Cannabis
We are advising a wide variety of clients from Switzerland and abroad across the value chain, including investors, cultivators, distributors, healthcare organisations and other innovators, and help our clients navigate the complexities of a challenging and constantly evolving regulatory environment, which spans areas from agricultural restrictions on seed and crop varieties, food and drug regulations through to industry procedures for the chemical and pharma industry. Our broad knowledge in the pharmaceutical and life science industry as well as in specialised practice areas such as environmental law alongside the traditional areas of corporate, commercial and transaction law, positions us very well to help our clients to succeed in the Swiss and cross-border multi-disciplinary cannabis industry.
Areas of Expertise
Since the establishment of our cannabis practice, we have had the privilege of working on a wide variety of projects, including:
- Cultivation and Extraction: Representing a group of investors in the acquisition of a Swiss cultivator; representing a vertically integrated Swiss operator in an acquisition by a Swiss entity; advising a cultivator with a subsidiary in Macedonia on regulatory, corporate law and venture funding matters; advising a vertically integrated extraction company in the premium market on regulatory law matters (including GMP and GDP);
- Cosmetics and Food: Advising various clients on regulatory matters, in particular with regard to cosmetics and food legislation (including EU Novel Food Regulations);
- Distribution and Retail: Advising a Swiss entity on Terms of Use, Privacy Policy (including Cookies), Cookie Statement etc. specifically for a CBD online retail operation;
- Pharmaceuticals: Representing a Canadian group with a subsidiary in Switzerland in connection with the acquisition of a pharmaceutical company in Switzerland; advising a Swiss company on various legal questions with regards to the application process of new medicinal products under the Therapeutics Act with the supervisory authority Swissmedic (including Herbal Medicines);
- General: Advising various clients on corporate structuring and tax related questions, including on the company’s organisation, shareholder’s agreement and seed-financing.
We offer some of our clients the full range of external counsel services and take care of all of their legal work with competitive and innovative fee structures. We boast of a wide network of specialised cannabis attorneys around the globe and can pick the best partners to help our clients coordinate their cross-border requirements and stay on top of the newest regulatory developments on a national and international level.
MLL is also the first Swiss law firm to join the European Industrial Hemp Association as a member firm as well as the International Cannabis Bar Association (individual member).
Team
Publications
Legal Developments in the Swiss Cannabis Market
Chambers and Partners, Expert Focus 2022 Medical Cannabis Switzerland, 15 November 2022- EN
- Daniel Haymann
- Daniel Donauer
Rezension: Katja Cupa, Zukünftige Regulierung von Cannabis – Wandel vom Betäubungsmittel zum Lebensmittel
Jusletter, 29. August 2022- DE
News Portal
Developments regarding drinking water contamination by PFAS in Switzerland
In the EU and Switzerland, developments are currently underway regarding the maximum levels of PFAS (per- and polyfluorinated substances) in drinking water. Any tightening of food legislation is expected to have to be complied with from 2026.
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European Reforms and Swiss Medtech: New Legislative Amendment on 1 November 2023 About Medical Devices That Have Non-medical Purpose
More than two years have passed after the breakdown of negotiations between Switzerland and the European Union (hereinafter: EU), followed by the set of new European regulations with the primary objective of enhancing the safety standards for medical devices. Switzerland has had to constantly adapt its legislation in this area to align with the heightened standards imposed by the EU.
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Swiss Regulatory Framework for the Sale of E-Cigarettes (Vapes) Today and Under the New Tobacco Products Act as of 2024
Due to numerous new forms of consumption, the tobacco market has changed in recent years. New products such as electronic cigarettes (e-cigarettes), disposable vapes and other nicotine-containing products for oral use are now available to consumers as alternatives to conventional (nicotine-containing) cigarettes and are one of the reasons why the number of cigarette packs sold in Switzerland is declining. These alternative products are becoming increasingly popular.
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Revision: Cannabis Regulation – New Authorization Mechanism for Dealing With Medical Cannabis
On 1 August 2022, not only the annual national holiday could be celebrated extensively in Switzerland. Particularly noteworthy is also the entry into force of the new requirements for the regulation of medical cannabis.
Cannabis was qualified as a prohibited narcotic in Switzerland until the end of summer 2022 – without further specification in relation to a medical application. Accordingly, the cultivation, importation, production, and marketing of cannabis required an exemption permit from the Federal Office of Public Health (FOPH).
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Legal Framework for the Use of Psychedelics in Switzerland
Just in time for summer, the miniseries «How to Change Your Mind» will be launched in July on the Netflix streaming platform. In this documentary series, author Michael Pollan and Co. analyse the history and applications of psychedelic substances such as LSD, psilocybin, MDMA and mescaline. According to experts, research with psychedelics (also known as hallucinogens) or related substances will increase worldwide in the coming years. The market launch of drugs containing MDMA for post-traumatic stress disorder (PTSD) or psilocybin for the treatment of depression is expected in the next five to ten years[1]. The legal framework regarding the use of psychedelics in patients is very pragmatic in Switzerland and unique internationally. Switzerland is a leader in the research and use of psychedelics in psychiatry and is considered an innovation driver in this field. Nevertheless, the regulatory hurdles for researchers and patients are still extremely high. In this article we elaborate on the requirements under which psychedelics may be used in Switzerland today.
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