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By: Elements Of Green
Europe's legal landscape is less than straightforward. From various countries with legal medical cannabis to varying degrees of legality when it comes to hemp-derived CBD, to 44 different countries and 44 different regulations, not to mention pets.
CBD is sold in many different forms:
If you've wondered what's legal, what's not, and what the varying degrees of legality across Europe are, you've come to the right place.
As one of Europe's most trusted places to buy CBD online, you better believe we've done the research, due diligence, and talked to the right people to know precisely what you can do and can't do across Europe!
In this Definitive Guide to CBD Legality Across Europe, we will expand on these key points:
When you consume THC, the cyclic ring allows THC to mimic anandamide perfectly. By binding on with the CB1 receptor, THC causes a psychoactive effect or what is more commonly known as a 'high'. The CBD molecule, however, is different in shape due to the hydroxyl group and therefore does not fit into the CB1 receptor causing a psychoactive effect.
Education is the key to dispelling common myths and misconceptions about CBD, and ultimately will be the key to mass adoption across the world. The first step is to answer the most common questions about the two compounds.
As we have discovered, CBD and THC are, in fact, available in both compounds. Hemp is commonly defined as all cannabis plants with less than 0.3% THC, meaning THC is less associated with hemp even though it's found in trace amounts. Farmers and scientists continue to modify the genetic makeup of hemp to create a crop of hemp that contains zero THC.
On the other hand, marijuana has a variety of Indica and Sativa strains that contain a range of THC and CBD content. Formally, marijuana is any cannabis strain with over 0.3% THC – but marijuana is known to contain up to 35% THC in some cases.
Industrial Hemp cultivation is entirely legal across Europe, but this does not mean that CBD products are legal everywhere. This is because industrial hemp is cultivated for many other purposes, aside from the extraction of CBD.
The cultivation of Hemp is used for a variety of applications, including apparel, animal feed, insulation, and paper. Hemp is considered one of the most versatile crops humans have even grown at scale with so many different applications. In 2020 alone, Hemp growers have sold $1.5 Billion worth of the plant in Europe, and this number will continue to grow. As European countries begin to adopt less stringent laws about CBD, the demand for Hemp will continue to rise.
The sale of CBD products is legal for recreational use in every EU country except Slovakia and Lithuania. Slovakia is, in fact, the only country in the European Union to completely ban CBD(making it entirely illegal).
Where the CBD laws in Europe become more complicated is surrounding the THC percentage that is permitted and who exactly can purchase CBD. The general consensus across Europe is that CBD products need to have less than 0.2% THC to be sold legally. This is the case in all of the following countries:
The important thing to note here is that standard industrial hemp, when cultivated, has 0.2% THC inherently; therefore, pure hemp-based CBD rarely exceeds the commonly accepted limit of 0.2% THC.
ADVANCED NOTICE: These are not to be taken as legal recommendations. Please consult legal counsel before buying CBD in regions labeled 'Legal Grey Area.'
Status: Legal
In the United Kingdom, CBD is legal as long as the percentage of THC is less than 0.2%. The UK's Food Standards Agency has taken the recent EFSA' Novel Food' designation for CBD to define its own CBD laws. The FSA has given a deadline of March 31st, 2021, for all CBD companies to submit a novel food application. This requires companies to provide a list of ingredients and testing credentials for their products. CBD companies are welcoming this as a positive landmark because it allows for legitimacy for their industry in the UK. It also provides some much needed legal clarity for CBD in the UK. The only catch: CBD is illegal when it comes to pets in the UK, unless prescribed by a veterinarian.
Status: Illegal
No cannabis products are allowed in Albania, including CBD.
Status: Illegal
No cannabis products are allowed in Andorra, including CBD.
Status: Illegal
No cannabis products are allowed in Armenia, including CBD.
Status: Illegal
CBD is illegal in Austria, since 2019, because the government claims the sales are uncontrolled, and the products are not clearly defined.
Status:Legal Grey Area
The country has not made a clear distinction on CBD's legality, best to avoid in this region.
Status: Illegal
Cannabis reform has been discussed in Belarus for years, but nothing has been solidified. CBD sales are not approved.
Status: Legal Grey Area
Belgium has had many legislative changes over the last few years when it comes to CBD. CBD oils can be purchased after a prescription has been provided by a doctor.
Status: Legal
Bulgaria overruled the Novel Food designation of the EU, despite being an EU member nation. The cultivation, distribution, and consumption of CBD is legal in Bulgaria.
Status: Legal
Status: Legal Grey Area
CBD Isolate is legal, anything with more than .3% THC cannot be sold.
Status: Legal
Cannabis products are legal, with less than .2% THC.
Status: Legal Grey Area
CBD cannot be marketed as a food ingredient, but is deemed non-psychoactive and is therefore legal for purchase.
Status: Legal Grey Area
CBD cannot be marketed as a food ingredient, but is deemed non-psychoactive and is therefore legal for purchase.
Status: Legal Grey Area
Although some stores sell CBD by using legal loopholes, it is not widely approved.
Status: Legal
CBD isolated is legal, as long as there is .0% THC.
Status: Illegal
Both cannabis and CBD are illegal.
Status: Legal
In Germany, it is legal to buy CBD both online and in stores as long as the THC concentration is less than 0.2%.
Status: Legal
CBD products are legal with less than 0.2% THC.
Status: Legal Grey Area
Products can be purchased online, but legality is unclear.
Status: Legal Grey Area
Hemp cultivation is legal with less than 0.2% THC, but the purchase of CBD products is not clearly defined.
Status: Legal Grey Area
Avoid purchases of CBD products that are not isolated (i.e., more than 0.00% THC).
Status: Legal Grey Area
CBD was legal for purchase with less than 0.6% THC, but in May 2019, the supreme court of Italy banned it unless bought in a licensed pharmacy with a doctor's prescription.
Status: Legal Grey Area
Prohibited to be sold as a nutritional supplement.
Status: Legal Grey Area
Anything with less than 1% THC technically is considered legal.
Status: Illegal
Status: Legal
Legal with less than 0.3% THC.
Status: Legal Grey Area
Status: Illegal
Status: Illegal
Status: Illegal
Status: Legal
CBD sales cannot contain more than 0.05% THC.
Status: Legal (Medical)
CBD oil with less than 0.2% THC is available in pharmacies.
Status: Legal (Medical)
Must have a doctor's prescription.
Status: Legal
It must be derived from industrial hemp with less than 0.2% THC.
Status: Legal (Medical/If imported)
Doctor's prescription required.
Status: Legal
CBD is legal with less than 0.2% THC.
Status: Legal Grey Area
CBD laws are becoming more strict, leaning towards becoming illegal.
Status: Illegal
Status: Legal
CBD is legal, with less than 0.2% THC.
Status: Legal
CBD from hemp and with less than 0.2% THC is legal.
Status: Legal
Most contain 0.0% THC.
Status: Legal
Must contain less than 1% THC.
Status: Legal
THC limit is not defined, but recommend limiting to 0.2%.
Before we delve into the specific legalities of CBD in each country in the EU, it is important to create a 30,000ft picture of the legal landscape. CBD faces 3 major hurdles in Europe:
Earlier in 2020, The European Foods Safety Authority (EFSA) designated CBD as a Novel Food ingredient. This designation applies to all foods that were not commonly consumed before May 1997, essentially encompassing all new food and foods from new sources. In short, this means is that food must be:
What this means is within European Union countries, hemp-CBD companies should adhere to all these standards. However, Novel Foods is not definitive and obligatory, which complicates things further as EU countries don’t technically need to follow it.
What some countries are implementing, take, for example, the UK, and the FSA (Food Standards Agency), are requiring that the CBD industry submit, by March 31st, 2021, a valid novel food authorization application. Only companies with products within this application process and following all guidelines, will be allowed to continue selling.
It’s important to note that not all CBD companies on an individual basis will have to apply, but certainly, all raw ingredient suppliers must meet and pass all requirements. Basically, a CBD product will have to prove its raw materials safety and stability. A novel foods application will clearly outline all uses for the product, effectively making it safe for consumers.
Countries in the EU are by design left to make decisions independently – and this includes CBD.
EFSA's novel food designation is not mandatory for countries in the EU to follow, which has both positive and negative outcomes for CBD. On the positive side, more liberal countries have the freedom to set open policies about CBD within their own borders. However, with 27 countries in the European Union and 44 countries on the European continent, there are 44 independent sets of regulations.
With each country implementing its own guidelines and regulations about 'important, manufacturing, testing requirements and distribution,' navigating CBD's legalities can be challenging. This puts an additional onus on consumers, salespeople, brands, and cultivators to know what the laws are in their respective jurisdictions. Not only can this be costly, but it can also lead to unintentionally breaking the law. The most challenging distinction for both consumers and manufacturers is theTHC content of a CBD product.
Consumers can be impacted by this in many ways. For example, a person traveling from the UK (where CBD is legal with less than .3% THC content) to France (where CBD is legal only with 0% THC) with a CBD product may unknowingly be carrying an unpermitted product when they arrive! In other countries like the Netherlands and Switzerland, CBD with up to 1% THC is legal. The point is, the regulations vary a lot from country to country. When traveling across country borders with CBD, make sure to plan and prepare in advance by knowing what the laws are.
There are 24 official languages designated in the EU, presenting a variety of challenges for hemp-CBD manufactures, distributors, and consumers. This exaggerates the 2nd problem (Different Regulations In Each Country) because it makes it more challenging for people to understand and interpret the array of regulations.
Consumers need to have the ability to understand what they are buying. In a booming industry like CBD, consumers become more vigilant with understanding the product before trying it; additionally, consumers need to have access to as much information as possible without having challenges with language barriers.
Producers also need to be aware of who products are being sold to. There are additional costs to ensure that packaging matches the languages spoken in the country the products are being sold in. Belgium is an example of where this issue can get more complicated than you might expect. Despite the country having a population of 11 million, it has 3 official languages: German, French, and Flemish. A producer of any product being sent to Belgium needs to have those three languages on the label.
Brands, marketplaces, and sellers need to be conscientious of who they are selling to, ensuring that they provide accurate and coherent information. It is paramount to focus on educating the consumer about CBD, and brands and sellers have the most direct line of communication with the end buyer. This puts an additional onus on these people to ensure the correct information is provided in the appropriate language.
The map above shows that 29 countries in Europe that have legalized medical cannabis in some form. Although this is not the same as CBD, it is an essential demonstration that Europe is willing to create an environment that encourages the growth and development of blooming industries. CBD has a lower legal threshold than THC, and as the cannabis market continues to evolve, we expect that hemp-based products will lead the way in market adoption.
We can clearly show that the adoption of CBD across Europe is progressing rapidly in recent months. In fact, the late 2019 infographic above shows that at that time, 58% of CBD consumers only tried CBD for the first time in the last 6 months. Of these consumers, 74% reported a positive impact on their quality of life from trying CBD, and another 23% experienced a neutral effect.
In all, 16% of adults living in Europe had tried CBD at that time. All this points to the fact that Europe is adopting cannabis (and mainly CBD) at a continental scale. From a legal perspective, as the demand for CBD rises, regulators will continue to develop more liberal legislation that will expedite the growth of demand in the industry.
Another distinction that needs to be made here is between hemp and marijuana. This often can be confusing and is important to understand when making CBD purchase decisions.
Our friends at www.medium.com have designed a perfect analogy to help people understand the relationship between cannabis, hemp, and marijuana. Characterizing cannabis as either hemp or marijuana, as the diagram shows, would be the same as describing fruits in the citrus genus as either sweet or sour. Although being sweet or sour may be a characteristic of these fruits in the citrus genus, it does not encapsulate all the types of fruit under that branch. The cannabis genus contains dozens of strains, including Sativa, Indica, and Ruderaus.
Here We have highlighted two products which contains low THC. This is perfect if you are located in region with tighter restrictions.