A customer came in, a bit annoyed, to tell me an officer had taken his bag of CBD flowers during a roadside check, even though the product was perfectly legal and bought from us. It's not an isolated case, and it deserves a clear explanation, because it's almost never bad faith on the part of the police.
Why it happens, even when everything is in order
The problem comes from a specific tool: the rapid tests used in the field. These screening tests detect the presence of cannabinoids in general, but can't tell the difference between legal CBD and illegal THC-rich cannabis. Visually too, a CBD flower and a regular cannabis flower look very alike, even to a trained eye. When in doubt, the officer applies the precautionary principle and holds the product pending a more detailed lab analysis.
It's not an automatic permanent confiscation
A seizure in the field isn't the same as a conviction. It's a precautionary measure while the THC content is actually checked. If the analysis confirms the product stays below the legal 1% limit, there's no offence and the situation should be resolved. The time this takes can vary, and that's often the most frustrating part for the person concerned, who is left without their product for days or weeks.
The habit to have before a check even happens
Always keep on you, or easily accessible, the certificate of analysis (COA) for the product you're carrying, along with the receipt. They're your two best proofs if you're checked: the COA shows the real THC content measured in a lab for that exact batch, and the receipt proves the product comes from a legal, traceable source. At Tiny Green, every product has its COA, and we can always provide it on request if you've lost it.
During the check
Stay calm and cooperative, show the COA and receipt if you have them, and ask for an official document confirming the seizure, with the contact details of the authority responsible for follow-up. Don't try to argue on the spot – it's neither the time nor the place, and the officer can't decide the matter alone without the lab analysis anyway.
After the seizure
Follow up the case with the authority named on the document you were given, providing your COA if you didn't have it on you during the check. If the delay seems unusually long or you get no answer, it's perfectly legitimate to consult a lawyer or contact the cantonal public prosecutor's office directly to move things along.
"I was scared at first, but with the receipt and COA I'd kept on my phone, it was sorted in two weeks. Since then I always keep a photo of the certificate on me." – a customer of the shop
My straight advice
This kind of situation is rarely ill will from the police – it's a direct consequence of the limits of field tests. The best habit remains preventive: always keep the COA and receipt for your purchases, even as a photo on your phone. It won't necessarily prevent a temporary seizure, but it almost always speeds up the resolution once the analysis confirms what you already knew.
