switzerland? Swiss law links the answer to the THC content. Hemp and products made from it only count as a prohibited narcotic from a total THC content of 1.0% (Narcotics Directory Ordinance (BetmVV-EDI), SR 812.121.11, Annex 5, Directory d, as of 13 March 2026). CBD itself is not subject to the Narcotics Act. For a CBD product below 1% total THC, other laws apply. Which ones depends on what the product is sold as: as a tobacco substitute, as a food, as a cosmetic or as a medicinal product.

The 1% rule in narcotics law

Art. 8 para. 1 let. d of the Narcotics Act (BetmG, SR 812.121) prohibits the cultivation, import, production and placing on the market of cannabis, unless it serves medical purposes (version in force since 1 August 2022, law as of 1 September 2023). What counts as cannabis in legal terms is set by the Federal Department of Home Affairs in the BetmVV-EDI.

Annex 5 of this ordinance lists hemp plants or parts of them with an average total THC content of at least 1.0 percent. It also includes all articles and preparations that contain at least 1.0 percent total THC or are made from such hemp. This gives the 1% rule: if the total THC content is below 1.0%, a hemp product is not a narcotic within the meaning of the BetmG.

The limit applies to all product forms. For cannabis resin (hashish) and cannabis oil, Annex 5 refers to the same entry as for the plant. CBD flowers, CBD hash and oils are therefore covered by the same rule. How resin and flowers came to be treated equally is described in the article on CBD hash in Switzerland.

CBD without THC in Switzerland: why products may contain THC

The law sets no limit for CBD. Swissmedic states that, unlike THC, CBD is not subject to the Narcotics Act. The only decisive factor for classification is the total THC content.

Besides CBD, CBD hemp also produces some THC. A product therefore does not have to be free of THC to be sold in Switzerland. It has to stay below 1.0% total THC. You will find the value on the packaging or in the product description. This applies to the strains in our CBD flowers category and to the products under CBD bestsellers: the declared total THC content is what counts.

The difference between the content in the product and the value measured in the blood is important. The 1% rule applies to the product. In road traffic, a separate THC limit in the blood applies. This value and its legal basis are explained in the article CBD and driving in Switzerland.

How much CBD are you allowed to possess?

For CBD products below 1% total THC, narcotics law sets no maximum quantity. These products are not considered narcotics. The quantity rules of the BetmG therefore do not apply to them.

The often quoted 10 grams come from Art. 19b para. 2 BetmG. There, 10 grams of a narcotic of the cannabis type count as a minor quantity. This provision concerns hemp from 1.0% total THC, i.e. goods that are prohibited in Switzerland. It is not a benchmark for CBD flowers below the limit.

CBD products as tobacco substitutes, food or cosmetics

Which rules apply to a CBD product depends on its classification. Swissmedic, the FOPH (BAG), the FSVO (BLV), the Association of Cantonal Pharmacists (KAV) and the Association of Cantonal Chemists of Switzerland (VKCS) describe this in a joint fact sheet on products containing CBD (version 8.0, as of 1 May 2025). The main categories:

• Tobacco substitute: since 1 October 2024, hemp with less than 1.0% total THC can be sold under the Tobacco Products Act (TabPG, SR 818.32). The TabPG then covers it as a plant based product without tobacco (Art. 3 let. e TabPG). E-cigarettes and liquids containing CBD also fall under this law.
• Food: CBD as an ingredient is considered a novel food and is only permitted with an authorisation from the FSVO. According to the fact sheet, no such product has been authorised so far. Hemp seeds, hemp seed oil and hemp seed flour are not considered novel.
• Cosmetics: cosmetic products must be safe. Disease related claims are prohibited for cosmetics (Art. 47 para. 3 of the Foodstuffs and Utility Articles Ordinance, LGV).
• Medicinal products: if a product is offered for a medical purpose, it is a medicinal product under Art. 4 para. 1 let. a of the Therapeutic Products Act (HMG). It then requires authorisation from Swissmedic.

According to the fact sheet, classification depends on the presentation of the product as a whole, not just its name (section 5.7). The fact sheet gives an example: a CBD containing "fragrance oil" in a refill container for e-cigarettes is assessed under tobacco products law and not under chemicals law.

CBD at petrol stations and kiosks

In Switzerland, CBD flowers, pre-rolls and CBD vapes are also available at petrol stations and kiosks. There are no separate CBD rules for the point of sale. The same limits and the same laws apply as in a specialist shop or online.

If the products are sold under the Tobacco Products Act, the youth protection rules of the TabPG apply. Art. 23 TabPG prohibits sale to minors. The point of sale must display a clearly visible notice of this ban. The packaging of plant based products without tobacco also carries the notice "plant based, without tobacco". For hemp containing products, Art. 14 TabPG additionally requires a warning about the ability to drive.

CBD cigarettes and the tobacco tax in Switzerland

Whether a CBD product is subject to tobacco tax depends on its form. The Tobacco Tax Act (TStG, SR 641.31) taxes tobacco products and substitute products. Substitute products are products that are used like tobacco (Art. 1 para. 1 TStG).

The Federal Supreme Court has ruled on CBD flowers: in judgment 2C_350/2019 of 29 January 2020, it held that cannabis flowers are mentioned neither in the TStG nor in the Tobacco Tax Ordinance. There is therefore no legal basis for a tobacco tax on cannabis flowers below 1% THC.

Other forms are treated differently. According to the tobacco tax fact sheet of the Federal Office for Customs and Border Security (BAZG, as of 1 March 2026), cigarettes are subject to tobacco tax even without tobacco. For disposable e-cigarettes, the content is taxed per millilitre, regardless of whether it contains nicotine. This also applies to disposable vapes with CBD.

Neighbouring countries: THC limits different from Switzerland

The Swiss 1% rule only applies in Switzerland. Germany and Austria have their own rules with lower limits. The table shows the situation as of 23 October 2026:

In concrete terms for Germany: hemp that does not meet the conditions for industrial hemp is considered cannabis under the KCanG. Importing cannabis is prohibited under § 2 para. 1 no. 5 KCanG. Swiss CBD flowers with a THC content above 0.3% do not meet the limit for industrial hemp. Limits abroad can change. You will find the rules for other countries such as France and Italy and for taking CBD on a plane in the article Travelling with CBD.

Will the 1% rule remain in place?

As of 23 October 2026, the 1% rule applies unchanged. The relevant version of the BetmVV-EDI has been in force since 13 March 2026.

Parliament has been discussing new rules for cannabis since 2020. According to Parliament's business database, parliamentary initiative 20.473 on regulating the cannabis market is with the committee of the National Council. No law has been passed yet. Whether and how new rules will affect CBD products is open. New limits only apply once they are set out in federal law. You can find the current version at any time on Fedlex, the federal law collection.