Tag: Politics

CBD during the vacations. What is allowed?

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What products can I take with me on vacation abroad? Anyone who uses CBD products in everyday life will sooner or later come across this question.

Since natural CBD products are derived from the hemp plant, which is criminalized in many places, there is a confusing jungle of laws in many countries. However, if the products do not have a significant THC content, then – especially due to the political changes of the last few years – quite a bit is allowed.
So if you don’t want to do without CBD or risk a conflict with foreign laws, you should take a look at the legal situation in your vacation destination before packing.

This article is intended to provide the necessary info on the legal situation in popular vacation countries. If the desired destination country does not appear in this article, we are sorry – unfortunately we cannot keep track of laws around the world. However, we are open to questions and you are also welcome to share your private research with us so we can add it to this post.

Disclaimer: We inform to the best of our knowledge and belief about the legal situation regarding consumption & possession of CBD products. This article reflects the legal situation as we know it in October 2022. We try to incorporate any changes into this article as quickly as possible, but we probably don’t get all the changes in the law abroad right away. Do some more research yourself to be on the safe side. We assume no liability for the statements made in this article.

CBD in the EU

The legal situation in Europe is, despite some basic EU-wide directives, relatively confusing. Basically, processed CBD products (e.g., hemp oil) with a THC content of no more than 0.2% are legal throughout the European Union. [1] Slovakia was the last EU country to remove CBD from the list of banned substances in 2020.
In Belgium, Denmark, Finland, Malta and Portugal, a doctor’s prescription is needed to stay on the safe side. In Belgium, however, quantities of up to 3 grams are decriminalized, while in Portugal the limit is 25 grams. [2]

Processed CBD products (e.g. hemp oil) with a THC content of 0.2% or less are legal throughout the European Union.

In the EU, in addition to countries with more restrictive legislation, there are also some countries (tending to be more and more) that are more tolerant. Further, the handling of unprocessed products such as hemp flowers or teas differs from country to country. Therefore, here is another detailed description of the situation in our neighboring countries.

Germany

Germany is pretty much toeing the EU line at the moment. Products are legal if they have a THC content of less than 0.2% and abuse for intoxication purposes is excluded. [3] According to the current interpretation of the laws, the abuse of flowers & teas for intoxicating purposes is not excluded. So flowers & teas are illegal unlike processed products like hemp oil and cosmetics. This position was confirmed in 2022 by a ruling of the Federal Court of Justice – so don’t take a flower to Germany. [4]

ProductLegal status
CBD Hemp OilLegal up to 0.2% THC
FlowersIllegal
Care products / cosmeticsLegal up to 0.2% THC
Hemp teaIllegal
Hemp seedLegal if not for cultivation purposes
Legal situation in Germany

Austria

In Austria, CBD products are allowed to contain up to 0.3% THC. [5] In contrast to Germany, flowers and teas are also legal if the THC level is met. CBD is sold in Austria only as an aroma product, as CBD products are neither sold nor advertised as medicinal or medical products, cosmetics, smoking products or food and dietary supplements. However, this restriction is hardly relevant for private vacation travel, as it is directed against the companies.

ProductLegal status
CBD Hemp OilLegal to <0.3% THC
FlowersLegal to <0.3% THC
Care products / cosmeticsLegal to <0.3% THC
Hemp teaLegal to <0.3% THC
Hemp seedLegal if not for cultivation purposes
Legal situation in Austria

France

For a long time, France had quite restrictive laws. However, since January 24, 2022 (provisional), or December 28, 2022 (definitive), pretty much everything is legal with regard to CBD, as long as the limit of 0.3% THC content is respected.[6] An important point for the vacations: Be careful when driving. Since the amendment has not yet been implemented in the Road Law, a zero tolerance limit (presumably) applies to driving.[7]

ProductLegal status
CBD Hemp OilLegal up to 0.3% THC
FlowersLegal up to 0.3% THC
Care products / cosmeticsLegal up to 0.3% THC
Hemp teaLegal up to 0.3% THC
Hemp seedLegal if not for cultivation purposes
Legal situation in France

Italy

In Italy, the EU limit value of max. 0.2% THC content. Until 2019, this value was as high as 0.6%, until the new government enacted new bans.[ 8] Since 2019, all products derived from the cannabis sativa plant are illegal – except those “without narcotic effect”. As it is still unclear exactly how this directive will be implemented, there is a legal gray area in Italy between the old 0.6% rule, the newer more comprehensive ban and the EU directive of 0.2%. However, there are currently no indications that THC-free products would pose a problem – EU hemp with a maximum of 0.2% THC can therefore be consumed quite carefree during the Italian vacations .

ProductLegal status
CBD Hemp OilLegal up to 0.2% THC
FlowersLegal up to 0.2% THC
Care products / cosmeticsLegal up to 0.2% THC
Hemp teaLegal up to 0.2% THC
Hemp seedLegal if not for cultivation purposes
Legal situation in Italy

Liechtenstein

Yes, Liechtenstein is not in the EU. As Switzerland’s neighbor, however, the small state has nevertheless earned a place on this list. In Liechtenstein, as in Switzerland, hemp with a THC content of more than 1% is considered an illegal narcotic. [9] There are no more precisely specified guidelines for CBD products. So we are in a legal gray area. Presumably, vacation travelers in Liechtenstein won’t get into trouble if they stick to the 1% rule, as they would in Switzerland.

Our products and the EU legislation

As there is a limit of 1% THC for CBD products in Switzerland, some of our products, especially the flowers, are not compatible with EU laws. In our store, the THC content is listed in the product information in each case.

Quite safe to take with you on vacation are our completely THC-free Broad-Spectrum hemp oils. However, caution is advised with the full-spectrum oils: only just the 6% oil with a THC content of 0.2% is suitable for vacations in the EU. Our care products also all contain less than 0.2% THC.
Tea & Syrup is made with EU-certified hemp varieties and is therefore harmless, provided that these product categories are permitted in the chosen resort. The edibles (chocolate, snack hemp, pesto, …) are all approved as normal food and are completely legal – they are not “Novel Food”.

THC-free broadspectrum hemp oils for the vacations

CBD in other states

Thailand


The current situation in Thailand is quite confusing. Basically: Cultivation and possession of cannabis is legal, medical products and edibles with a THC content of maximum 0.2% are legal as well. Recreational use is more difficult: smoking cannabis in public spaces is not allowed. Since cannabis flowers are no longer considered narcotics until 09.06.2022, there is still a lot of ambiguity in the implementation. So, to avoid any unpleasant vacation surprises, it pays not to consume cannabis in public spaces. [8]

A good overview of the concrete situation on the ground can be found in the Legalize-It! travel report from Bangkok (December 2022).

Cannabis in the focus of the public

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Media release of IG Hemp, July 5, 2022

As a member of IG Hemp, Herba di Berna reproduces here the latest media release of the association:

Discussions about cantonal pilot projects and a report by the UN Office for
The United Nations Office on Drugs and Crime (UNODC) once again demonstrates the urgency of a
Regulation of cannabis in Switzerland. Switzerland’s most important industry association, the
IG Hemp takes a firm stand on this and says: “Through state regulation, it is possible to
quality and purity of the cannabis, the protection of minors, and the
and to provide information, advice and assistance to the
Prevent Problematic Consumption.”

Various Swiss cities are beginning to implement cannabis pilot projects. For example
Basel, Zurich, Lausanne and Bern, to name but a few. Since the implementation of the pilot tests
is regulated at the cantonal level, there are differences in the design. In Zurich, the delivery of
Cannabis regulated through dispensaries. Lausanne relies – similar to Spain – on the model of the
Cannabis social clubs as dispensaries.

Resistance in the Canton of Bern

In the Bernese government council (canton), on the other hand, resistance to the planned implementation is stirring
of the pilot project in the city of Bern. Pharmacies, he said, are not the appropriate place to dispense
addictive substances, according to the motion of SVP councillor Patrick Freudiger. The motion was adopted by the
Government Council approved. Now it is up to the Grand Council to evaluate this political proposal.
In the meantime, however, the FOPH has called off the government council. For this purpose the canton
nothing to say, says the Federal Office of Public Health.

Hemp federation: Pharmacy levy not meaningful

Even if IG Hemp does not agree with the argumentation of the motion makers, it shares the
View that pharmacies are not appropriate dispensaries for cannabis as a stimulant. Specialized stores with the appropriate know-how would be better. The fact that the pilot projects are structured differently depending on the canton is to be welcomed, as they serve to obtain scientific data that can serve as a basis for the debate on legalization. IG Hanf has developed a 10-point plan in cooperation with Sucht Schweiz and Cannabis Consensus Schweiz.

10-point plan for Swiss hemp legalization

The goal of the hemp association’s 10-point plan is to combine safety and public health with a regionally based, responsible and sustainable Swiss cannabis economy. The specifics of the federal structure of the Swiss administration and the
policy is taken into account and tax revenues are generated to finance flanking measures. More information:

  1. Protect youth from the negative effects of cannabis use
  2. Promote use of cannabis products with low health risks
  3. Educate consumers about the risks
  4. Prevent and punish the performance of certain professional activities under the influence of cannabis
  5. Restrict cannabis in public spaces and cannabis advertising
  6. Control cannabis production and quality and ensure traceability
  7. Separate medical cannabis market and non-medical cannabis market
  8. Sale of cannabis products in specialized stores
  9. Tax cannabis to fund accompanying measures
  10. Regulate cannabis production for personal use

And what do the politicians say?

Do politicians who advocate legalization, i.e. mental
Switzerland’s health at risk? “No, not at all,” defends center national councilor Heinz
Siegenthaler. Especially to protect health, it is important to legalize cannabis: “Only
so we can ensure that the end consumer receives a product that has passed through quality control and is clear about how much THC it contains. With alcohol, the end consumer also knows how much of it is in beer and how much in whiskey,” says Siegenthaler.

About IG Hemp
IG Hanf is the trade association of the Swiss cannabis industry. It represents its members vis-à-vis politicians, authorities and the public. In doing so, it promotes exchange and cooperation among members, thereby strengthening the cannabis industry in Switzerland.

Their mission is to create a regulated cannabis market to ensure Switzerland is at the forefront of the global cannabis industry. IG Hemp sets new standards for its members and the industry. First and foremost with the quality label Swiss Certified Cannabis, which guarantees reliable product and consumer safety. IG Hanf is also a founding member of the Cannabis Consensus Switzerland association, in which organizations and political parties jointly pave the way for an open and responsible approach to cannabis.

Further information: www.ighanf.ch | www.swiss-certified-cannabis.ch | www.ighanf.ch/ehrenkodex

New step for legalization

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The U.S. House of Commons passed the Marijuana Reform Act this spring, which would legalize cannabis nationwide. Things are also moving in Switzerland: In Basel and elsewhere, preparations for pilot tests on the legal sale of cannabis are in full swing. The canton of Solothurn is calling for a carefully crafted new regulation, i.e. legalization, of cannabis. However, the cantonal efforts could soon be overtaken: The implementation of the Siegenthaler parliamentary initiative, which calls for a new national regulation of cannabis legislation, has cleared another hurdle to implementation.

The initiative of National Councillor Heinz Siegenthaler currently represents the core of political work with regard to cannabis legislation. Basically, it is about drafting a new law that would regulate a legal cannabis market in Switzerland. What the parliamentary initiative demands in more detail can be read in our blog post about it. A few weeks ago, at the beginning of June 2022, a “Subcommission ‘Cannabis Regulation'” has now been created. The sub-commission of the SGK-N is composed of 9 members of all major parties and has the mandate to elaborate a concrete legislative proposal. When the draft for such a “cannabis law” will be available is hard to estimate at the moment. Siegenthaler’s goal is to have a draft law by the end of 2023 and a finished law by 2025. However, the effective timetable depends on many factors, and the clout of opponents of legalization in particular is difficult to gauge at this time.

An important contribution to a new cannabis law will come from the cantons. Thus, much will depend on the results of the “pilot tests”, which will start soon. The pilot trials allow for the legal sale of cannabis containing THC in a protected setting. This summer, the first trials will start in the city of Basel. The search is on for 400 people who want to buy state-owned cannabis. The trial participants will be accompanied by the University Psychiatric Clinics in order to gather the most meaningful results possible on the effects of legal sales. The rapid availability of such data is of great relevance for the drafting of the cannabis law and can significantly speed up the process.
The canton of Solothurn is also stepping on the gas: at the end of May, the government council passed a communication in which the canton calls for the legalization of cannabis. The demands are quite congruent with the demands of Siegenthaler’s parliamentary initiative. Nevertheless, the canton is considering sending a standing initiative to Bern to increase pressure for a speedy drafting of the cannabis law.

For us as Herba di Berna AG it is clear that the above-mentioned efforts are gratifying. Consumers will be better protected by a legal market and the associated quality controls, and the often seemingly arbitrary state repression will be reorganized. Society can use funds elsewhere that are currently health care costs and costs of repression. Furthermore, a legal market can be taxed appropriately to cover – analogous to tobacco – the protection of minors, consumer protection, prevention campaigns and other costs. We are excited to see how the process continues and try to keep you updated on this complex topic.

Links and sources on the topic:
– Marijuana Reform Act in the USA (CNN, English)
– Solothurn government supports legalization (Nau.ch)
– Drug City Basel (Solothurner Zeitung)

Federal Council approves cannabis pilot projects

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On March 31, 2021, it became clear that pilot cannabis dispensaries could be approved by the FOPH starting in mid-May. Following the National Council and the Council of States, the Federal Council also approved this amendment to the Narcotics Act, which is intended to provide new insights into health and consumption patterns in the context of legal offerings.

The thrust of this amendment is clearly going in the right direction. It is about time that Switzerland also gains experience with a legal sale of cannabis – but we should not forget to benefit from experience from abroad, for example Canada. We do not have to start all the attempts from the beginning again.

Participants in the pilot tests must be of legal age and must be proven to already be using cannabis. The amount purchased is paid by the consumer, whereby the price is higher with higher THC content and at least initially should still be significantly higher than the black market price. Resale of legally purchased goods is thus deliberately made unattractive. Furthermore, the monthly purchase amount is limited and a transfer of the legally acquired cannabis products is not allowed.

The cultivation of the products for the pilot projects is to be carried out according to the criteria of organic agriculture, thus ensuring the impeccable quality of the products. Even though the idea behind this concern is very much in line with ours, they will have to go over the books again on this point in the Federal Parliament. An indoor production facility does not even have the possibility to grow organic products according to today’s organic standards, as the use of artificial light is mandatory.

Furthermore, the personal data of the participants should also be well protected. In principle, no data are passed on to third parties and even anonymized data are only used for the evaluation of the projects by the participating research bodies and the FOPH. This is very important, as a possible stigmatization of the participants (for example, through the in the meantime proposed and later rejected obligation to report to schools and employers) would unnecessarily jeopardize the benefit and success of the trials. In our opinion, the above mentioned conditions of participation are sufficient to prevent possible negative effects of the project (damage to health or strengthening of the black market).

We are looking forward to further decisions from the federal government, which can bring forward working alternatives to the current prohibition policy, and will of course keep you informed.

Left:
– FAQ on pilot projects (Federal Office of Public Health FOPH)
– Watson article dated 31.03.2021
– Contribution of IG Hemp

Legal cultivation and simplified dispensing of cannabis medicinal products

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In the final vote of the spring session 2021, the National Council and the Council of States approved business 20.060 of an amendment to the Narcotics Act. This provides that the cultivation and medical prescription of medicinal hemp may be prescribed in the future without an exemption permit from the Federal Office of Public Health (FOPH). Now the referendum period is running. As a further step, the Federal Council must now amend the ordinance and determine when it will enter into force.

This step will not happen overnight, but the way to it is prepared and foreseeable. Now, discussions about health insurance coverage of cannabis medicines will follow in the coming years – because until they are covered, few people are likely to be able to afford the remedies.

Left:
– Narcotics Law. Amendment (cannabis medicinal products) (parlament.ch)
– Medical hemp (hanflegal.ch)

All eyes on Brussels

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Decision of the EU Commission could harm the hemp industry

While on the one hand a lot of educational work is happening around the topic of hemp and cannabinoids, new scientific findings on the benefits of hemp and hemp extracts are being obtained, the EU Commission is currently considering including hemp extracts in general in the narcotics law. Cannabiniol (CBD) as well as any other hemp extracts are to be classified – on a par with THC – as an addictive substance if it is extracted from natural hemp plants. Synthetic CBD, ironically, would still be allowed.

“The spokesperson for the EU Commission in Germany has confirmed to us that there are considerations to evaluate CBD as a narcotic in the sense of the 1961 United Nations Single Convention. This is currently called “Preliminary View”. After that, CBD would be a so-called “addictive substance” and could also no longer be used as a dietary supplement in the future.”

Dr. Stefan Meyer, President of the new industry association Cannabiswirtschaft BvCW e. V., according to krautinvest.

Such a decision would have disastrous effects on the hemp industry in Europe:

“Almost the entire CBD industry in Europe would face “extinction.” Hemp farmers, import/export, extractors, producers, distributors, retailers, and many more.”

Dr. Stefan Meyer, president of the new industry association Cannabiswirtschaft BvCW e. V., according to cannatrust.eu

There is still no definitive decision in Brussels. And it is equally uncertain how the federal authorities in Bern will react. Because in this country, the Federal Parliament has just approved a pilot of a new more liberal cannabis regulation of cities, which includes THC hemp – so a development that rather steers towards legalization.

The last words have not yet been spoken in Brussels – and certainly not in Bern.

Sources and further links:
IGHanf: The CBD distribution stop – The position of the EIHA
IGHanf: Death blow for the hemp sector?
krautinvest: Unease about hemp extracts: Classification as narcotic?
Cannatrust.eu: Threatening EU decision: Hemp as a narcotic?