Is CBD Legal In My Country? [January 2020 Update]

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 has 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 example, 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 cannabis refers to a genus of flowering plants from the Cannabaceae family. 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 Research, 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 varieties such as Cannabis Sativa L. containing 0.2% or less THC content. Its cultivation is supervised by state authorities.
• “Marijuana”, “marihuana”, “grass”, “weed”, “pot” and “ganja” are synonym words, referring to Cannabis varieties which contain more than 0.2% THC and can induce psychotropic or euphoric effects on the user.

CBD is one of more than 60 compounds 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% THC. 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’ and the tetrahydrocannabinol (THC) content in the plant does not exceed a concentration of 0.2 %.

There are, however, some countries that 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%. 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 a foodstuff. This list, unfortunately, contains Cannabis Sativa L, therefore CBD products such as oils and capsules are not legal to purchase.

Bulgaria made history by becoming the first EU country to allow free sale of hemp-derived cannabidiol. 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 the cultivation of Cannabis Sativa L. Any products manufactured from these plans must not exceed 0,2% of THC, making regular CBD products legal to purchase.

Czech Republic ✅

The laws the Czech Republic states 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% of THC. Nonetheless, an ongoing debate form the Danish authorities keeps CBD users in limbo. They suggest that due to the healing properties of cannabidiol, it can be classed as a medicine, therefore you should require e-prescription 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 prescription. Nonetheless, 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 a medicine, therefore require a prescription. Importing CBD products form abroad is also not easy and heavily regulated.

France follows the general EU law for industrial hemp and allows the legal purchase of CBD products with the 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 intoxication. 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 consumption, 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 user.

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
^tsm pic.twitter.com/XhIjmwKMch

- 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 statement made by the Higher Regional Court set up the standards of which CBD products are legal and which not, but also brought in a lot of uncertainty. As of now, we know the following:

• Hemp blossom teaThe 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 ❌
  Officially illegal
• 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.

According to Greek law, hemp-derived 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 pressing. Extraction methods such as using CO 2 or solvents make 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 the manufacturing, selling and consuming CBD products. Manufacturers and consumers alike are taking advantage of this “loophole” and enjoying the benefits of CBD undisturbed.

Latvia follows the general EU law on industrial hemp and therefore allows for CBD products with up to 0,2% of THC to be legally sold on the market.

Lithuania ✅

Lithuania is another EU country that complies with the general hemp law. You can legally buy CBD products in Lithuania, as long as they contain less than 0,2% of THC.

Luxembourg ✅

You can legally buy CBD products in Luxembourg, as long as they contain 0,3% of THC or less.

According to the Opium Law in the Netherlands, CBD oil is tolerated as a herbal product 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 is 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 time

Romanian law does not contain any specifics regarding CBD, therefore according to the general 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 legislation. 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 THC.

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 narcotics

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.

Switzerland ✅

Swiss cannabis and hemp laws are fairly relaxed. Hemp-derived CBD products are completely legal to bring into and purchase in Switzerland, as long as they do not exceed the legal limit of 1% THC

United Kingdom ✅

It is legal to buy CBD oil in the United Kingdom, if the product contains less than 0,2% of THC as per EU law.

The Government Resolution №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 the Russian Federation. Our advice is to stay clear of CBD oil in Russia.

Slovakia’s law is very clear: CBD belongs to their “Group 2” of narcotics, therefore all CBD products are considered illegal for production and consumption alike

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 fiber 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 like food, as it is a good source of protein, fiber and minerals.

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 Regulation 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 that 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), 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.

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Originally published at https://hemppedia.org on August 10, 2018.