La cannabis con un basso contenuto di THC non sarà tassata come il tabacco. Il Tribunale Federale Svizzero considera in una sentenza rivelata la scorsa settimana che non si tratta di un prodotto sostitutivo.
La Corte Federale Svizzera ha stabilito che la cannabis nella versione legale a basso contenuto di THC, non dovrebbe essere soggetta all’imposta sul tabacco.
Ciò accade in risposta alle denunce di tre società produttrici di cannabis, il tribunale ha stabilito che non vi era alcuna base legale per un’imposta del 25% sul prezzo di vendita della cannabis. L’imposta verrà rimossa immediatamente.
La sentenza è stata rivelata da uno dei querelanti, il 2 ° Tribunale di diritto pubblico ha stabilito per primo che la legislazione sulle tasse sul tabacco non menzionava espressamente i fiori di cannabis . Quindi si chiese se questi potessero essere considerati sostituti del tabacco e tassati come tali, come deciso dal Tribunale amministrativo federale un anno fa.
In Svizzera, la cannabis con un contenuto di tetraidrocannabinolo (THC) inferiore all’1% è legale. È venduto come olio, tè o direttamente sotto forma di un fiore.
I consumatori di questa cannabis la cercano principalmente perché hanno un effetto positivo sulla loro salute, soggettivamente. Questo non è certamente il caso del tabacco.
La corte ha citato uno studio
La Corte ha citato un recente studio di Addiction Svizzera che afferma che gran parte dei prodotti contenenti cannabidiolo, siano essi olio o fiori, sono consumati da persone che soffrono. Questi ultimi si aspettano sollievo dal loro reumatismo, dolori articolari o muscolari in particolare.
Come sottolineato dal Tribunale federale, le tre società che contestano la decisione di tassare il tabacco non vendono prodotti per fumatori. I suoi prodotti vengono consumati per i loro benefici per la salute, come il sollievo dal dolore reumatico.
Il tribunale ha affermato per la sua decisione che sebbene la canapa in questione potesse essere fumata, difficilmente avrebbe le caratteristiche del tabacco.
In queste condizioni, né la legge sulla tassazione del tabacco né la sua ordinanza costituiscono basi legali che consentono di integrare questo prodotto nel tabacco.
I querelanti saranno rimborsati per i soldi già tassati in precedenza nella tassa.
Presidente Associazione No Profit FreeWeed Board
Mail: direzione@freeweed.it
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