CBD legislation in France, Switzerland and Italy

Want to understand the rules governing CBD in France, Switzerland, and Italy? In 2021, the Court of Justice of the European Union marked a turning point by declaring that CBD should not be considered a narcotic, opening the way to new perspectives. In this article, we compare the laws of these three countries to help you understand what is permitted, where you can legally buy CBD, and what precautions to take.

Introduction to CBD and its legislation

CBD, or cannabidiol, is a natural compound extracted from hemp that is attracting growing interest in Europe. This non-psychoactive molecule differs from THC in that it lacks euphoric effects. The landmark decision of the Court of Justice of the European Union in 2021 clarified its legal status: CBD should not be considered a narcotic.

What is the legislation on CBD in France?

In France, CBD is legal. But be careful: products must contain less than 0.2% THC, not a single gram more. This is the golden rule to remember.

The sale of CBD is legal, but the situation remains complex for entrepreneurs. Here's what you need to know:

• Products must come from officially recognized hemp varieties
• Only farmers can grow hemp, with certified seeds
• Cosmetics containing CBD are authorized
• Smoking products are legal, but taxed like tobacco

There are also some important restrictions:

• The sale of raw flowers and leaves is prohibited
• Foods containing CBD are not permitted
• Sellers cannot make medical promises

A word of advice: If you're driving, be careful. Even if your CBD product is legal, the presence of traces of THC could get you into trouble during a traffic stop.

Faced with these numerous French restrictions, particularly on flowers and food, Switzerland is proposing a different regulatory approach that deserves our attention.

Is CBD legal in Switzerland?

Yes, CBD is completely legal in Switzerland. Swiss legislation even differs from that of its European neighbors with a more flexible approach: it allows the sale of products containing up to 1% THC. This is significantly more permissive than in other countries.

This openness is also reflected in access to these items. You'll easily find CBD in specialty stores, such as the Cannabinothèque in Geneva. These stores often offer locally grown products, which guarantees a certain level of traceability.

Since August 2022, Switzerland has even taken a further step. Doctors can now prescribe CBD without requiring special authorization from the Federal Office of Public Health. This represents a real simplification for patients who need it.

However, it's important to note that CBD-based medications are not automatically reimbursed by Swiss health insurance. Reimbursement remains exceptional, mainly because the evidence of their effectiveness is still being evaluated.

This restrictive reimbursement policy is not unique to Switzerland, and it is interesting to examine how neighboring Italy handles both the regulation of CBD and its coverage by the healthcare system.

Is CBD legal in Italy?

Yes, CBD is legal in Italy. Italian legislation is even quite favorable, with a framework that allows the sale and consumption of CBD products under certain conditions.

First, let's address the maximum permitted level of this substance. Italy is more flexible than its European neighbors: it allows up to 0.6% THC in CBD products. This is three times higher than the usual threshold of 0.2% set by the European Union. This particularity makes Italy one of the most dynamic markets in Europe.

But be careful, this flexibility comes with strict controls. Products must come from EU-approved varieties of Cannabis sativa L. No question of using just any plant! Traceability is also highly regulated: sellers must be able to prove the origin of their products.

To purchase CBD in Italy, visit authorized retail outlets. It can be found in tobacconists, pharmacies, and specialty stores. This clear regulation has allowed the Italian CBD market to grow rapidly, generating significant revenue.

However, it should be noted that the legal situation remains fluid at times. In 2023, several court decisions clarified the status of CBD, confirming its legality while reiterating the importance of complying with established standards.

These legislative nuances clearly illustrate the specificities of each country. But how do France and Switzerland position themselves in relation to these Italian rules, and what differences mark their respective approaches?

Comparison of regulations and restrictions in these countries

CBD regulations vary significantly between France, Switzerland, and Italy. These differences sometimes create confusion for consumers traveling or shopping online. Here's what to remember:

The authorized THC level is the first major point of divergence:

• Switzerland is the most permissive with a maximum rate of 1%
• Italy is in the middle with 0.6%
• France maintains the strictest limit at 0.3%

These differences have direct consequences on what you can legally purchase in each country. For example, a product that's perfectly legal in Switzerland could cause problems in France. Be careful: in France, exceeding the 0.2% THC limit can expose you to serious penalties, including up to 12 months in prison and a fine of €3,750.

The sale of CBD products is also regulated differently:

• In Switzerland, it's pretty simple: almost all CBD products are authorized, including flowers.
• In France, it is more restrictive: flowers are prohibited, as are food supplements.
• In Italy, the situation is moving towards more restrictions, with a recent ban on hemp flowers

An important point to note: these rules change regularly. Switzerland is preparing a new law for 2025, Italy is toughening its stance, and France is gradually adjusting its regulations. It is therefore advisable to check the current rules before purchasing or transporting CBD products across borders.

These legislative variations are not limited to legal compliance issues; they also influence consumer choices and the strategies of companies operating in this sector. But how do these differences actually shape the market and behaviors?

Key differences between the laws

The permitted THC content is one of the major differences between these countries. France maintains a strict limit of 0.3%, which restricts the usable hemp varieties. Switzerland stands out with a higher threshold of 1%, offering more flexibility to producers. Italy, on the other hand, imposes specific requirements: products must not only meet legal levels but also follow a rigorous traceability system. Italian manufacturers must document the origin of their products and ensure their compliance with local safety standards.

These differences have real-world implications. For example, a CBD product that's legal in Switzerland could be considered illegal in France if it exceeds 0.3% THC. This is why it's crucial to verify the exact composition of products, especially when shopping online or traveling between these countries. Reputable retailers routinely offer detailed product analyses.

Conditions of sale and traceability

The traceability of CBD products varies greatly from country to country. In Switzerland, it's quite simple: sellers must provide detailed analyses and certificates of conformity for each batch. Buyers can easily verify the exact composition of their products.

In Italy, the system is strict but effective. Sellers are required to document the origin of their products and ensure their compliance with European standards. Each product must have its own certificate of analysis, with precise information on its cannabinoid content.

France, however, remains in a gray area. Even if the sale is legal, the exact marketing conditions are not always well defined. As a result, reputable sellers are taking the lead: they spontaneously offer analyses and certificates, even if this is not explicitly required by law. This is a good practice that reassures consumers.

Implications for consumers and businesses

CBD legislation creates very different situations depending on the country. For consumers, this changes a lot of things on a daily basis. In France, you have to be vigilant: only products with less than 0.3% THC are authorized. It's best to always ask to see the certificates of analysis, even if it's not mandatory. This helps avoid unpleasant surprises.

In Switzerland, it's simpler. The limit is set at 1% THC, which gives consumers more choice. Stores offer a wide variety of products, all governed by clear rules. Buyers can rest assured: the well-defined regulations better protect their interests.

For businesses, too, the situation varies greatly. In Switzerland, the framework is well established: the Federal Office of Public Health guides companies through their procedures. In Italy, things are more complicated. The rules change from region to region, requiring economic players to constantly adapt. In France, the situation remains unclear in certain aspects. As a result, serious companies often prefer to go beyond legal requirements, particularly regarding traceability.

These differences create opportunities but also challenges. Businesses looking to expand into multiple countries must navigate different regulations. For consumers, the most important thing is to be well informed about local laws and choose sellers who are transparent.

Consequences for consumers

For consumers, the main challenge is ensuring they are buying products that comply with the law. This is more complicated than it seems, as the rules vary from country to country.

Here's what you need to know:

• Always check the THC content on the label. This varies by country (see the Comparing Regulations section above). Anything higher than this could lead to legal problems.
• Keep your proof of purchase and certificates of analysis. In the event of an inspection, you will be able to prove that you purchased a legitimate product.
• Beware of prices that are too low: they may hide poor quality or non-compliant products.

The safest bet is to buy from specialist shops that are familiar with the regulations. Avoid purchasing from little-known websites or dubious retailers.

Impacts on businesses

For businesses, the situation varies depending on the country. In France, legal uncertainty really complicates the lives of CBD entrepreneurs. Frequent regulatory changes and uncertainty over what is and isn't permitted significantly hamper investment.

Switzerland, on the other hand, offers a more favorable environment for businesses. With its 1% THC limit, they have more leeway to develop their products. This attracts quite a few entrepreneurs who prefer to set up there rather than in France.

In any case, companies must juggle strict standards. Quality certificates, laboratory analyses, precise labeling... All of this represents significant costs, especially for small businesses just starting out.