Legal Threshold of 1% THC: Explanation of Article 2 para.5 LStup and OStup Ordinance

Introduction

In Switzerland, the regulation of cannabis and cannabidiol (CBD) is primarily based on the Federal Act on Narcotics and Psychotropic Substances (LStup) and its implementing ordinance (OStup). At the heart of these legislative texts, a crucial point draws the attention of all players in the legal hemp market: the 1% tetrahydrocannabinol (THC) threshold. This limit, inscribed in Article 2 paragraph 5 of the LStup as well as in the related ordinance, defines what is legal or not on Swiss territory regarding cannabis and derivative products such as CBD Hash.

In this article, we will detail:

  • The nature of Article 2 para.5 LStup and its origin.
  • The role of the OStup ordinance in clarifying this provision.
  • The scientific and legal reasons explaining this threshold.
  • The concrete impacts for producers, distributors, and consumers of CBD Hash.
  • Best practices to remain within the Swiss legal framework.

All the information you will find here is based on official legal texts and reports and results from accredited laboratories. Our goal is to clearly explain how Swiss legislation is structured around the maximum THC rate and how it influences the consumption and trade of CBD.

1.1 The LStup (Federal Act on Narcotics and Psychotropic Substances)

In Switzerland, the reference law concerning narcotics and psychotropic substances is the Federal Act on Narcotics and Psychotropic Substances, abbreviated as LStup (RS 812.121) [Source: Federal Administration, admin.ch, LStup RS 812.121]. This law aims to regulate the production, distribution, and use of substances considered psychoactive and potentially addictive. Cannabis, containing THC, falls into the category of psychoactive substances when it exceeds a certain level.

1.2 The OStup Ordinance

To refine and specify the provisions of the LStup, the Federal Council issued the Ordinance on Narcotics and Psychotropic Substances (OStup), codified under RS 812.121.1 [Source: Federal Administration, admin.ch, OStup RS 812.121.1]. The OStup sets the application procedures of the LStup, notably determining the authorization process for the production and marketing of substances classified as narcotics, and detailing the exceptions and special conditions related to certain forms of cannabis, particularly those with low THC content.

2. Article 2 para.5 LStup: The Often-Cited Threshold

The LStup precisely defines (Article 2, paragraph 5) that a cannabis plant or derivative product is not considered a narcotic if it contains less than 1% THC [Source: LStup, Article 2, para. 5, admin.ch].

2.1 The Statement of Article 2 para.5

In simplified terms, Article 2 para.5 LStup indicates that hemp (and its products) with a total THC content of less than 1% is not subject to narcotics regulations. Within this framework, it is therefore legal to produce, sell, and consume products derived from this plant as long as the total THC concentration does not exceed 1%. This means that Swiss traders can freely offer CBD flowers, CBD Hash, and hemp-based extracts for sale, provided they comply with this rate.

2.2 The Implications of This Paragraph

This legal definition has several implications:

  1. Producers are required to select hemp varieties that naturally have a low THC content.
  2. Analytical laboratories regularly check the THC concentration of products to verify their compliance.
  3. Consumers can legally possess and consume these products, as long as it is proven that the product remains below the 1% THC threshold.

In case of exceeding, the product is considered a narcotic and falls under the prohibitions and sanctions provided by the LStup and the Swiss Penal Code.

3. The OStup Ordinance: Clarifications on Application Conditions

3.1 Why Is the OStup Crucial?

The OStup ordinance (RS 812.121.1) complements and specifies the provisions of the LStup. It notably clarifies the notion of “total THC content,” which includes both THC content and THCA content (the acidic precursor of THC, tetrahydrocannabinolic acid). Indeed, during heating or decarboxylation, THCA transforms into THC. Thus, to determine a product’s compliance with the 1% threshold, the OStup urges laboratories to measure the total THC potentially present in the plant [Source: Federal Office of Public Health (FOPH), bag.admin.ch, section “Legality of Low-THC Cannabis”].

3.2 Control Procedures

The OStup ordinance also provides for control conditions:

  • Accredited laboratories must conduct recognized analyses to measure the total THC content (THC+THCA).
  • Producers or importers are responsible for ensuring compliance before marketing.
  • Cantonal authorities may conduct random checks to verify compliance with the 1% THC rate.

3.3 Possible Sanctions

If a batch of flowers, Hash, or CBD extracts exceeds the legal limit of 1%, it may be seized and destroyed, and the producer or distributor risks criminal prosecution. The law does not tolerate if the actual content exceeds the legal limit, even by a few fractions of a percentage, unless specific analysis margins are taken into account by the laboratory or authorities.

4. What Is THC and Why Limit to 1%?

4.1 THC: A Psychoactive Molecule

Tetrahydrocannabinol (THC) is the main psychoactive compound in cannabis. It is responsible for the “high” or “euphoric” effect associated with marijuana consumption. At high levels, THC induces powerful effects on the central nervous system and can lead to altered perception, memory, and motor coordination [Source: I. Pacher et al., Handbook of Experimental Pharmacology (2019), peer-reviewed]. By setting the threshold at 1%, the Swiss legislator aims to limit potential psychoactive effects while allowing industrial, medical, or wellness exploitation of hemp.

4.2 Why 1%?

Swiss authorities have estimated that when a hemp-derived product does not exceed 1% THC, its recreational potential and abuse risks are considered low [Source: Federal Office of Public Health, bag.admin.ch]. Other countries set different limits (0.2% in the European Union, for example). Switzerland opted for 1% to offer a broader scope for hemp cultivation, historically well-rooted in the country, and to support the development of a legal CBD market.

5. Compliance of CBD Hash Products in Switzerland

5.1 Definitions and Differences

CBD Hash, also known as “CBD hashish” or “cannabis resin based on varieties rich in cannabidiol,” differs from traditional hashish by having a significantly lower THC content and higher cannabidiol content. This resin is obtained by separating the trichomes (resin glands) from legal hemp flowers or leaves, then compressing them. The THC rate can fluctuate from one batch to another, depending on:

  • The cultivated variety.
  • The growing conditions (indoor, outdoor, greenhouse).
  • The extraction process and selection of raw material.

For a CBD Hash to be legal, it must contain a maximum of 1% THC (total THC). Laboratories perform a chromatogram to determine the concentration of cannabinoids (THC, THCA, CBD, CBDA, etc.). The result establishes the product’s compliance.

To eliminate any ambiguity, some producers highlight certificates of analysis (Certificate of Analysis, CoA), published by accredited Swiss laboratories (for example, those recognized by the Federal Office of Public Health). These official documents clearly indicate the cannabinoid content and attest to compliance with the 1% limit. During a check, presenting this type of certificate can facilitate proof of legality.

5.3 Quality Control and Traceability

More and more Swiss companies are adopting advanced traceability standards:

  • Lot numbering of products.
  • Archiving analytical tests.
  • Tracking system from seed to finished product.

These procedures ensure quality consistency and reassure consumers. They also allow authorities to trace the origin of a product in case of doubt about its THC content.

6. Analysis Methods for Determining THC Content

6.1 Common Analysis Techniques

Several techniques are used to determine the THC concentration in hemp and its derivatives. Among the most common:

  • Gas chromatography (GC): the heat used can convert THCA into THC, so laboratories must interpret the sum of the two.
  • High-performance liquid chromatography (HPLC): it allows specific separation and quantification of THC and THCA without overheating the sample.

Swiss laboratories accredited by the Swiss Accreditation Service (SAS) follow standardized protocols to ensure the reliability of results [Source: SAS, admin.ch].

6.2 The Notion of “Total THC”

As mentioned earlier, “total THC content” includes both the THC already formed in the plant and THCA, as the latter can transform into THC after heating. According to the OStup ordinance, the total THC content is often calculated as follows:

Total THC (%) = [Analyzed THC] + (0.877 × [Analyzed THCA])

The factor of 0.877 corresponds to the difference in molar mass between the THCA molecule and the THC molecule after decarboxylation. Analyses systematically reflect this conversion to determine a product’s compliance.

7. Impact on the Production and Trade of CBD Hash

7.1 Genetic Selection and Hemp Cultivation

To ensure staying below the 1% THC threshold, Swiss farmers choose hemp varieties specifically selected for their low THC production. Many growers also work with certified seeds, listed in catalogs validated by official organizations, to maximize their chances of producing legal hemp.

From an agronomic point of view, genetic selection focuses on strains with a high CBD/THC ratio, sometimes exceeding 20/1. Growing conditions (sunlight, temperature, humidity level, etc.) also play a role in the final THC declaration.

7.2 The CBD Hash Market

Thanks to this clear legal framework, Switzerland has seen the emergence of a dynamic CBD Hash market. Specialized shops and online sales sites offer various ranges of resins, with different flavors, textures, and cannabinoid levels. This results in a booming industry that benefits both itinerant farmers and innovative companies.

According to a report by the Swiss Hemp Market Observatory (2021), Switzerland is among the leading European countries in this sector. This dynamic is partly attributable to the legal tolerance of the 1% THC rate, higher than most neighboring countries.

7.3 Modernization and Future Evolution

With the implementation of pilot projects for the prescription of medical cannabis authorized since 2022 (in certain municipalities), additional interest is growing around the hemp industry. This context could pave the way for more scientific research on CBD-rich plant varieties, and several experts already suggest that regulation could evolve in the coming years, for example, by relaxing the limit or introducing differentiated controls depending on product forms. However, at present, no modification of the threshold is formally envisaged in the short term by the Federal Council.

8.1 For Producers

  1. Choose seeds known for their low THC levels.
  2. Regularly have batches analyzed by an accredited laboratory.
  3. Plan safety margins in production (e.g., harvest plants a little earlier to avoid a THC rise at the end of flowering).
  4. Carefully record analysis results and ensure traceability.

8.2 For Distributors

  1. Require recent and reliable certificates of analysis (CoA) from suppliers.
  2. Verify the consistency of the THC rate mentioned on the label with laboratory analyses.
  3. Keep a register of marketed products and supply channels.
  4. Train staff to answer frequent customer questions about THC levels and product legality.

8.3 For Consumers

  1. Buy only from serious and transparent suppliers, capable of providing certificates of analysis.
  2. Check product labeling (THC, CBD levels, origin, batch number).
  3. Keep invoices and documents proving product compliance.
  4. Comply with current regulations, including the prohibition of sales to minors.

9. Frequently Asked Questions About the 1% THC Threshold

9.1 Is It Allowed to Occasionally Exceed 1%?

No. The law does not provide for an exception for an exceedance, even occasional or minor. In most cases, if a batch of cannabis or CBD Hash exceeds even 1.0% or 1.1% total THC, it is considered illegal and falls under narcotics legislation [Source: LStup and OStup, admin.ch].

9.2 Why Does Switzerland Allow More Than the EU (0.2% or 0.3%)?

Each country determines its legal threshold based on its public policies, traditions, and political consensus. Switzerland established 1% as a compromise, considering that this rate sufficiently protects public health while allowing a viable economic sector. It is a sovereign choice that does not bind other countries.

9.3 How to Ensure the Reliability of Laboratory Analyses?

It is recommended to go through Swiss laboratories accredited ISO/IEC 17025 by the Swiss Accreditation Service (SAS). Analysis reports often include information on the method used (HPLC or GC), date, margin of error, and the signature of the analysis manager. This constitutes reliable proof for the authorities.

10. Future Perspectives Regarding Swiss Legislation

Switzerland stands out for having a more flexible policy than some European jurisdictions regarding CBD, and particularly THC. Currently, maintaining the 1% threshold offers an environment conducive to innovation. Laboratories, growers, and researchers manage to develop new products (full-spectrum extracts, CBD isolates, cannabinoid-enriched oils, etc.) while respecting the legal framework.

From a strictly legislative point of view, no major reform on this limit has been officially confirmed for the coming years. However, the debate on medical cannabis and the decriminalization of recreational cannabis remains current, fueled by pilot trials in certain cities. The status of cannabis at the federal level could therefore evolve in the medium or long term, which would inevitably impact the regulation of CBD-rich hemp.

However, even if changes occur, the logic of a limit rate exists to clearly differentiate a potentially psychoactive recreational product from a product intended primarily for wellness or industrial use. In other words, this 1% THC threshold is likely to remain a pillar of Swiss cannabis legislation, in one form or another.

Conclusion

The legal threshold of 1% THC, as inscribed in Article 2 para.5 LStup and specified in the OStup ordinance, is one of the fundamental aspects of cannabis regulation in Switzerland. It determines whether a product is considered a narcotic or not, which has direct repercussions for growers, distributors, and consumers of CBD Hash. Concretely, as long as the total THC content does not exceed this percentage, the product is legal and can be freely marketed on the Swiss market.

This ambitious approach, higher than many international standards, promotes the growth of a CBD-rich hemp industry. However, it imposes great rigor on industry professionals, whether in varietal selection, cultivation methods, or laboratory control. Consumers, for their part, are encouraged to verify the origin and authenticity of products to ensure both their legality and quality.

The current legislative framework, although stable, could evolve in the future with the rise of medical or therapeutic uses of cannabis, as well as debates around the decriminalization of recreational cannabis. In any case, the principle remains: in Switzerland, cannabis containing less than 1% THC is not classified as a narcotic, and its production and trade are legal when they comply with all the provisions of the LStup and OStup.

Thanks to this solid regulation, Switzerland positions itself as a major player in the CBD field on the European continent. Information, training, and transparency remain the best means to promote a healthy market, in accordance with the law and for the benefit of all.