Cannabis – Outlook on manufacture and distribution in Switzerland

Cannabis – Outlook on manufacture and distribution in Switzerland

Cannabis – Outlook on manufacture and distribution in Switzerland

29.01.2020

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Switzerland also participates in European market surveillance and the European single market for medical devices through the EU-Switzerland Mutual Recognition Agreement (MRA, Chapter 4). Once the MDR enters into force, negotiations will be needed to update the MRA. Whether this process can be completed before MDR is effective remains to be seen. Failing a timely update of the MRA, Swiss manufacturers will have to comply with third country requirements as of May 2020 and take corresponding measures. For Swiss manufacturers of currently approved medical devices with a European conformity marking (CE), however, access to the EU market will remain guaranteed for the time being.

Cannabis has been classified as a prohibited narcotic in Switzerland since 1951. Consumption of cannabis with a tetrahydrocannabinol (THC) content of at least 1% is generally prohibited in the country. However, Switzerland does permit cultivation of hemp and use of cannabis products below the 1% THC threshold.

Cannabis flowers intended for smoking and with high levels of cannabidiol (CBD) and less than 1% THC have no intoxicating effect and can be legally sold and purchased. Even though these products are not covered by the Swiss Narcotics Act (NarcA) because they do not induce psychotropic effects, they cannot be distributed and advertised at will. Depending on the product category, industrial exploitation and distribution in Switzerland fall within the scope of the Swiss Therapeutic Products Act (TPA) (for cannabis in medical applications) or the Swiss Foodstuffs Act (FSA).

Cultivation of hemp with a THC content of less than 1% is generally permissible in Switzerland. In certain cantons, however, a license to cultivate the plant is required while other cantons provide for a duty to inform. Exemptions may be granted for the cultivation of hemp with a THC content of at least 1% if it is to be used in limited medical applications, scientific research or drug development.

Source: https://pestalozzilaw.com/en/news/legal-insights/cannabis-outlook-manufacture-distribution-switzerland/

Cannabis Law Journal – Editorial Board Members

Editor – Sean Hocking

Author Bios

Canada
Matt Maurer – Minden Gross
Jeff Hergot – Wildboer Dellelce LLP

Costa Rica
Tim Morales – The Cannabis Industry Association Costa Rica

Nicaragua
Elvin Rodríguez Fabilena

USA

General
Julie Godard
Carl L Rowley -Thompson Coburn LLP

Arizona
Jerry Chesler – Chesler Consulting

California
Ian Stewart – Wilson Elser Moskowitz Edelman & Dicker LLP
Otis Felder – Wilson Elser Moskowitz Edelman & Dicker LLP
Lance Rogers – Greenspoon Marder – San Diego
Jessica McElfresh -McElfresh Law – San Diego
Tracy Gallegos – Partner – Fox Rothschild

Colorado
Adam Detsky – Knight Nicastro
Dave Rodman – Dave Rodman Law Group
Peter Fendel – CMR Real Estate Network
Nate Reed – CMR Real Estate Network

Florida
Matthew Ginder – Greenspoon Marder
David C. Kotler – Cohen Kotler

Illinois
William Bogot – Fox Rothschild

Massachusetts
Valerio Romano, Attorney – VGR Law Firm, PC

Nevada
Neal Gidvani – Snr Assoc: Greenspoon Marder
Phillip Silvestri – Snr Assoc: Greenspoon Marder

Tracy Gallegos – Associate Fox Rothschild

New Jersey

Matthew G. Miller – MG Miller Intellectual Property Law LLC
Daniel T. McKillop – Scarinci Hollenbeck, LLC

New York
Gregory J. Ryan, Esq. Tesser, Ryan & Rochman, LLP
Tim Nolen Tesser, Ryan & Rochman, LLP
Cadwalader, Wickersham & Taft LLP

Oregon
Paul Loney & Kristie Cromwell – Loney Law Group
William Stewart – Half Baked Labs

Pennsylvania
Andrew B. Sacks – Managing Partner Sacks Weston Diamond
William Roark – Principal Hamburg, Rubin, Mullin, Maxwell & Lupin
Joshua Horn – Partner Fox Rothschild

Washington DC
Teddy Eynon – Partner Fox Rothschild