Responding to the complaints of three cannabis production companies, the court found that there was no legal basis for a 25% tobacco tax on the sales price of cannabis. The tax will be dropped immediately.
In Switzerland, cannabis with a tetrahydrocannabinol (THC) content of less than 1% is legal. It is sold as oil, tea or directly in its flower form. Cannabis blossoms are not explicitly mentioned in tobacco tax legislation, the Federal Court stated in its ruling, which was announced on Tuesday.
This overrules last year’s decision by the Federal Administrative Court to uphold the Federal Customs Administration’s classification of legal pot as a tobacco substitute.
As the Federal Court pointed out, the three companies challenging that ruling don’t sell products for smoking. More typically their products are to be consumed for health benefits, such as the relief of rheumatic pain.
The court also noted that while you could smoke the hemp in question, it would hardly have the characteristics of tobacco.
The plaintiffs will be reimbursed for the period during which their products were taxed at the 25% tobacco rate.
More
More
Tax on legal weed repealed
This content was published on
The Swiss Federal Court has ruled that cannabis – the legal, low-THC version – should not be subject to the tobacco tax.
Switzerland invites 160 delegations to June Ukraine peace talks
This content was published on
Russia is currently not among the delegations invited to talks aimed at helping bring about peace in the conflict between Moscow and Ukraine.
Survey: air travel most popular way to go on holidays for Swiss
This content was published on
Despite the climate crisis, flying is the most popular mode of transport for private travel – particularly among young, urban and high-income travellers.
Swiss government to use phone data to identify asylum seekers
This content was published on
From April 2025, authorities plan to be able to analyse data from mobile phones, computers and other data carriers to identify asylum seekers.
Young undocumented migrants gain easier access to vocational training
This content was published on
Rejected asylum-seekers and young undocumented migrants in Switzerland will have easier access to basic vocational training from June 1.
Migration: Swiss government wants to shorten reunification period for families
This content was published on
Family members of people temporarily admitted to Switzerland should in future be able to join them after two years instead of three.
This content was published on
2023 was a record year for the Rhaetian Railway in several respects. Never before has the narrow-gauge railway in Graubünden, eastern Switzerland, transported so many passengers and cars.
Swiss CFOs much more optimistic despite global uncertainty
This content was published on
The main concerns of business leaders in Switzerland are geopolitical uncertainty and the important trading partners Germany and China.
Swiss health commission calls for legalisation of cannabis
This content was published on
A Swiss government commission has called for cannabis to be decriminalised and for the market to be regulated in the Alpine country.
You can find an overview of ongoing debates with our journalists here . Please join us!
If you want to start a conversation about a topic raised in this article or want to report factual errors, email us at english@swissinfo.ch.