Is CBD oil legal in Europe? The EU Laws & Regulations overview for 2023

 

For a long time, cannabis and all its derivatives were illegal all across the world. It was mostly seen as a harmful drug and was therefore forbidden to use and to grow. But as our knowledge about the cannabinoids progressed, it was discovered that cannabis offers so much more than just its psychoactive effects. And after the useful effects of cannabis extracts (such as CBD) became widely known and accepted, governments around the world started adjusting the laws to allow the use of the substances. The member states of the European Union were among the trend setters in this process. Although many obstacles remain before the CBD market in the European Union can be considered as harmonized and open, we believe that the EU and especially a couple of its member states are moving in the right direction. You can see this as more and more companies are entering the CBD oil market producing a wide variety of CBD products.

Now that the CBD and other similar substances became known for their healing properties, people began to look differently on marijuana altogether. But despite the CBD’s popularity, such transitions need time. CBD and CBD-containing food supplements have become considered in the EU as a novel food. In essence, novel food is by definition a type of food that had not been consumed to a significant degree by humans in the EU before 15 May 1997, when the first Regulation on novel food came into force. 

Over the last few years, many countries worldwide are slowly legalizing certain cannabinoids and their extracts, and we believe this trend is going to continue. But you still need attention for details while figuring out what’s legal and what isn’t. The legal values of substances in question are accurately defined, and what’s legal in one country might be illegal in another.

THC is often the issue – it is not the substance you’re after, but it still often ends up in your extract. The plant, used as the raw material for extracting CBD is Cannabis Sativa L., a plant that also contains the psychoactive substance. While the extraction process is optimized for CBD, some of it will still end up in the extract.

There is also THC-free CBD extract, called CBD isolate. Because this product doesn’t contain any psychoactive substances, it’s more likely to be legal. Some countries do allow sale and consumption of CBD, but only if it’s THC-free. You can read more about CBD isolates in this article.

However, being THC-free doesn’t necessarily mean legal. Before starting your CBD store, or going into any CBD – related business, thoroughly check the law regarding CBD, that applies to your situation.

How do the specific regulations impact my CBD business?

If you’re planning on getting into any CBD – related business, knowing your country’s law is absolutely essential. Even if you have the purest intentions, you might find yourself in serious legal trouble, if you end up dealing with something that’s illegal. Even though dealing with CBD will often mean you’re dealing with a cosmetic product or a food supplement, don’t forget that you’re also dealing with a formerly illegal drug. If you’re interested in the sale of CBD, you need to be familiar with the law of the country you are based in as well as the law of the countries you’re selling to. Whether you want to grow industrial hemp, process Cannabis Sativa L., or sell CBD oil, you need to be familiar with all the applicable laws.

Is CBD completely legal in the entire European Union?

The European Union may just be the biggest world market for CBD products and CBD sale was until a couple of years back unrestricted. Even though some might describe the situation with the novel foods regulation described above as a setback, we would not be so pessimistic. The regulation and the decisions of the EFSA might be just what is needed to harmonize the EU internal market regarding the CBD and CBD oils and launch rapid growth in the EU CBD market in the years to come. 

So is CBD completely legal in the entire Euroropean Union?

There is, unfortunately, no short and definitive answer to this question, as every member state of the EU has its own laws and regulations. While all CBD products aren’t legal in every country in the European Union, it is legal at least in some form in most countries.

Regarding the general attitude towards cannabis in general, Europe was long one of the most liberal places worldwide. A nice example is the Netherlands, where the recreational use of marijuana has been legal for decades already. Another example is the Czech Republic, where possession and use of the substance were decriminalized.

While recreational and medicinal use of a substance are two completely different things, a generally relaxed attitude still helped get CBD and similar substances gain standing among wider crowds and thus contributed to it being legalized sooner. Many countries were already in the process of decriminalizing cannabis in the last decade, which made legalizing CBD easier.

But to get back to the original question, where is CBD legal? To get a definitive and unambiguous answer, we need to talk about the laws and regulations in all the member states. We’ll go over each country in the EU separately, check whether CBD is legal there, but first, let’s look at the EU novel food regulation, which is common for all the member states.

The major change in the whole of the EU happened in February 2021, when Cannabidiol, derived from cannabis secured its name as an INCI ingredient.

The brand-new entry dedicated in the CosIng to Cannabidiol is:

Cannabidiol (CBD) (CANNABIDIOL – derived from extract or tincture or resin of cannabis).

Essentially this means that non-synthetic CBD can be finally incorporated into CBD skin care formulations! 

While CBD may be recognized as a novel food, CBD still has to undergo a registration procedure in front of the European Food Safety Authority (EFSA) to be regarded as the novel food, all across the EU. As of the middle of 2022, 19 applications were made to the EFSA to recognize CBD products as novel food. None of the applications were concluded as of November 2022, as EFSA decided that it needs to gather further information regarding possible adverse effects of CBD – it is extremely important to note that this does not mean that CBD is considered unsafe – quite the contrary, 

EFSA has stated that stopping the application procedure  is very common in this types of procedures and that it will work closely with all relevant stakeholders to procure the relevant data to finalize the procedure. This shows good will on the side of the EU authorities to wrap up the applications regarding CBD in a way most beneficial to all stakeholders, including consumers.

*2021 Update*

The major change in the whole of the EU happened in February 2021, when Cannabidiol, derived from cannabis secured its name as an INCI ingredient.

The brand-new entry dedicated in the CosIng to Cannabidiol is:

Cannabidiol (CBD) (CANNABIDIOL – derived from extract or tincture or resin of cannabis).

Essentially this means that non-synthetic CBD can be finally incorporated into CBD skin care formulations! 

*2022 Update*

While CBD may be recognized as a novel food, CBD still has to undergo a registration procedure in front of the European Food Safety Authority (EFSA) to be regarded as the novel food, all across the EU. As of the middle of 2022, 19 applications were made to the EFSA to recognize CBD products as novel food. None of the applications were concluded as of November 2022, as EFSA decided that it needs to gather further information regarding possible adverse effects of CBD – it is extremely important to note that this does not mean that CBD is considered unsafe – quite the contrary, 

EFSA has stated that stopping the application procedure  is very common in this types of procedures and that it will work closely with all relevant stakeholders to procure the relevant data to finalize the procedure. This shows good will on the side of the EU authorities to wrap up the applications regarding CBD in a way most beneficial to all stakeholders, including consumers.

*2023 Update*

New EU Common Agricultural Policy

On 1 January 2023 a new Common Agricultural Policy, also known as CAP came into effect in the EU. CAP is one of the pillars of the modern EU and it sets forth common standards for the import of certain agricultural products into the single EU market, as well as sets the conditions and standards for the benefits the farmers may obtain for growing certain crops such as hemp.

Among other matters it regulates the import of hemp into the EU market and as such regulates the standards hemp has to meet in order to be imported into the EU. The most important difference from the previous CAP is that the threshold of permitted THC in raw imported hemp was raised from 0,2 % back to 0,3 % as it was before 1999. Furthermore, EU farmers may be eligible for grants and other benefits for growing hemp – however the THC level must remain below 0,3 %, as the EU would like to discourage the production of hemp that might be used for illicit drug production. 

Nonetheless, this is still a step up, the previous edition of CAP limited grants and similar benefits only to hemp with less than 0,2 % THC content. Growing hemp with higher THC content may be allowed in some member states of the EU, such as Italy and Czech Republic, on the other hand, some member states may choose a lower threshold of THC in hemp grown on its soil. 

In the following chapters, we’ll cover the status regarding CBD for each member state:

• Austria
• Belgium
• Bulgaria
• Croatia
• Cyprus
• Czech Republic
• Denmark
• Estonia
• Finland
• France
• Germany
• Greece
• Hungary
• Ireland
• Italy
• Latvia
• Lithuania
• Luxembourg
• Malta
• The Netherlands
• Poland
• Portugal
• Romania
• Slovakia
• Slovenia
• Spain
• Sweden
• United Kingdom

 Austria – YES, with a prescription

Cannabis (and consequently CBD) is somewhat of a gray area in Austria. Possession of cannabis was decriminalized in 2016, but not legalized. This means that having cannabis is still prohibited, but instead of jail, you’ll probably only get fined.

Medicinal cannabis is a thing in Austria, meaning you can get CBD with a doctor’s prescription.

Selling cannabis, however, is considered a much more severe offense, which can end with imprisonment.

Growing industrial hemp in Austria is permitted, but only to extract active substances for medicinal uses.

Up until 2018, it was legal to sell CBD in Austria, as long as the THC levels were below 0.3%. Now, CBD in the form of a food supplement became illegal but is still allowed to be sold as an aromatherapy product.To summarize: you technically can sell CBD oil in Austria, as long as you label it not for human consumption.

 

Belgium – Yes, with a doctor’s prescription

Cannabis is still illegal in Belgium but possessing it was decriminalized for adults over 18, only up to 3 grams. In general, the use of THC products is illegal, but well-tolerated and only rarely prosecuted.

Medical cannabis and drugs for medicinal use with active substances, deriving from cannabis, are completely legal. While medical TCH has not gained as much traction as elsewhere in Europe, it is still a growing and expanding movement.

Industrial hemp has been grown in Belgium for years, but for commercial purposes only. Growing and processing of any cannabis plant are prohibited, even with less than 0.2% THC content.

CBD has been sold both online and in stores for years and with virtually no issues, despite being illegal due to a law, passed in 1912. You can also freely buy dried hemp flowers.

To summarize: Though Belgium is more strict than other countries in Europe, it is often found in stores and can be purchased hassle-free. CBD oil and similar products are technically still illegal but are regularly sold in stores. The situation in Belgium is rather confusing.

 

Bulgaria – Yes

Bulgaria was the first country in Europe that made CBD legal and allowed its sale, but only if it’s made from industrial hemp.

They managed to surpass the above-mentioned EU regulation about novel foods by classifying CBD simply as food. That way, dealing with CBD products is completely legal.

To summarize: CBD products are completely legal in Bulgaria, as long as they have below 0.2% THC content.

 

Croatia – Yes

Possession of low quantities of THC-containing drugs was decriminalized in Croatia, which means getting caught will only result in a fine.

All products, made from industrial hemp and CBD – containing products are legal, as long as they contain less than 0.2% THC. CBD oils and similar food supplements can also be imported in the country.

To summarize: CBD products are completely legal in Croatia, as long as they have below 0.2% THC content.

 

Cyprus – Yes

Cyprus made CBD legal, but only if it comes from industrial hemp. It must also not exceed the 0.2% THC-limit at any point in its production. It is also allowed to travel to Cyprus with CBD oil, bought in the United Kingdom.

To summarize: CBD products are completely legal in Cyprus, as long as they don’t exceed 0.2% threshold of THC content at any point in production.

 

Czech Republic/Czechia – Yes

When it comes to cannabis, the Czech Republic is one of the most liberal in the whole of Europe, where recreational cannabis was decriminalized years ago. Possession of up to 10 grams and cultivation of 5 plants or less will only result in a small fine.

According to the state, any cannabis products with less than 0.3% THC are legal. This means that the and use of CBD oil is completely legal in Czech Republic.

To summarize: CBD products are completely legal in the Czech Republic, as long as they contain below 0.3% THC.

Denmark – Yes

The use of CBD oil and similar cannabis products have been on the rise in the past few years. With the rise in familiarity and use in Denmark, some changes in regulations have occurred, but they made the understanding of what’s legal and what isn’t somewhat ambiguous.

The whole legal status in Denmark regarding CBD products is kind of a grey area. Since July 2018, the cannabis-derived products with below 0.2% THC levels are no longer subject to the laws regarding drug use and possession. Instead, these products are now considered as medical and food products, when it comes to regulations.

Because of that, it is not completely clear whether CBD oil with listed medical benefits would be considered a food supplement or a prescription medication.

Despite this legal ambiguity, CBD oil is being sold hassle-free in both online and offline stores. However, this is only valid for products under the 0.2% content level, as any product above that is still illegal.

To summarize: CBD oil and similar products can be bought hassle-free in Denmark. This is only valid for products, containing less than 0.2% THC.

 

 Estonia – Yes

In Estonia, recreational cannabis is decriminalized, where possessing up to 7.5 grams will only result in a fine. Possessing and distributing large amounts of cannabis still remains illegal.

Dealing with medical cannabis is allowed, but only with a special permit.

The country made CBD legal, but it must not exceed 0.2% THC level.

To summarize: CBD products are completely legal in Estonia, as long as they contain below 0.2% THC.

 

Finland – Yes, with a doctor’s prescription

Finland had made CBD legal, but products containing CBD are considered a medicine and require a prescription issued from a medical professional. Any other cannabis derivatives are illegal and though it’s not often enforced, punishments for even minor possession can be fairly harsh.

To summarize: CBD oil is only legal in Finland with a doctor’s prescription.

 

France – Yes

*Update 2023*

The European Court of Justice ruled that the French ban on imported CBD products that were produced legally in EU member states is illegal under the EU law. In particular, the French authorities tried to ban all products that were produced from the flowers of the stem of hemp, even if their THC level was below the prescribed threshold. The European Court of Justice (1) decided that as CBD cannot be treated as a narcotic drug such ban is not allowed and that authorities must present conclusive scientific proof that CBD is harmful. 

This might be a game changer in the CBD market as France is a big market in itself and growth in France can contribute to fast growth of the CBD market across all of the EU. It seems that France is finally willing to comply with the decisions of the European Court of Justice and the import of CBD oil into France is now allowed. In response to the ruling, the French courts followed the European Court of Justice and ruled that a ban of hemp products derived from the flower of hemp is disproportionate.(2)

The legal status regarding CBD oil and medical cannabis is similar to other western European countries.

Possession of cannabis has been decriminalized and is punishable only with a fine.

CBD oil and is completely legal and can be sold in stores and online, as long as it does not exceed 0.3% content of THC. 

To summarize: CBD oil is completely legal in France, as long as it contains below 0.3% THC.

1) https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-11/cp200141en.pdf

2)https://businesscann.com/big-win-for-french-cbd-industry-as-ban-on-flowers-officially-scrapped-but-government-response-suggests-issue-far-from-over/

 

Germany – Yes

Germany was amongst the most liberal countries in the EU when it comes to accepting cannabis, which does show on its current legal status regarding CBD oil. It is completely legal to be sold and purchased, as long as it doesn’t exceed the 0.2% threshold THC content.

If you’re interested in the details regarding the CBD oil market in Germany, we suggest reading this article.

*Update 2023*

The German CBD market has experienced quite a turmoil in recent months and the situation is unfortunately unclear. In October 2022 two men were convicted with a final ruling of a Federal Court of Justice for selling 60 kg of industrial hemp with less than 0,2 % of THC but rich in CBD to a wholesaler who then resold the CBD products to local CBD shops.(3) The court argued that the sold hemp could be considered a narcotic and disregarded the fact that the hemp was lawfully produced in Spain. 

Nonetheless, the government already responded with a law that would make it clear that only hemp with a THC level above 0,3 % should be treated as a narcotic drug.(4) The law might go even further and even legalize recreational use of marijuana.(5)

The developments in Germany are definitely something you should follow closely as it is the largest market in the EU and it holds significant influence over policy decisions in many other member states.

3)https://internationalcbc.com/german-federal-court-of-justice-upholds-cbd-flower-convictions/

4)https://businesscann.com/hemp-and-cbd-to-be-removed-from-german-narcotics-act-bringing-an-end-to-business-prosecutions/

5)https://www.politico.eu/article/germany-burkhard-blienert-eu-drugs-plan-to-legalize-cannabis-is-out-heres-what-it-says/

 

Greece – Yes

Greece had made CBD legal, but only if it doesn’t exceed 0.2% THC content level during its production. It is also permitted to travel to Greece with CBD oil, bought in the United Kingdom.

To summarize: CBD products are completely legal in Greece, as long as they don’t exceed the 0.2% threshold of THC levels at any point in production.

If you’re interested in the details regarding Greece’s legal status of CBD, you can read more in this article.

 

Hungary – Yes

CBD is legal in Hungary. In fact, the status regarding CBD is the same as in Greece.

To summarize: CBD products are completely legal in Hungary, as long as they don’t surpass the 0.2% threshold of THC content at any point in production.

 

Ireland – Yes

In Ireland, CBD is legal, but it is still somewhat of a grey area.

*UPDATE 2023*

Ireland is one of the few EU member states that seem to be going towards the consensus of liberalizing and harmonizing the thriving EU CBD market. In an unprecedented move, the High Court of Ireland ruled at the end of 2022 that CBD products containing any trace of THC are to be considered as narcotic drugs and thus illegal.

Consequently this means that currently only CBD products that do not contain THC are allowed in Ireland as per the court ruling of the High Court. The ruling caused a huge uproar in the Ireland CBD community that has already started with legal proceedings and lobbying activities to overturn the ruling. The situation is thus rather unclear and we recommend that you exercise caution when selling or buying CBD products in Ireland.

6)https://www.irishtimes.com/crime-law/courts/2022/11/09/high-court-dismisses-challenge-to-irelands-ban-on-sale-of-products-with-thc/

 

Italy – Yes

CBD oil is legal in Italy if it comes from industrial hemp. It must also not exceed the 0.6% THC threshold at any point in its production, which is substantially more than what’s allowed in other countries in Europe.

The cultivation of hemp is also legal in Italy.

To summarize: CBD products are completely legal in Italy, as long as they don’t surpass the 0.6% threshold of THC levels at any point in production.

 

Latvia – Yes

In Latvia, CBD is legal, but only if it doesn’t exceed 0.2% THC content level during its production. It is also permitted to travel to Latvia with CBD oil, bought in the UK.

To summarize: CBD products are completely legal in Latvia, as long as they don’t surpass 0.2% levels of THC content at any point in production.

 

Lithuania – Yes

CBD is legal in Lithuania. In fact, the status regarding CBD is the same as in Latvia.

To summarize: CBD products are completely legal in Lithuania, as long as they don’t surpass a 0.2% threshold of THC levels at any point in production.

 

Luxembourg – Yes

CBD is legal in Luxembourg. In fact, the status is the same as in Latvia, with the only exception in the THC levels. Luxembourg permits a maximum of 0.3% THC.

To summarize: CBD products are completely legal in Lithuania, as long as they don’t surpass 0.3% threshold of THC levels at any point in production.

 

Malta – Yes, with a prescription

Possession of cannabis is decriminalized in Malta for quantities up to 3.5 grams.

Malta made CBD legal, but only for medical purposes, which means it is only available with a doctor’s prescription.

To summarize: CBD oil is legal in Malta, but only with a prescription.

 

The Netherlands – Yes

Among all the countries around the world, the Netherlands has long been one of the most liberal countries, when it comes to cannabis. Recreational use of cannabis has been decriminalized, and its sale and use are widely tolerated, but only in licensed coffee shops.

Technically speaking, CBD is legal, but CBD oil is illegal, because of a detail in law, stating that cannabinoids shouldn’t be isolated from the cannabis plant. Despite this specific law, CBD is widely available in the Netherlands, online as well as in stores.

To summarize: In the Netherlands, CBD is legal, and while CBD oil is technically illegal, it is widely available.

 

Poland – Yes

Formerly, the mindset in Poland towards illicit substances was very negative, and the same was true for cannabis. Fortunately, this has changed for the better in recent years.

Poland made CBD, but only if it doesn’t surpass 0.2% THC level during its production. It is also permitted to travel to Poland with CBD oil, bought in the UK.

To summarize: CBD products are completely legal in Poland, as long as they don’t surpass 0.2% levels of THC at any point in production.

*UPDATE 2023*

The Polish government amended the Act on Counteracting Drug Addiction so that now CBD products are legal as long as the levels of THC do not surpass 0,3 %.(7)

7)https://www.traple.pl/en/cannabis-in-poland-significant-changes-in-legislation-jurisprudence-and-on-the-market/

 

Portugal – Yes, with a prescription

In Portugal, the recreational use of cannabis is decriminalized – up to 25 grams. CBD is also legal, but because it is considered a medicine, it can only be acquired through a doctor’s prescription.

To summarize: CBD oil is legal in Portugal, but only with a prescription.

 

Romania – Yes

CBD is completely legal in Romania, as long as it doesn’t surpass a 0.2% threshold of THC levels.

 

Slovakia – Yes

*2021 Update*

In March 2021, Slovakia removed CBD from the list of narcotic substances.

Starting May 2021, the sale of CBD is legal in all forms except as a food ingredient. This move makes CBD fully legal all across the European Union, while CBD still awaits to be authorised for human consumption.

 

Slovenia – Yes

In Slovenia, recreational use and possession of cannabis was decriminalized but is still punishable by a fine.

Regarding the legality of CBD: its use and sale are permitted by law, but only as long as it doesn’t surpass the 0.2% threshold of THC content.

We’d also like to point out that Essentia Pura is based in Slovenia. The fact that we produce CBD oil and similar products, that are extracted from cannabis also makes us proof of the legality of CBD in Slovenia.

To summarize: CBD products are completely legal in Slovenia, as long as they don’t surpass 0.2% levels of THC at any point in production.

 

Spain – Yes

Spain is also fairly liberal when it comes to cannabis. By law, cultivating cannabis for personal use is legal.

Despite this regulation, it is forbidden to sell CBD products as consumables. However, they can be sold as cosmetics. Therefore, it is completely legal to use and sell CBD oil, as long as it’s labelled “for external use only”.

And besides that necessary label, CBD oil sold in Spain must also have under 0.2% content of THC.

If you want to learn more in detail about the legality of CBD in Spain, check this article.

To summarize: CBD oil is completely legal in Spain, as long as it doesn’t surpass a 0.2% threshold of THC levels, and is labelled as a cosmetics product.

 

Sweden – Yes

Sweden had made CBD legal but unlike other European countries, it can’t contain any THC. Therefore, only THC-free CBD oil can openly be sold and consumed.

To summarize: CBD products are completely legal in Sweden, as long as they don’t contain any THC.

 

United Kingdom – Yes

Though the UK is not a part of the European Union anymore, we still think it’s relevant to include it in this list, as the markets are still interconnected and the CBD oil sale in London is booming.

The UK had made CBD legal but unlike some of the other European countries, it can’t contain any THC. Therefore, only THC-free CBD oil can openly be sold and consumed.

Growing hemp is also allowed in the UK, but only with a special permit.

To summarize: CBD oil is completely legal in the UK, as long as it is completely THC-free.

 

Conclusion

As CBD is becoming more and more popular, countries around the world have started accepting it. And much like other countries, so has the EU.

We’ve established that the legal status of CBD in the EU isn’t the most straightforward topic. Each country has its own law, which dictates the way they deal with CBD and cannabis extracts in general. Even though the EU is trying to harmonize the laws, the process is rather slow.

However, it’s safe to say that throughout the whole of the EU, CBD oil and other similar cannabis products are legal. Yes, some countries have a weird law or regulation, making the legality of CBD somewhat ambiguous. With Slovakia changing its mind in 2020 you can now legally buy CBD oil in every member of the EU – on the other hand, this also means you can try to sell CBD oil in every member state of the EU, though you should always keep in mind the peculiarities of the legal landscape in each country.If Disclaimer: The laws and regulations on this topic are always changing, which means that any information on this topic may quickly become outdated. Moreover, we at Essentia Pura do not guarantee the accuracy of the data, as this article is for informational purposes only. However, it should give you a good overview of the current state in the EU and act as a solid starting point for more thorough research. We cannot stress enough the importance of thorough and correct knowledge on this subject for CBD sellers as well as customers.

 

If you are interested in buying Wholesale CBD products, please contact us at info@essentiapura.com or call us on +38651362880 today – we’d be happy to answer any additional questions.

 

Disclaimer: The laws and regulations on this topic are always changing, which means that any information on this topic can quickly become outdated. Moreover, we at Essentia Pura do not guarantee the accuracy of the data, as this article is for informational purposes only. However, it should give you a good overview of the current state in the EU and act as a solid starting point for more thorough research. We cannot stress enough the importance of thorough and correct knowledge on this subject for CBD sellers as well as customers.

Last updated in January 2023