Is CBD legal in Switzerland?

Written by

Mag. Valentin Mis, LL.M.

CBD Legal

Legally reviewed by

Valentin Mis

Author

The information provided in our articles has undergone a thorough research process by a team of writers, editors, legal advisors, and medical experts to guarantee accuracy. Only reputable sources have been cited.

Furthermore, to ensure the most recent and relevant data, the content is consistently evaluated against current scientific literature and expert recommendations.

Switzerland is a country famous for many things, pristine nature, efficiency, punctuality, chocolate, cheese. CBD, however, is usually not on people’s radar when they think of Switzerland. Perhaps it should be.

Switzerland is a quiet champion of CBD and cannabis. Swiss law is actually one of the most progressive in European countries. When it comes to CBD and cannabis regulation it looks as if the Swiss are far ahead.

We know that CBD is gaining in popularity, and consumption of cannabis products is rising in Europe. The market for CBD products looks as if it’s going to keep on growing. Governments and producers of different cannabis products are actively looking for a regulatory model that they can rely on in order to efficiently regulate the market. We believe that Switzerland deserves a closer look.

This article is another one in our series, in which we discuss the regulation of CBD products around the world. We understand that CBD is a rapidly growing industry and that regulation cannot quite keep up, which leads to confusion and misunderstandings. We, at Essentia Pura, strive to provide our customers with up-to-date and accurate information about the regulation of CBD products. In addition to that, we want to offer you some advice on how to start a CBD company, or where and how to buy CBD in Switzerland.

If you are at least a bit interested in CBD and the legal regulation of cannabis in Switzerland, please read on.

In this article, you will learn:

• What is CBD?
• The difference between hemp and marijuana in CBD production.
• History of CBD in Switzerland.
• Is CBD legal in Switzerland?
• How to buy CBD in Switzerland?
• How to start your own CBD-related company in Switzerland?
• Lessons the European Union can learn from the Swiss experience.

What is CBD

CBD is short for cannabidiol, which is one of many cannabinoids of the cannabis plant. But just this sentence, does not tell you much. Let us try and break it down for you.

The cannabis plant contains plenty of different cannabinoids, to make things easier try to understand them as components of the plant. Each of them gives the plant its specific attributes. What makes CBD interesting is its link to various health benefits, ranging from anxiety relief, pain management, movement disorders, as well as others. The research on cannabidiol (CBD) is very promising, but we must stress that for most of these benefits, there is not enough high-quality evidence, to link it to CBD without a shadow of a doubt.

Another thing that is consequential for the regulation of CBD is that there are different types of cannabis. We will focus on hemp and marijuana, as they play a major role in the law. Although they are both technically cannabis, they differ in important chemical, medical and legal aspects.

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Marijuana

We will start with marijuana as you are probably more familiar with it. The major reason for the regulation of cannabis is THC. Like CBD, THC is a component of cannabis. The issue governments have with THC is that it is a psychoactive substance. This means that it affects your motoric and cognitive abilities. To put it in plain language: THC gets you high. Most governments around the world prohibit cannabis with high THC content, or at least strictly regulate it.

Swiss cannabis regulation is similar to other countries when it comes to marijuana. Essentially, this means it is still considered to be part of the narcotics act. Cannabis consumption is illegal, but it is not criminal. This means that if the police find you consuming marijuana you have to pay a fine of 100 CHF and if you have less than 10 grams of marijuana in possession you should be fine. Even though personal use is allowed, we urge you to be careful and no do anything illegal.

However, there are some interesting changes coming in Switzerland, as the country is moving towards legalizing cannabis for recreational use. It is now carrying out a clinical study on the long-term impact of recreational use of cannabis. The study will begin with 3000 residents of Zurich, and will later expand to other regions.¹

What the Swiss government is planning is to open the so-called “Cannabinotheque”, a place that supplies cannabis for recreational use to its members. The goal of this is to test the effects of recreational cannabis use on a small test group of people. If this proves cannabis to be safe, it may lead to its legalization in the near future.²

Medical cannabis in Switzerland

Even though the medical use of cannabis is increasingly popular around the world, Switzerland is taking slow and cautious steps. Medical marijuana is basically cannabis products with THC that can be prescribed by your doctor to treat certain medical conditions.

Currently, only one medical cannabis product is available in Swiss pharmacies. On top of that, doctors can only prescribe it if the patient has a special permit from the Swiss government. This means that a lot of people do not have access to swiss cannabis.

To stay on the more positive side, Swiss authorities decided to follow the American FDA and European EMA and approved a CBD drug for treating a rare type of epilepsy. We hope this means that the medical field in Switzerland is moving towards recognizing the full potential of the CBD industry and medical cannabis products.

Hemp

The second major type of cannabis is hemp, which has been around in Switzerland for centuries. Now, hemp is nothing new, cannabis plants grow well in Europe, so hemp cultivation was always popular and people made the most of it. Hemp was consequently used in many different industries, but most prominently people used it in the textile industry.

So what are the differences between hemp and marijuana? Well, mostly its THC content. Hemp has very low THC content, which means that it does not get you high. It still has high CBD content which means you can get all the possible benefits of CBD without the effects on your psychomotor functions. If you want to harness the benefits of CBD without experiencing the effects of THC then CBD hemp products might be a perfect fit for you. You can even grow your own hemp, according to the Swiss government.

CBD oil in Switzerland

Now that we are familiar with the basics of cannabis in Switzerland, we can move on to the legal status of CBD in Switzerland. How does all this affect CBD oils and similar products? How do CBD producers get CBD from cannabis?

In short, scientists extract CBD from the plant so that they isolate it from other cannabinoids. Most importantly, they separate it from the psychoactive substances (THC). They can then use the extracted substance to make CBD-infused cannabis oil or other products.

CBD regulation in Switzerland

As we said at the beginning of the article, Switzerland CBD laws are far more liberal than most of the other European countries.

To begin with, the threshold for differentiation between marijuana and hemp products is higher than usual. Cannabis products containing less than 1% THC content are considered hemp under Swiss law, anything higher than that is marijuana. But even if it is considered marijuana, you can still use cannabis products without any fear.

The 1% THC threshold is a welcome change to the usual 0.2% content that we regularly see in European countries. The biggest benefit of the 1% rule is that it allows hemp farmers to grow their hemp a bit longer and harness all benefits of CBD that otherwise don’t utilize.

CBD products are completely legal in the country. CBD oils and CBD products are freely sold in Switzerland, alongside tobacco products. The restrictions regarding CBD consumption are similar to those of alcohol or tobacco. This means:

• you have to be at least 18 years old to legally buy CBD products.
• you cannot label your CBD products as medical products or advertise them for their health effects
• Swiss federal office of public health advises people not to drive if they recently consumed CBD cannabis products.

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Buying CBD oil in Switzerland

As we explained above buying CBD oil in Switzerland is really easy, the most common thing is to find CBD flowers in stores as a tobacco supplement. In addition to buying CBD in person, you can always order it online, which gives you an even wider variety of products. Swiss cannabis laws are far more lenient than other countries around Europe, so you can import their CBD oils without much to worry about.

In both cases, we still recommend that you thoroughly check the company that you are buying from. There are a lot of extraordinary, innovative companies working with cannabidiol, but as always, there are some black sheep only looking to make some quick money with sub-standard products.

Selling CBD oil in Switzerland

Selling cannabis products in Switzerland is far easier and straight forward than in any EU country. It can be legally sold both online and in-person according to the laws.

In both cases, we recommend that you structure your business around clear, consumer-friendly information about CBD oil that is in line with scientific research.

We recommend that you thoroughly examine your supplier beforehand. Focus on whether they follow all essential cannabis laws so that you avoid any legal troubles. You should only work with accredited buyers and dealers of CBD products. Your supplier should show you that CBD oil product contains less than 1% of THC and is extracted from hemp. Check that they follow other legal guidelines issued by the authorities.

If you are looking for a partner to supply your CBD-related shop, Essentia Pura is a Slovenian company that offers the bulk sale of CBD extracts. We take pride in ensuring strict compliance with the law. We are a trusted wholesale partner for your CBD-oriented company with plenty of experience.

If you have any questions regarding the bulk sale of CBD oil and other products, as well as any legal questions about cannabis regulations in Switzerland do not hesitate to contact us. Our staff will get back to you as soon as possible.

Lessons for the European Union

So what can the European Union learn from Swiss federal cannabidiol laws? In our opinion, the most important lesson is that the market and consumers need certainty and predictability in order to organize and grow. A clear, bold, and straightforward approach allowed the Switzerland CBD market to become one of the most successful and mature markets in the world. Regulation of low THC CBD products sold in Switzerland protects consumers, public health, and aspiring entrepreneurs.

Conclusion

Switzerland has a vibrant cannabis market that the whole of Europe can strive towards. Let us quickly recap the most important points of the article:

• CBD is derived from cannabis plants.
• There are two important types of cannabis: marijuana and hemp.
• Marijuana is considered part of narcotics due to its high THC content, but consumption and possession of up to 10 grams are decriminalized.
• Selling, possessing, or cultivating large amounts of high THC marijuana can land you in jail for years
• Hemp is legal and you can cultivate it yourself.
• CBD flowers are most commonly found as tobacco supplements.
• You can buy CBD oil both online and in stores all around the country.
• Selling CBD products to consumers is straightforward and much easier than in other countries.
• Swizz government is trialing the health effects of recreational cannabis use in a limited population. They are opening “Cannabinotheque”, where members or study participants would be able to get cannabis for recreational use. If the study finds that a broader use of cannabis is safe, then recreational cannabis may be legalized.
• Experiments with recreational cannabis in the nation means that CBD would remain legal in the nation in foreseeable future.

Hopefully, this answered most of your questions regarding Swiss cannabis law, if you have any other questions, please contact us.

If you are interested in the legal status of CBD in other countries you can read our articles about:

• Germany
• The Netherlands
• Italy
• Japan
• Poland
• United Kingdom

Is CBD legal in the Netherlands?

Written by

Mag. Valentin Mis, LL.M.

CBD Legal

Legally reviewed by

Valentin Mis

Author

The information provided in our articles has undergone a thorough research process by a team of writers, editors, legal advisors, and medical experts to guarantee accuracy. Only reputable sources have been cited.

Furthermore, to ensure the most recent and relevant data, the content is consistently evaluated against current scientific literature and expert recommendations.

Who hasn’t heard about the Dutch relaxed attitude towards cannabis and its products? Some cannabis enthusiasts seem to have almost a religious devotion towards cannabis coffee shops in the Netherlands. But is the same progressive stance true for the CBD market?

CBD has been moving upwards in the past decade. It is one of the latest trends in the health and food industry. There are more and more people using CBD products in Europe and around the world. We believe this is due to the promising research that scientists are discovering with CBD.

We are sure that you have come across some articles describing how good CBD is supposed to be for your well-being. In this article, Essentia Pura will try to answer the question: What are the laws regarding CBD in the Netherlands?

You are probably thinking that this will be a short and boring article. After all, the Dutch government tolerates cannabis use in coffeeshops, so why would it have issues with CBD? Well, things are not quite so straightforward. In fact, the whole thing is rather confusing.

If you are interested in the topic, please read on. In this article you will learn:

• What is CBD?
• The difference between hemp and marijuana.
• Some possible medical effects of CBD.
• Is CBD legal to use in the Netherlands?
• Where to buy CBD in products in the Netherlands?
• How to start your own CBD business in the Netherlands?

The  Basics  of CBD

Let us start with some basic information about CBD in general. Cannabidiol (CBD) is a component of the cannabis plant. To say this in simpler words, CBD is derived from cannabis. Now there is more than one type of cannabis plant. In order to better understand CBD and its regulation, we must first explain a bit about cannabis plants. For our purposes, it will suffice to discuss the difference between hemp and marijuana.

Marijuana

Marijuana is without any doubt the more famous of the duo. Especially in the Netherlands, marijuana is what most of the buzz is about and cannabis tourism is a part of our image of Amsterdam.

The main aspect of marijuana is a component known as THC. This part of the plant is the one responsible for the intoxicating feeling you get from marijuana. You know, the famous “high” feeling. This intoxication is also the main reason why authorities are wary of the plant and usually regulate it, or even outright prohibit it.

So how is Marijuana regulated in the Netherlands?

Well, despite the popular opinion claiming otherwise, marijuana is actually illegal in the Netherlands but is considered to be in the soft drugs category, this means that the sanctions will be more lenient than if you have hard drugs. According to the Opium act, it is illegal to grow, cultivate, sell, deliver, carry, and transport drugs in or outside the Netherlands.

It is however decriminalized for personal use. Coffee shops in Amsterdam and recreational use are tolerated. So for our purposes, is its legal? Well, no.

If you are a consumer the difference is minor, but there can be some nuisance for you. That the government tolerates recreational use essentially means that authorities should not bother you just for smoking cannabis. On top of that, as long as you have up to five grams of cannabis you should be fine – however, what you have can be confiscated. To ease your mind, this usually happens on border crossings or when they stop you in your car.

If you have up to 30 grams of marijuana, it will be treated as a misdemeanor – you will get a fine. Any drug possession above that can get you into more serious trouble, but still not as serious as if you have hard drugs. So make sure you stay within the boundaries of the laws.

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Coffeeshops

We all know about the famous Amsterdam coffeeshops where you can freely use cannabis. How does this work if cannabis is not legal? Well ever since the 1970s, the authorities sort of let coffeeshop owners do their thing and they tolerate some amount of drug use in the country as a fact of life. The result of that decision of course was that coffeeshops started springing up all over the place, significantly cutting off the black market.

Medicinal cannabis

Cannabis products are being used more and more even in the pharmaceutical industry. This means that doctors now prescribe cannabis for medical use.  Medical cannabis is legal in the Netherlands since 2003. There are currently 5  medical cannabis drugs on offer in Dutch pharmacies, that have different levels of THC and CBD. 

Hemp

The second variant of the cannabis plant is hemp, sometimes known as industrial hemp since it is used a lot in textile and other industries. The crucial difference between hemp and marijuana is in its THC content. So hemp has virtually no THC, but it is still very rich in CBD, making it very useful for people that want to harness the health benefits of CBD while avoiding intoxication that is caused by THC.

As we said above, hemp plants have been used in western societies for thousands of years.  Despite the long tradition and important cultural heritage of hemp the Opium act, at least technically, prohibits it.  There had been an amendment in the government that now allows for cannabis cultivation if the THC content is below 0,2%. 

Hemp cultivation is only allowed with a permit that must be granted to you by the government. We advise you to talk to a local professional that will guide you through the process.

Back to CBD in the Netherlands

So to recap, CBD is a component of the cannabis plant and it does not get you high. CBD oils have low THC content so they do not have psychoactive effects. Nonetheless, they retain the possible health benefits that come from CBD. There is an increasing amount of research that is showing that you can use hemp cannabidiol (CBD) for pain management, anxiety, and similar issues

You might be wondering how exactly is CBD derived from the cannabis plant?

In short, scientists extract CBD from the plant so that they isolate it from other cannabinoids. Most importantly, they separate it from the psychoactive substances (THC). They can then use the extracted substance to make CBD-infused cannabis oil or other products.

Regulation of CBD in the Netherlands

So what do Dutch laws say about CBD? As we explained above CBD is a cannabis derivative. Consequently, this means that CBD is considered a soft drug under the Opium act.  But as we have also shown, there is a rift between how the governments regulate cannabis on paper and how it enforces the rules. So how do the authorities treat CBD oil?

CBD is in grey area since the Opium act does not mention it directly. It is still supposed to be part of the drugs. But, as things currently stand CBD with less than 0,05% THC level is tolerated by the government and is sold over the counter all across the Netherlands. This is significantly less than the content allowed for hemp production, which causes problems for CBD oil producers. But if you are a consumer you can still order CBD oil and other products online from the common market in Europe. In this case, the THC limit is a bit higher – 0.2%.

There are even more significant problems with CBD production in the Netherlands. It seems that under current Dutch laws, hemp can only be grown in the Netherlands. Apparently, this means that hemp must be exported, and then finished CBD oil or other products are imported back to the Netherlands.

Buying CBD in the Netherlands

As we explained above, buying CBD oil is not a problem in the Netherlands. You can do that online or in person, although legal THC levels are different. The upside of the online shopping experience is without a doubt a wider variety of products that are available. Almost all CBD producers in the EU community have an online store. But even if you prefer going to a physical store you can still find a lot of them in Amsterdam and other major cities across the country.

On top of that, you should be careful to avoid any shops that make exaggerated health claims regarding their products.

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Selling CBD in the Netherlands

If you are thinking about selling CBD in the Netherlands your company should of course strictly follow all regulations regarding CBD and cannabis.  You have the option of selling online or having an in-person, maybe even both. The e-commerce route offers you a bigger market and maybe a bit more security as you only need a warehouse and a website. There is however a unique position of the Netherlands in the CBD and cannabis community, which you can capitalize on with an in-person store.

We recommend that you thoroughly examine your supplier beforehand. Focus on whether they follow all essential cannabis laws so that you avoid any legal troubles. You should only work with accredited buyers and dealers of CBD products. Your supplier should show you CBD oil that does not contain THC and is extracted from hemp. Check that they follow other guidelines issued by the authorities.

If you are looking for a partner to supply your CBD-related shop, Essentia Pura is a Slovenian company that offers the bulk sale of CBD extracts. We take pride in ensuring strict compliance with national and EU regulations. We are a trusted wholesale partner for your CBD-oriented company with plenty of experience. 

If you have any questions regarding the bulk sale of CBD oil and other products, as well as any legal questions about cannabis regulations in Slovakia or other EU member states contact us at our email address.

Conclusion

So what is the verdict? Yes, CBD oils are legal in the Netherlands, but things are not as straightforward as the public thinks. So let us quickly review the article:

• There are two types of cannabis, hemp, and marijuana.
• Both are rich in CBD, but hemp contains very little THC which gets you high.
• Cannabis use is tolerated in the Netherlands but is still a soft drug.
• People are using more cannabis and CBD oil every year.
• Selling cannabis and CBD is permissible only in certain conditions – coffee shops, pharmacies, etc.
• Medical use of cannabis is legal in the Netherlands.
• There are currently five medical cannabis remedies in Dutch pharmacies
• CBD derived from hemp plants is legal, if it contains less than 0,5% THC.
• CBD products can be sold both in-person and online.

2023 update:

In the Netherlands, CBD enjoys a stable legal status, fostering a thriving market with diverse products gaining popularity.¹ Authorities approach CBD as a novel food with care, subjecting products to rigorous evaluations for safety and labeling compliance.³ Prioritizing consumer protection, the Netherlands embraces responsible practices as CBD’s potential benefits are explored by consumers and businesses alike. This approach ensures the industry’s growth while safeguarding public health in this rapidly evolving market.²

We hope this gave you an answer to most of your questions regarding CBD in the Netherlands. If you want any additional information, do not hesitate to contact us, our staff will get back to you as soon as possible.

You are also welcome to read our articles about other countries:

• Germany
• France
• Italy
• United Kingdom
• Ireland

Future of CBD in the EU: The Novel Foods saga

Written by

Mag. Valentin Mis, LL.M.

CBD Legal

The information provided in our articles has undergone a thorough research process by a team of writers, editors, legal advisors, and medical experts to guarantee accuracy. Only reputable sources have been cited.

Furthermore, to ensure the most recent and relevant data, the content is consistently evaluated against current scientific literature and expert recommendations.

With the introduction of the Novel foods regulation the future of CBD industry in the European Union is a bit uncertain. A recent ruling by the European Court of Justice sheds some light on this issue. Nonetheless a lot of doubt remains, but perhaps, there is now a sense that things are moving in a positive direction for the CBD market. 

We, at Essentia Pura, understand that businesses need a stable, certain environment to be successful. Unfortunately, in the fast growing and rapidly changing world of CBD, this is not always possible. Therefore, we strive to provide you with up to date information that can help you make better decisions and enhance your business. 

In this article you will learn:

• Basic information about the CBD market in the EU.
• Basic information about the Novel Foods regulation. 
• How the regulation affects the CBD market.
• Background of the landmark legal case and the ruling of the court.
• How this case might change the CBD industry in the EU.

If you are interested in any of these topics, please read on!

European Union CBD market

We want to jump straight into the main topic of this article, but we must give a brief introduction to CBD first. 

CBD is a component of the cannabis plant, it is usually extracted from hemp, which is a type of cannabis that is both rich in CBD and has low THC content. This means that it does not have any intoxicating effects, it is however, linked to many possible health benefits. 

If you would like to get a better insight into CBD, how it is extracted and what type of benefits might come from it you can learn everything on our blog. 

Now let’s get to the analysis of the EU CBD market.

The EU has the world’s biggest CBC consumption. On top of that the EU can boast with 25% of hemp cultivation on earth – hemp is the plant from which CBD is extracted and CBD products are made from. 

The European Union is the world’s biggest single market, with half a billion consumers that are among the world’s richest population. It comes as no surprise then, that we believe that there is plenty of room to grow. CBD market outlook is, in our opinion, excellent, as things seem to be moving in a positive direction in many of the biggest countries in the EU.

If we take a closer look at CBD, we can see that it is far from a monolith market. This means that CBD is used in different industries, ranging from health, food supplements, cosmetics, as well as some others. If you want to learn more, please read our article on CBD market analysis and 2021 opportunities. 

Each of the industries has its own challenges. In some sectors the problem is too little regulation, meaning that companies can make exaggerated claims that could potentially harm consumers. 

However, if we look at the food supplements part of the CBD market, probably the biggest challenge facing is regulation that is too strict and stifles innovation and development. This is mostly regulation that prohibits or severely limits the use of CBD and hemp extracts. Unfortunately, this could also be the case with the EU Novel Foods Regulation.

EU Novel foods regulation

The first Novel Food Regulation was introduced in 1997 by Regulation (EU) 258/97 with the aim of establishing a food safety mechanism to control newly developed, synthetic, or genetically produced food. An updated version of the regulation came into force on 1st January 2018 (Regulation (EU) 2015/2283).

To put it briefly: novel foods are foods which were not used in the European Union before the 15th May of 1997. 

In 2019 European Commission added cannabinoids to the Novel Foods catalogue. This means that CBD needs to go through an extensive approval process, which usually takes years. On top of that, we do not even know if every company must go through the process or not. Consequently, this has the potential to bring the whole industry to a halt. 

Immediately, a lot of hemp farmers decided to move away from hemp cultivation to a crop with a more secure market. 

CBD as a narcotic?

To make matters worse, in July 2020 the European Commission issued a statement saying that it will be pausing all CBD novels foods proceedings as CBD might be considered a narcotic drug and therefore can never get a novel foods approval. This of course sent shockwaves around the CBD community. Such a decision would effectively prohibit the sale of CBD as a food product and considerably harm the development of a rising multibillion-euro industry.

Don’t worry, the story gets better from here. This is where the Court ruling comes in. 

Origins of the ECJ case

The story starts with a company from the Czech Republic that sells electronic cigarettes with CBD and hemp oil. The hemp they use is grown in the Czech Republic, on top of that the whole product is manufactured in the Czech Republic and is in compliance with the Czech laws. According to the countries regulation the entirety of the plant is used in the process. The company exports most of its products to clients in different member states of the EU, including France. This is where things got tricky.

France strictly regulates CBD products. For example, French authorities regarded CBD produced from the entirety of the plant, this means that the leaf and flower of cannabis are included, as a narcotic. It started numerous proceedings against the company and its leaders. 

The procedure resulted in a suspended prison sentence of 18 and 15 months for both leaders of the company due to infringement of the legislation on poisonous substances, as well as a 10.000 and a 5.000 euro fine for each of the two directors. 

On appeal on the judgment, the judges of the Court of Appeals asked the European Court of Justice for its opinion, in essence, if CBD can be considered a narcotic drug under the EU law? In addition to that, the question they asked is if a member state can prohibit CBD as a narcotic drug and therefore prohibit the marketing of CBD products lawfully produced in another member state? They questioned if such a prohibition is an unlawful restriction on freedom of movement of goods. 

The ECJ ruling

The European Court of Justice delivered its opinion in November 2020. It first considered what law is applicable for CBD products. It decided that CBD is not an agricultural product, since it is extracted from the plant and is not a plant per se. On top of that, CBD is not included in the catalogue of the agricultural products. 

When deciding if CBD can be regarded as a narcotic, the Court made references to UN Single Convention on Narcotic Drugs – the same one European Commission referred to in their statement proclaiming CBD as a narcotic. 

The Court stressed that: “according  to  the  current  state  of  scientific  knowledge,  which it is  necessary  to  take  into account, unlike tetrahydrocannabinol (commonly called THC), another hemp cannabinoid, the CBD at issue does not appear to have any psychotropic effect or any harmful effect on human health.” 

It emphasised that it is true that a literal reading of the UN Single Convention on Narcotic Drugs  would treat CBD as a narcotic, but it went on to say that such reading of the text would run contrary to the intent of the convention. CBD is therefore not a narcotic under the EU law!

The Court, furthermore, recognized that such a prohibition of marketing CBD products is a restriction on freedom of movement of goods. At the end of the judgment it stressed that a member state might prohibit the sale of CBD on the grounds of public health but: “the  national  court  must  assess available  scientific  data  in  order  to make sure that the real risk to public health alleged does not appear to be based on purely hypothetical  considerations.  A decision  to  prohibit the  marketing  of  CBD,  which  indeed constitutes  the  most  restrictive  obstacle  to  trade  in  products  lawfully  manufactured  and marketed  in  other  Member  States,  can  be  adopted  only  if  that  risk  appears  sufficiently established”

The Court previously established that there seem to be no psychotropic effects or harmful effects on human health, so a decision of the French authorities prohibiting CBD based on such risks seems unlikely. 

European commission response to the ECJ ruling

The ruling had immediate and tangible effects on the CBD industry. The European Commission quickly reversed its controversial stance that CBD might be a narcotic and therefore prohibited and resumed the novel foods proceedings. 

This is very good news! 

Does the ECJ ruling solve all the problems and obstacles that the CBD industry faces? No, but it does give it a bit of breathing space. 

Organizations of CBD producers, such as European Industrial Hemp Association (EIHA) quickly went to work and started negotiating with the Commission on the next steps forward with the common aims to enable safe products for customers. We hope these talks will lead to a good compromise for all stakeholders in the CBD industry.

Conclusion

Let us quickly review what we have learned in the article:

• CBD is a fast-growing industry in the European Union.
• Regulation is often confusing, demanding or completely lacking.
• Novel Foods Regulation applies to CBD products as well, which means CBD must undergo a rigorous approval procedure.
• CBD is not a narcotic and can be sold in the EU.
• Freedom of movement of goods applies to CBD products.

If you have any other questions regarding the CBD industry or regulation, please do not hesitate to contact us on our email address. Our staff will get back to you as soon as possible.

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