- 1 Let’s Talk About Cannabis
- 2 Legal Status Of CBD Products Around Europe
- 3 Laws about CBD Products: Country by Country
- 3.1 Austria ✅
- 3.2 Belgium ❌
- 3.3 Bulgaria ✅
- 3.4 Cyprus ✅
- 3.5 Czech Republic ✅
- 3.6 Denmark ⚠️
- 3.7 Finland ⚠️
- 3.8 France ✅
- 3.9 Germany ⚠️
- 3.10 Greece ✅
- 3.11 Ireland ⚠️
- 3.12 Italy ✅
- 3.13 Latvia ✅
- 3.14 Lithuania ✅
- 3.15 Luxembourg ✅
- 3.16 Netherlands ✅
- 3.17 Norway⚠️
- 3.18 Poland ✅
- 3.19 Romania ✅
- 3.20 Slovenia ✅
- 3.21 Spain ✅
- 3.22 Sweden ⚠️
- 3.23 Switzerland ✅
- 3.24 United Kingdom ✅
- 3.25 Russia ⚠️
- 3.26 Slovakia ❌
- 4 What Types of CBD Products are Legal to Purchase?
- 5 CBD and cosmetics
- 6 References
There are many terms thrown around when people talk about the legality of CBD products. Words like, cannabis, hemp, THC and marijuana can often easily determine whether a CBD product is legally available for consumption and purchase or not. But why does this matter? Cannabidiol (CBD) products all look and taste the same, right? Well- not quite. In this article we will talk about the different types of cannabis, what makes CBD products legal and where in Europe you can purchase them.
Let’s Talk About Cannabis
The use of cannabis with high concentration of THC for recreational purposes is prohibited in most countries around the world. Nonetheless, a long list of countries have adopted a policy of decriminalization to make simple possession a non-criminal offense. Others have much more severe penalties. For example, in some asian countries possession of cannabis can result in imprisonment for several years. In most middle eastern countries, possession of very small amounts can result in more severe punishments.
In the United States, for examples, the legal status varies according to state. Read more about CBD Oil in the US here.
Before we get into all that, let’s back up a little bit and talk about cannabis and where CBD comes in. The term cannabis1 refers to a genus of flowering plants from the Cannabaceae family2. The family consists of three primary species: Cannabis Sativa, Cannabis Indica, and Cannabis Ruderalis. While people often refer to hemp and marijuana as “species”, they are actually not.
According to the Journal of Cannabis and Cannabinoid Research3, the terms “hemp” and “marijuana” are wide classifications of Cannabis that were adopted into everyday language by different cultures; however, they technically cannot be called plants on their own.
Nowadays, this is the understanding we have adopted:
- “Hemp” or “industrial hemp” refers to cannabis varieties4 such as Cannabis Sativa L. containing 0.2% or less THC content. It’s cultivation is supervised by state authorites
- “Marijuana”, “marihuana”, “grass”, “weed”, “pot” and “ganja” are synonym words, referring to Cannabis varieties which contain more than 0.2% THC5 and can induce psychotropic or euphoric effects on the user.
CBD is one of more than 60 compounds6 found in the cannabis plant, which means that both “hemp” and “marijuana” contain CBD within their chemical structure. This also means that CBD products can be prepared from all cannabis plants, however the CBD to THC concentration will differ with each plant.
Legal Status Of CBD Products Around Europe
The legality of CBD products for medical use or as a dietary supplement in Europe in general varies by country. CBD laws around the world may vary in terms of possession, distribution, how it can be consumed, and what medical conditions it can be used for. Nonetheless, according to EU law, CBD products must not exceed 0.2% THC7. This applies to all countries in the European Union. This means that CBD products have to be created using CBD rich Cannabis varieties – namely Cannabis Sativa L varieties. The cultivation of Cannabis sativa L. varieties is officially permitted in the EU, upon the conditions that they are registered in the EU’s ‘Common Catalogue of Varieties of Agricultural Plant Species’8 and the tetrahydrocannabinol (THC) content in the plant does not exceed a concentration of 0.2 %.
There are, however, some countries which are following their own cannabis specific laws. We suggest that you always check with your local authorities before purchasing any CBD products.
Laws about CBD Products: Country by Country
CBD products are legal to purchase in Austria, as long as they are not advertised as a food supplement or medication and the maximal content of THC allowed is 0.3%9. This content of THC is higher than the general 0,2% suggested by the EU.
Belgium laws contain a list of plants which are not allowed for use in or as foodstuff10. This list unfortunately contains Cannabis Sativa L, therefore CBD products such as oils and capsules are not legal to purchase.
Bulgaria made history by becomiong the first EU country to allow free sale of hemp-derived cannabidiol11. This makes CBD products legal and easy to purchase in Bulgaria, as long as they contain less than 0,2% of THC.
Cyprus follows the EU regulations and allows cultivation of Cannabis Sativa L12. Any products manufactured from this plans must not exceed 0,2% of THC, making regular CBD products legal to purchase.
Czech Republic ✅
The laws13 the Czech Republic state the following:
NO authorization is required for the acquisition, storage and processing of hemp plants, which may contain not more than 0,3% of the tetrahydrocannabinols, and only hemp for industrial, technical and horticultural purposes, as well as trade in hemp for those purpose.
Therefore, CBD products are legal to purchase, as long as they contain equal or less amount of the officially allowed THC percentage.
In Denmark, similarly to other EU countries, it can be argued that CBD products are legal to purchase if they contain less than 0,2% ot THC. Nontheless, an ongoing debate14 form the Danish authorities keeps CBD users in limbo. They suggest that due to the healing properties of cannabidiol, it can be classed as medicine, therefore you should require e perscription to obtain any CBD products. There is one exception for topical CBD products such as creams and lip balm. These do not require a medical prescrip Nontheless, people are still purchasing CBD online. Our advice: be careful when buying CBD in Denmark.
While CBD products in Finland are legal, they are regarded as medicine, therefore require perscription15. Importing CBD products form abroad is also not easy and heavily regulated.
France follows the general EU law for industial hemp and allows legal purchase of CBD products with content of 0,2% THC or less.
Laws in Germany are very particular when it comes to CBD and cannabis. According to the Narcotics Traffic Act (“Gesetz über den Verkehr mit Betäubungsmitteln” in German), cannabis can also be seen a s non-narcotic, provided that its tetrahydrocannabinol (THC) content does not exceed 0,2 % and that it is used solely for commercial or scientific purposes (other than cultivation) which prevent its abuse for intoxication16. This law should be enough to make CBD products legal to market, nontheless the law goes into more detail, putting further requirements on CBD produts.
Higher Regional Court of Hamm in 2016 ruled that Hemp flower (CBD buds) are illegal for mere consumtion, as they are considered as part of the plant, therefore raw. The judge ruled the following:
Only harmless (processed, editor’s note) cannabis products may then be sold to an end user17.
Police also seems to back up the statement with a tweet on the 15th of January 2019
Der Verkauf von CBD-Cannabisblüten aus angeblich zertifiziertem THC-freien Anbau an Konsumenten ist strafbar.
Dennoch vertrieb eine Berliner Firma diese Ware an Geschäfte und übers Netz.
Gestern standen unsere Ermittler vor ihrer Tür …https://t.co/Rd98c0ZX9N
— Polizei Berlin (@polizeiberlin) 15. Januar 2019
The tweet reads as follows: “The sale of CBD cannabis blossoms from allegedly certified THC-free cultivation to consumers is punishable by law”
The statemend made by the Higher Regional Court set up the standards of which CBD products are legal and which not, but also brough in a lot of uncertainty. As of now we know the following:
- Hemp blossom tea✅
The tea must be made from hemp. The THC content must be less than 0.2 percent.
- CBD tea & CBD coffee ⚠️
Uncertain and unclear laws
- CBD flowers ❌
- CBD oil (full spectrum extract) ✅
Purchase and use is legal if the THC content is less than 0.2 percent.
- CBD oil (isolated CBD) ⚠️
Due to its pharmacological effect, isolated CBD can be considered as medicine.
Acording to Greek law18 hemp-derrived products are not considered as drugs, as they do not contain high amounts of THC. Therefore, CBD products can be legally purchased in Greece.
CBD Oil can be legal in Ireland only if it’s extracted by cold pressing19. Extraction methods such using CO2 or solvents makes CBD oils unfit to sell and illegal.
The situation with CBD in Italy is a bit complicated. While there is no official law, which states that cannabidiol products are legal, there is also no law, prohibiting manufacturing, selling and consuming CBD products20. Manufacturers and consumers alike are taking advantage of this “loophole” and enjoying the benefits of CBD undisturbed.
Latvia follows the general EU law on industial hemp and therefore allows for CBD products with up to 0,2% of THC to be legally sold on the market.
Lithuania is another EU country whuch complies to the general hemp law. You can legally buy CBD products in Lithuania, as long as they contain less than 0,2% of THC.
You can legally buy CBD products in Luxembourg, as long as they contain 0,3% of THC or less21.
According to the Opium law in the Netherlands22, CBD oil is tolerated as a herbal products and can be legally sold and consumed if it is extracted from EU hemp, containing 0,05% of THC or less.
As Norway is not part of the EU, the general hemp law does not apply there. To be legally purchased, CBD oils must contain 0% ot THC.
In Poland there are no restriction in legislation specifically preventing the use of CBD. Hemp strains containing less than 0.2% THC have been cultivated in Poland for a very long time23
Romanian law does not contain any specifics regarding CBD, therefore according to the gneral EU law, CBD products are legal to buy there.
According to Slovenian law, the cultivation, possession, processing, sale and distribution of cannabis having a THC content greater than 0.2% is prohibited under existing legislation24. Therefore, CBD products with less than 0,2% of THC content are completely legal.
Spanish laws are in favor of the general EU law on industial hemp and officially allow the production and purchase on CBD products, containing less than 0,2% ot THC25.
Sweden has some of Europe’s most restrictive drug laws. Since June 2019, the Supreme Court decided that CBD products with THC content, regardless of quantity, should be classified as narcotics26
Previously, CBD was in a grey zone but was considered by the Medical Products Agency to be medicine, especially when many companies marketed the CBD products with medical claims, which means that they automatically fall under the Medicines Act and have to follow certain regulations. CBD products for oral intake are today considered as medicines and in order to sell them, a license from the Medical Products Agency is required. If the product contains THC regardless of quantity, it is classified as a narcotic drug.
Swiss cannabis and hemp laws are fairly relaxed. Hemp-derrived CBD products are completely legal to bring into and purchase in Switzerland, as long as they do not exceed the legal limit of 1% THC27
United Kingdom ✅
It is legal to buy CBD oil in the United Kingdom, if the product contains less than 0,2% ot THC28 as per EU law.
The Government Resolution No. 681 “On Approval of the List of Narcotics, Psychotropic Substances and Their Precursors being a Subject to Control in the Russian Federation” specifies the narcotic cannabinoid THC (Tetrahydrocannabinol), all its isomers and derivatives. Although CBD is not on the list, it is still a THC isomer, like many other cannabinoids with identical atomic composition and molar mass. In this respect there are no official declarations of CBD status on the territory of Russian Federation. Our advice is to stay clear of CBD oil in Russia.
Slovakia’s law are very clear: CBD belongs to their “Group 2” of narcotics, therefore all CBD products are considered illegal for production and consumption alike29
What Types of CBD Products are Legal to Purchase?
There are a variety of CBD products available on the market. These include CBD Oils, CBD creams, CBD capsules, CBD E-Liquids, CBD edibles, as well as CBD infused cosmetics. As long as the finished product contains less than 0.2% to THC, it is considered legal. These products are all made by extracting the CBD compound from Cannabis and mixing it with terpenes and a carrier product, for example hemp seed oil. Nonetheless, not all products created from cannabis contain CBD. Since certain cannabis varieties are grown for their fibre or edible seeds (hemp and hemp seeds), often there is a confusion between hemp seed oil and CBD oil.
The Difference Between Hemp seed oil and CBD oil
Hemp seed oil is produced by pressing the seeds. It contains several plant materials but no THC. Hemp seed oil, unlike CBD oil doesn’t contain any cannabinoids, regardless of the fact that they are both extracted from the same plant. Hemp seed oil is mainly used for cooking, but also as food, as it is a good source of protein, fiber and minerals30.
CBD oil on the other hand can contain many (full-spectrum) or just one (isolate) cannabinoid. It is known for its medicinal properties, mainly due to its anti-inflammatory qualities.
CBD and cosmetics
The EU Cosmetics Regulation31 states that all cosmetic products made available for purchase on the market must be safe for human health when used under normal or reasonably foreseeable conditions.
Further down in the document, in annex II, there is a list of substances which are prohibited from use in cosmetics. It includes any substance referred to in Tables I and II of the Single Convention on Narcotic Drugs of 1961 (the Single Convention)32, which includes cannabis.
Nonetheless, the Single Convention uses a particular definition of Cannabis limited to “the flowering or fruiting tops of the cannabis plant” and excludes the seeds and leaves of the plant when not accompanied by the tops. This means that CBD can legally be used in cosmetics and sold in the EU, when not obtained from the cannabis flower.
- Pollio, A. (2016). The Name of Cannabis: A Short Guide for Nonbotanists. Cannabis and Cannabinoid Research, 1(1), pp.234-238
- Plants.usda.gov. (2019). Classification | USDA PLANTS
- Pollio, A. (2016). The Name of Cannabis: A Short Guide for Nonbotanists. Cannabis and Cannabinoid Research, 1(1), pp.234-238.
- van Bakel, H., Stout, J., Cote, A., Tallon, C., Sharpe, A., Hughes, T. and Page, J. (2011). The draft genome and transcriptome of Cannabis sativa. Genome Biology, 12(10), p.R102.
- Hudak, J. (2019). The Farm Bill, hemp legalization and the status of CBD: An explainer. [online]
- Atakan, Z. (2012). Cannabis, a complex plant: different compounds and different effects on individuals. Therapeutic Advances in Psychopharmacology, 2(6), pp.241-254.
- Cannabis legislation
in Europe (2019) European Monitoring Centre for Drugs and Drug Addiction
- European Comission. (2019). EU Plant variety database. [online]
- Bundesministerium Arbeit, Soziales, Gesundheit und Konsumentenschutz. (2018)Information – Hanf- und CBD-Produkte. [online]
- Federal Public Service (2019) Health, Food Chain Safety and Environment [online]
- Hasse. J (2019) This EU Country Has Become The First To Allow Free Sale Of CBD. FORBES. [online]
- Department of Agriculture (2008) Plant Health and Quality Control Service Selection. Ministry of Agriculture, Rural development and Environment
- Act No. 167/1998 Coll. (2017). Laws for Humans. Act on Addictive Substancesin
- Danish Medicines Agency (2019) Questions and answers on medical cannabis [online]
- Cannabidiol (CBD) is controlled as a medicine in Finland (2019) Fimena. [online]
- Gesetz über den Verkehr mit Betäubungsmitteln (Betäubungsmittelgesetz – BtMG) Anlage I (zu § 1 Abs. 1) (nicht verkehrsfähige Betäubungsmittel), Bundesamt für Justiz, https://www.gesetze-im-internet.de/btmg_1981/anlage_i.html
- OLG Hamm klärt illegalen Verkauf von Cannabisprodukten, Christian Nubbemeyer, Pressederzernent, Oberlandesgericht Hamm – Pressestelle, http://www.olg-hamm.nrw.de/behoerde/presse/pressemitteilung_archiv/archiv/2016_pressearchiv/84-16-Verkauf-Cannabisprodukten.pdf
- Ministry of Justice (2006) Drug Designition. [online]
- CBD Oils and Hemp Oils -Legal Status (2018) Food Safety Authority of Ireland
- Gazzetta Ufficiale (2017) Disposizioni per la promozione della coltivazione e della filiera agroindustriale della canapa[online]
- Le Quotidien. (2017) Le cannabis légal fait son entrée au Luxembourg [online]
- Cannabinoiden Adviesbureau Nederland. (2019) Industry Standard. [online]
- Polskie Radio (2017) Prezydent podpisał ustawę dot. preparatów z konopi. [online]
- National Health Institute. (2014). The use of cannabis in medicine. [online]
- Agencia Española de Seguridad Alimentaria y Nutrición (2019) Uso del cáñamo y cannabinoides en alimentación [online]
- Förordning (1992:1554) om kontroll av narkotika (2019) Sveriges Riksdag [online]
- The Swiss Authorities Online (2019) Cannabis: What are the rules in Switzerland?. [online]
- Home Office (2019). Drug Licensing Factsheet- Cannabis, CBD and other cannabinoids. [online]
- Act no. 139/1998 Coll. (2019) Act on Narcotic Drugs, Psychotropic Substances and Preparations [online]
- Callaway, J. (2004). Hempseed as a nutritional resource: An overview. Euphytica, 140(1-2), pp.65-72.
- REGULATION (EC) No 1223/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 November 2009 on cosmetic products. (2009). Official Journal of the European Union.
- Single Convention on Narcotic Drugs of 1961 (1972). As amended by the 1972 Protocol amending the Single Convention on Narcotic Drugs, 1961. [online]