What to know about importing CBD into Portugal?

Portugal is one of the most lenient countries when it comes to penalizing someone caught with drugs. In fact, it decriminalized all drugs, including marijuana and cannabis. So instead, a person is just fined or sent to treatment for possessing small amounts of drugs. 

The Portugal government took these steps due to the increasing rate of opioid overdose and HIV among drug users. Thus, they thought that it would be better if individuals could use legal drugs. It means that getting hold of recreational drugs is relatively easy in Portugal.

Is CBD oil legal in Portugal?

However, this does not essentially mean that CBD or CBD oil is legal in Portugal. It simply means that possession of it would not be regarded as a criminal act. Instead, a person can get off by paying a fine. 

Overview of Portuguese CBD Regulations and Laws

Since Portugal is among the few countries to decriminalize all kinds of drugs, it would seem logical that CBD oil must be legal and readily available. However, that is not the case. Things are still much more complex.

Regretfully, Portugal tightened specific laws after 2018, when the EU categorized CBD as a novel food. Since then, only products authorized as a novel food by European Commission can be sold in Portugal. However, even worst, Portugal made it necessary to have a doctor’s prescription even for CBD oil.

It means that a person cannot buy CBD oil just like that. Instead, one should have specific health concerns and doctors’ prescriptions justifying the use of CBD oil. It also means that doctors would generally prescribe CBD oil in conditions like spasticity, nausea, appetite loss, chronic pain, epilepsy, and resistant glaucoma.

Thus, these laws have considerably limited the scope of the CBD oil business in the country. Moreover, it means that one cannot just sell it via online platforms or special shops. Thus, there is no significant role of online advertising, too. Instead, much depend on the doctors.

Criteria & Policies for Importing CBD into Portugal

Since 2018, it has been essential to have EU approval as a novel food for importing any CBD product into Portugal. However, that is not all. As it is only allowed to be prescribed by the doctors, it means that there is a more significant role for the health ministry in controlling its sales and imports into the nation.

Thus, anyone can only import the product by getting import permission from the National Authority for Medicines and Health Products (Infarmed).

It means that importing CBD into Portugal is complex. Exporter or producer of the product should get novel food approval from European Commission.  Whereas, importer or buyer must obtain a certificate from Infarmed.

Regretfully, despite the countries, relaxed attitude towards most street drugs, starting a CBD business, on the contrary, is quite complicated.

Importing CBD into Portugal within the EU

Importing CBD into Portugal is not complex from the EU manufacturer’s point of view. Since selling CBD or CBD oil in any EU nation requires novel food approval, it means that many would already be having such an approval.

In theory, it means that one can just ship to Portugal with all the relevant documents. However, a greater issue could be finding the importer, a company that is ready to get an import certificate from Infarmed.

Once imported, there won’t be any custom duties on the product, and the product is ready to be commercialized.

Importing CBD into Portugal from other Countries

Whether the product is made in the EU or outside it, there are not many differences in the documents needed to import CBD. However, even manufacturers from outside the EU would still need novel food authorization from the European Commission.

However, there are some minor other differences. Like the certificate of non-EU nations may not be acceptable to Portugal authorities. It means that each batch would be analyzed and certified locally.

Needless to say, that importer would need permission from Infarmed before importing any CBD products.

Unlike EU CBD products, CBD oil from other nations will also be subject to local duties like customs and VAT.

Novel food approval would be only given to products with THC below 0.2%.

Importing CBD into Portugal to Sell

Importing CBD into Portugal maybe not be very difficult. However, selling it is pretty challenging. It is a bit strange that in Portugal, even recreational use of marijuana is legalized, and that would not need a doctor’s prescription. It means that recreational products, like oil with THC as high as 20%, are legal if used for recreational purposes.

But regretfully, if one needs to use CBD oil for health benefits, then THC cannot be above 0.2%. Even worst, it cannot be readily sold. There is a strict requirement for doctors’ prescriptions for every CBD product sold in the country. These regulations have severely limited the market of CBD products in the nation.

Moreover, if Infarmed regulates any products, it means that the health ministry would keep a close eye on the sale of the product. They would also ensure that CBD products are not abused. It is odd considering that marijuana resin with high THC can be used for recreational purposes. Still, low THC and highly safe CBD products sales are controlled through so many complex regulations.

Importing Hemp into Portugal

When it comes to hemp, things are relatively straightforward. Products made up of hemp seeds do not require novel food approval. Moreover, they are naturally free from THC or have it in traces. Thus, these products may be imported as food products. Nevertheless, one may have to provide evidence that the product is derived from hemp seed and not other parts of the hemp plant. Thus, a certificate of analysis and declaration may be needed.

Similarly, hemp seeds are allowed for import from other EU nations. However, only varieties are approved for cultivation in the EU. Therefore, importing seeds from outside the EU could be more complicated.

Hemp fiber is regarded as an industrial product, and thus no issues in importing it. Nevertheless, there might be higher duties on such products.

To conclude, the legal status of CBD in Portugal is complex. Although it has decriminalized the recreational use of marijuana, it strictly controls the sales of CBD oil and other CBD products used for health benefits.

Let us know if you have any additional questions about the Portuguese CBD market. We look forward to being your trusted supplier, just fill the contact form and we will take over the rest.

What to know about importing CBD into Spain?

CBD or CBD oil containing THC below 0.2% is legal in the EU. Spain is part of the EU; thus, it may naturally make CBD legal in the country. However, in practice, it is not always the case. 

Although all European member states must follow EU norms, some local laws may cause issues. Thus, it seems that Spain has a more conservative approach towards CBD. Therefore, unlike Italy or the Czech, the status of CBD is still not clear in the country.

Overview of Spanish CBD Regulations and Laws

Of course, there are EU norms stating that any CBD product with THC below 0.2% and with novel food authorization from the European Commission should be deemed legal in the whole of the EU.

But experience shows that it is not always the case. The case of a French company is quite famous, that had to move to EU court when they were fined for importing legal CBD from a Czech company. EU court gave a clear ruling that if CBD product has been produced legally in one member state, its import must be allowed in another member state.

However, that said, few things are out of EU jurisdiction. For example, any member state can still ban some CBD products based on health concerns.

It seems that Spain is undoubtedly among the conservative EU nations. So, quite like most of the world, it ratified UN conventions of 1961 and 1971, classifying cannabis-derived products as psychotropic and banning their free sales. Since then, there have been minor changes in the law, but not much has changed.

Spain is still debating about the status of CBD.

There is little doubt that earlier or later, it will ratify the new EU laws, adapt new EU norms related to CBD or CBD oil. However, it appears that the country is going slow.

There is news that in 2018, the Spanish government took strict action and removed many CBD products from the shelves. However, covid-19 has not helped the CBD market, as countering the pandemic became a greater priority for the nation.

 So, Is CBD oil legal in Spain? It would be correct to say that in 2021, it is still unclear. There are simply contradicting laws. EU permits the use of legal CBD, whereas Spain has not taken any steps to promote the use of CBD products. However, it has neither taken any measures against it. This has only created confusion, as CBD’s status remains unclear.

At present, most of the decisions regarding cannabis use are taken by the medical products and sanitary agency of the ministry of health of Spain. Although this agency follows all the EU norms, it has not made its position on CBD clear. It means that there is a lot of confusion in Spain regarding its legality. 

Needless to say, that cannabis is grown legally in Spain. Therefore, laws regarding the local production of cannabis products are pretty clear. The confusion mainly prevails regarding importing CBD oil and similar products from other EU states or outside of the EU.

Criteria & Policies for Importing CBD into Spain

As already discussed, things in Spain are pretty complex and unclear. However, it is legal to import CBD into Spain, based on its legality in the EU.

However, that said, Spain has not carried out many changes in its laws and regulations. As a result, although locally produced CBD may be legal, importing CBD into the country could be more complex.

However, it is quite possible that in the coming years, regulations will change. For example, there has been increasing demand in Spain to legalize CBD and allow free sales of CBD products.

We have checked things in 2023, and it seems that still, nothing has changed. Even worse, there are no signs of any upcoming changes in the regulations. Spain mostly continues to identify with international regulations that are not CBD-friendly.¹

Nonetheless, it seems that Spain is tolerant of CBD for topical use. It means that one can readily and legally import cosmetic products containing CBD. However, they must not contain THC above 0.2%. Therefore, products like face masks, shampoo, creams, serums, and essential oils for external use are legal.²

Importing CBD into Spain within the EU

It seems that European CBD companies will have little trouble in CBD shipping to Spain. However, any such product must have been legally produced in other EU member states. Further, the product should have novel food authorization. Additionally, having a certificate of analysis would also help.

Although Spain may have a conservative approach, it is also good at following all the EU norms. Thus, many EU manufacturers can import CBD into the country. However, it is always good to know more about the country’s latest CBD or CBD oil-related laws before planning CBD shipment.

Importing CBD into Spain from other Countries

Importing CBD into Spain from other countries could be complicated and may not be entirely legal. It is because the local law still considers all cannabis products as psychotropic. 

Although, getting EU novel food approval may help. Nevertheless, there could be lots of questions raised. One may still need to prove that the product does not pose any health threat. 

Generally, it is not recommended to import CBD into Spain from countries outside the EU. However, if someone has decided to do so, it is better to get more information from the medical products and sanitary agencies of the health ministry.

When importing from outside Spain, our findings in 2023 show that importing CBD products for external use or cosmetics might be possible. However, importing CBD oil or other products for oral use from outside the EU would not be possible. This is because the only way to do that legally in 2023 is to get Novel Food approval from European Food Safety Authority (EFSA). However, it has put all applications on temporary hold pending further safety investigations. It is still uncertain when it will start giving approvals.³

Importing CBD into Spain to Sell

Importing CBD into Spain is possible, but there are still some issues. First, its legal status is less than clear. At present, it appears that it would be permitted to import CBD to sell from other EU nations. Nevertheless, one should be careful, as its legal status is unclear.

However, it is more complex if someone is planning to import CBD from outside of the EU. Therefore, it would be good to get complete information of the medical products and sanitary agency of the ministry of health before importing CBD products.

Nevertheless, it appears that Spain is slowly moving in the right direction. It is just a better time when CBD is completely legalized. There are many ongoing studies in Spain regarding the beneficial health effects of CBD oil and other CBD products.

Importing Hemp into Spain

Hemp seed products are generally not regarded as novel food in the EU. Thus, they can be imported without many documents. For example, importing hemp seed flour could be pretty straightforward.

Similarly, importing hemp fibre will not be an issue, as it is an industrial product and not for human consumption.

However, things might be more complex with hemp seed oil. One may need to prove that the oil was extracted from hemp seed, and no other hemp plant parts were used.

Reach out to Essentia Pura team for all your Spanish inquiries. Be one of our many happy clients from the Iberian peninsula, your first order is one click away!

What to know about importing CBD into Japan?

Japan is the third-largest economy in the world. It also means that it is one of the largest markets for healthcare products. Moreover, East Asian nations like Japan are well known to prefer natural remedies for health benefits.

Japan opened up its CBD market for global players in 2013. However, quite like other nations, since then, lots have changed.

During the initial days of the legalization of CBD, Japan allowed imports of CBD oils containing THC below 0.3%. However, some elements started exploiting this law and started importing high THC or liquid marijuana products. This forced the Japanese government to make significant changes in the law. As a result, Japan finally outlawed imports of any amounts of THC.

Overview of Japanese CBD Regulations and Laws

It is illegal to import THC-containing products in Japan. The product should be free from even minutes amounts of it (although THC in traces might be permissible).

In Japan, cannabis is any product that has THC, even in minute amounts. Thus, importing THC products is penalized under the Cannabis Control Act (CCA) and the Narcotics and Psychotropics Control Act (NPCA). THC-containing products can be imported only for research purposes or medicinal purposes with prior permission.

It is extremely vital to understand that in Japan, even CBD extracted from leaves or flowers is regarded as cannabis, and thus its import is illegal.

As per Japanese law, only CBD extracted from hemp’s stalk or seed is legal. Thus, any importer would need to prove that the product they are planning to import was specifically extracted from these parts of the plant. It means that the import of THC-free CBD oil extracted from leaves or flowers is prohibited and categorized as cannabis.

Criteria & Policies for Importing CBD into Japan

Before importing any CBD product into Japan, one would need to apply for import permission from the Ministry of Health, Labour and Welfare (MHLW)’s Department of Drug Control.

MHLW would ask for numerous documents:

• Provide certificate mentioning all the ingredients in the product
• Declaration stating that CBD was extracted from hemp stalk or hemp seeds
• Certificate of analysis confirming the concentration of CBD and THC (if in traces). It should also mention all the additives in the product.
• Detailed dossier providing information of the production process
• Photographs of the manufacturing showing that hemp stalk and seeds were used to extract CBD.

Since getting MHLW import permission is a complex task, hiring a local consultant or law firm is generally a good idea.

Importing CBD into Japan from the EU

The procedure for importing CBD into Japan from the EU would be similar to what is stated above. However, it means that one should first apply for authorization from MHLW, along with all the necessary documents.

It would be a good idea also to include a certificate confirming the origin of products. Generally, European certificates have a higher relevance. It is because many EU regulatory authorities work with Japanese regulatory authorities.

Nevertheless, it would be better to import only THC-free products from the EU. Further, it would be still essential to confirm that it was extracted from hemp stalk or seed. THC in traces may not be an issue, and that is natural. However, products containing THC in permissible levels in the EU (with 0.2%) cannot be imported into Japan. Although, MHLW may make an exception in some cases.

Usually, Japan has very low duty rates, generally below 5%. Additionally, one would need to pay VAT on imported products. In Japan, VAT is 10% of the cost of the goods.

Importing CBD into Japan from other Countries

Importing CBD into Japan from other countries would need to follow a similar procedure as mentioned above. That is getting MHLW authorization (requiring documents as stated above). If the authorization is approved, one can import CBD into Japan.

Each batch of imported CBD must be accompanied by an invoice, certificate of analysis, and packing list. Further, in Japan, it is essential to use the metric system in documents and packing materials.

Additionally, it is a good idea to provide a certificate of origin. Japan has favourable duty rates for many developing nations. Finally, it is worth knowing that all imported CBD products would need to pay 10% VAT along with customs duties before they can be sold.

Importing CBD into Japan to Sell

As already mentioned, that importing CBD to sell in Japan is legal. However, Japanese law is quite strict, and every product is strictly checked. It is because the Japanese authorities want to ensure that CBD products should not have high THC or cannot be used for recreational purposes.

It is better to import THC-free products only into Japan. Further, one should always prove to the Japanese authorities that their product was made strictly according to their requirements.

When importing CBD consumables, one would also need clearance from local Quarantine Stations (as required by Food Sanitation Act). Quarantine Stations need to be sure that the product is free from microbiological hazards, other biological hazards, and so on.

Importing Hemp into Japan

Importing hemp oil would need to follow the same procedure as stated above. Since hemp oil is extracted from seeds, one would still need to prove that no other parts of hemp were used during the extraction (although plant stalk extract is also allowed).

When importing hemp seeds, one must provide a certificate that seeds were treated to ensure that they cannot germinate. Generally, treating hemp seeds at 90 degrees Celsius for an hour or a bit more is enough.

As per Japanese laws, the import of hemp seeds for cultivation is illegal. Nonetheless, MHLW-authorized hemp cultivators can import hemp seeds, but not others.

Japan allows the import of food products containing hemp like candies, gummies, and so on. Like CBD oil, one would need to prove that hemp was derived from hemp seed or stalk and ensure that it is THC-free or has THC in traces. The certificate of analysis should support the quality of the product.

It is worth knowing that Japan does not allow the import of animal or livestock feed containing hemp cake or extracts. In addition, CBD products for veterinary use cannot be imported.

Finally, it is worth knowing that Japan does not allow the export of cannabis. It means that if any shipment fails certification in Japan and is classified as cannabis (due to high THC or due to use of leave or flower extract), then it will be destroyed. Re-export of rejected products or shipping back to the country of origin is not possible.

To sum up, Japan is among the nations that do not differentiate between “hemp” & “marijuana.” This is vital to understand that Japanese laws say both are “cannabis plants.”¹

Japan allows importing seeds, seeds products, or products made from mature hemp stalks as industrial products. Hemp seed oil is naturally CBD-free, and the mature stalk is a fiber source. Products made from other parts of the cannabis plant cannot be imported into the country.¹

There is a zero-tolerance policy in the nation for THC. This means that any hemp product imported into the nation must not contain THC in any amounts, which may result in legal issues.

Hence, at present, importing CBD oil for oral use is challenging. However, CBD-based cosmetics, with zero THC and for topical use, are imported and sold in the nation.²

Due to very strict policies, one should always get prior permission from prior confirmation from the Drug Control Department (commonly known as “Matori”) before importing any CBD product into the nation.³Despite so many limitations, Japan is still to market to watch for. In 2022, Japan’s Ministry of Health, Labour, and Welfare (MHLW) established a Cannabis Control Review Subcommittee, which intends to introduce new regulations regarding the legality of CBD in the coming years. It means that the Japanese market is expected to open up for various CBD products in the next few years.²

Looking into bringing CBD into the Japanese market? Look no further! Fill our web form with your request and we will get back to you shortly with the best rates possible.

What to know about importing CBD into the UK?

Imported anything for commercial sales would require some bare minimum documentation. If any product is imported in large amounts, a legal entity must be registered in the country. But that is not all. When it comes to food items, natural products, there are many other restrictions and requirements. 

For example, most nations would have some requirements regarding packaging. In the case of food products, one may need to provide a certificate that it does not pose a biological hazard to the nation and is free from contaminations like invasive insects, weeds, etc. When it comes to CBD, things are a bit more complicated. 

Overview of UK CBD Regulations and Laws

When it comes to CBD regulations, it is complex. It is because there are so many different products, and rules for each would differ. To begin with, one has to show that THC is below 0.2% in the products. This should be proven by the certificate of analysis or certificate of quality control.

If the THC is below the permissible limits, it means that the product would qualify as a novel food in the UK, but not as a food or food supplement. In addition, it means that there is a need for its pre-marketing approval. Such approval is given by FSA (Food Standards Agency) in the UK.

Getting FSA approval and certifying that the product is novel food is a long and tedious task. It requires the preparation of a dossier about the product quality and safety. It generally means hiring a regulatory agency, consultants, collecting a certain amount of health-related data.

However, there is some good news. Unlike EFSA in the EU, FSA in the UK is giving novel food approvals or marketing authorizations for CBD products. So, the procedure might be tedious, but it is working. Moreover, it is likely that one may get a temporary import permit by submitting the application. However, it is always good to use the services of some consulting agencies for such complex tasks.¹

It is worth knowing that CBD flowers cannot get FSA approval. They are still under the Misuse of Drugs Act, irrespective of their THC content. So, the answer to the question, can I import CBD flowers is, No.

Cannabinoids and the UK

However, there is a way out from FSA novel food approval. Legally, CBD and Hemp are two different things. Since the UK and EU have a history of consuming Cannabis sativa seeds, seed oil, defatted hemp seed, and hemp seed flour, they are not regarded as a novel food. However, it is worth understanding that hemp seed oil is CBD free naturally.

Getting import approval for high THC would be pretty complex, as that would require opening an NDS account and getting a license to import the products. High THC products are covered by Misuse of Drugs Regulations 2001.

But that is not all. If the intention is to promote CBD products as a medicine, then the procedure is altogether different. Then one would need to get regulatory approval or license from the Medicines and Healthcare Products Regulatory agency.

Finally, before importing any product, it is essential to understand if it has to be certified by local labs or not. In most cases, a manufacturers certificate of analysis may not suffice. It is not complex, but it would add to the costs and prolong getting customs clearance. Further, even if the goods are cleared from customs, various retailers often demand a third-party certificate of analysis.

Requirements for Importing CBD into the UK

As one can see, things are not that simple. Requirements would depend on what kind of product a person is planning to import. Here we look at the two most common products that one would perhaps like to import: CBD oil or Hemp oil. Other things like CBD flower, high THC products, cannabis-based medicines are altogether a different story. 

In the case of Hemp oil, things are pretty simple. FSA statement clearly says that hemp and related products like cold-pressed oils are not novel food. It is because there is a long history of their consumption in the UK. 

However, it does not mean that there won’t be any requirement for documentation. To begin with, one would need to prove that the product is a hemp oil or related product. Thus, it would still need a certificate of analysis. One may also require documentation or certificates regarding additives in hemp oil. Further, customs may ask for local chemical analysis and microbiological examination.

You can learn more about importing various items, including CBD products, by visiting the UK Gov website or consulting customs agents.^2,3

Additionally, there would be specific requirements for labelling. For example, it should not contain any misleading information or health claims.  

Although, the procedure is pretty simple for hemp oil. But importing legal entities may still need import licenses for food products. It is because hemp oil is not a novel food or medication, but it remains a food product.

CBD oil import

would be more complex and require a greater number of documentations. Be clear that customs would never clear a shipment of CBD oil without authorization from FSA regarding novel food. However, FSA authorization does not provide relief from other certifications. Every batch of the product would still need to have a certificate of analysis. Further, one would need to arrange for a local chemical and microbiological analysis report. 

The two bare documents needed for novel food are FSA authorization and certificates of analysis (both by the manufacturer and local third-party lab in the UK). When getting a certificate from third-party labs, make sure that they have all the necessary credentials. 

As already written earlier, CBD medicines and high THC products have a very different and complex procedure. Those require licenses from various regulatory agencies and high investments.

Importing CBD into the UK from EU countries

If you plan to import CBD oil or hemp oil from the EU zone, it is pretty simple, and documentations are minimal. Of course, one would still need some documentation mentioned above like a certificate of analysis and approval regarding novel food. However, things are simpler in the way that the UK recognizes most of the certificates given by the agencies in the EU.

It means that novel food approval from European agencies would be valid in the UK. So would the certificate of analysis by a third-party lab located in the EU zone and having proper credentials.

In many cases, it might mean minimal documentation. For example, one may attach all the local EU documents, approvals, certificates. However, one would also need to declare the value of the products. Thus, one should not forget to send an invoice with any shipment. 

Imports from EU member states are free from customs duty in the UK. However, they are not free from VAT. Thus, one would need to pay the VAT before freely selling the products in the UK.

Importing CBD into the UK from other Countries

Importing from outside of the EU is a bit more complicated as a lot more documents are needed. The importer should have an Economic Operators Registration and Identification number (EORI number).

Since all goods coming from outside the EU have to pay customs duty, the invoice should mention the commodity codes. But, of course, one must mention the correct commodity code, else it would create trouble.

It is essential to note that one should have all the necessary licenses and approvals like that from FSA for novel foods like CBD oil. Although no such approvals are needed for hemp oil, a certificate proving its purity and safety would still be required.

The next step would be paying the local customs duty and VAT. For those planning to import CBD goods regularly into the UK, it is good to open a duty deferment account.

To pay the duties, one would need to fill import declaration. One needs to submit this import declaration along with all the supporting documents to customs. Some of the essential supporting documents are packing list, invoice, certificate of analysis (both local and manufacturer’s), other licenses like FSA license if needed.

Freight partners are convenient

As one can understand, it could be quite a daunting task to import goods from outside the EU. Therefore, it is common practice to use brokerage firms or customs agents for fulfilling these processes. These agencies have lots of experience, and they can always ensure that things get cleared from customs on time. It is a good idea to consult customs agents much before importing such products to the UK.

Another thing worth knowing is that the UK has a free trade agreement with many nations outside the EU, like Japan and Australia. It means that importing products from such countries would be relatively simpler. Free trade agreement generally means that one does not need to pay local customs duties and just a VAT. So, the process of importing from such nations would be pretty similar to importing from the EU.

Importing CBD into the UK to Sell

It is worth understanding that everything written above is for those intending to import CBD products for commercial purposes. However, importing things for personal use is much simpler. 

Importing things for personal use should be in smaller amounts only. Logically, customs would not believe that someone has imported tons of CBD for personal use. Few packs of CBD oil can be readily imported for personal use without much hassle. One would still need to understand that one may need to pay duties on some expensive items. Exemption rates for goods imported for personal use differ.

To conclude, importing CBD into the UK has its own intricacies. UK legal THC limit is at 0.2, and after that, it could be regarded as a controlled substance. CBD UK customs would ask for many documents when products are of non-EU origin. Therefore, one would need CBD import lenience in the UK. However, one can import CBD oil with proper documents. Importing hemp oil is relatively straightforward, whereas importing CBD flowers is not possible. 

Since Brexit, the cards have been reshuffled and the UK CBD industry offers great opportunities. If you are ready to jump on board, complete the web form and we will get you started!