Hemp

From 01.01.2021, the following applies:

The agricultural production of hemp is allowed, provided it isn’t classified as a narcotic. All provisions of the seed legislation relating to the production and sale of hemp seed and seedlings are repealed (set of regulations 2020).

For the marketing of planting material for commercial use, the provisions of the plant health legislation must be respected.

For agricultural production, the provisions of the direct payments legislation must be respected.

For the use of hemp as animal feed, the provisions of the animal feed legislation must be respected.

Categories of use
Category	Crop	THC*	Use	Legal base	Competence
recreational Cannabis	flower	> 1%	other than medicinal	NarcA	FOPH
medical Cannabis	flower	> 1%	medicinal	NarcA TPA	Swissmedic
CBD-hemp	flower	< 1%	medicinal / industrial	TPA / other	casewise delimination
oil and fibre hemp	seed, shoot	< 1%	industrial	AgricA	FOAG

*narcotic substance tetrahydrocannabinol

FAQ

Has the Swiss catalogue of oil and fibre hemp varieties been repealed?

Yes. The FOAG Variety Ordinance will no longer contain a variety catalogue for hemp from 1st January 2021.

Will hemp also be deregulated in seed legislation in the EU?

No. As before, hemp is regulated in the EU Marketing Directive for seed of oil and fibre plant species, which has been transposed into national law by the respective EU countries. The EU Common Catalogue of Varieties therefore continues to contain all oil and fibre hemp varieties authorised for marketing in the EU.

How can seed of oil and fibre hemp varieties be obtained in Switzerland in future?

Seed of hemp varieties for oil and fibre is not produced in Switzerland and can therefore only be obtained from abroad. The agricultural seed trade companies in Switzerland have established distribution channels for the oil and fibre hemp varieties approved in the EU, through which certified seed can still be obtained.

Can hemp seed be exported abroad in future?

In principle, there are no requirements for the export of hemp seed from Switzerland. However, seed of oil and fibre hemp varieties - if it were produced in Switzerland - could not be officially certified in Switzerland in future and exported as such. Please inform yourself about the requirements applicable abroad for the import of hemp seed.

Is there a notification or authorisation requirement for hemp cultivation at the FOAG?

No. The cultivation of hemp is not regulated by the FOAG. The FOAG does not issue cultivation permits. At cantonal level, however, it is recommended that the competent authorities be notified of any project involving the cultivation of hemp.

How does the FOAG record the agricultural production area under hemp cultivation?

For farms, hemp is recorded on the production area form under code 535. The area is recorded by the canton as part of the data collection from farms. When recording the area, neither the cultivated variety nor the use of hemp is recorded.

How large is the agricultural production area under hemp in Switzerland?

The agricultural area under hemp in Switzerland is very small, but has increased significantly in recent years. In 2019, a total of 243 ha of production area was recorded (118 ha in 2018, 5 ha in 2014).

Is the cultivation of hemp subsidised in Switzerland?

Yes, the cultivation of oil and fibre hemp. No direct payments are paid for hemp that is not cultivated for the use of the fibres or the seeds.

Is it still possible to apply for protection of plant breeders' rights to a hemp variety (plant variety protection) in Switzerland?

Yes. The Plant Variety Protection Act and the associated implementing provisions remain unaffected by the changes in seed legislation.

Are there import requirements for hemp seed and planting material in Switzerland?

Import requirements in connection with seed legislation will no longer exist after 1st January 2021. However, a plant passport is generally required for planting material respectively a phytosanitary certificate for imports from third countries.