8 minute read

Is CBD legal in Poland?

Essentia Pura is a Slovenian company working in CBD related business. We strive to provide our customers with factual and up to date information about CBD regulation in member states of the European Union.

In our past articles, we explored the possibilities of setting up a CBD related business in Germany, Spain, France, and Italy.

We also provided our customers with a comprehensive article about the EU, where you can find basic information for each of the member states. Since legal regimes in each country are a bit different, we are continuing with this country by country blog posts, where we explore the regulation in depth. This time we are moving a bit to the east of the European Union, to Poland.

The eastern countries of the EU, including Poland, were until recently a bit more conservative in accepting cannabis-related products. This conservative attitude has been rapidly changing in recent years.

Some countries introduced lower sentences for the cultivation of cannabis and possession of the plant. Poland also legalized medical cannabis, even there are some issues with the supply, so the process did not really take off.

As a result of these developments, the CBD community is rapidly rising in Poland and a lot of people are thinking about joining the CBD community.

If you are interested in the use of cannabis and want to know what legal options are there for CBD products, then this article is perfect for you.

Or maybe you are setting up a CBD business? In this case, comprehensive knowledge of regulations and laws is crucial for your success. We understand that getting trustworthy information about a rapidly changing business can be challenging. This is why we try to keep up to date with the latest developments in the CBD community and inform you about any changes in this blog.

The EU is aiming to achieve a common policy in regards to CBD products. Despite this, it is not uncommon that different member states regulate cannabis and its products differently.

In this article, we will explain the difference between cannabis, hemp, medical cannabis, and CBD products. We will focus on what is legal and what is not. From there on we will clarify how CBD can be used in Poland.

Furthermore, the article will explain your options when buying CBD products in Poland.

We can safely say that Poland is a good place to sell and buy CBD products, but as always there are some obstacles you have to watch out for.

If you want to learn more about regulation in Poland and the legal questions around CBD you are welcome to read the article in full.

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CBD and cannabis basics

Cannabis, also known as marijuana is a famous plant, its use has been treated differently throughout history. Without a doubt, it is a plant with numerous effects. Some claim it is responsible for relaxation and health benefits, others prefer recreational use, some see other values in it.

It is important to mention that countries usually differentiate between marijuana and hemp. Both are considered to be Cannabis Sativa, but marijuana contains higher levels of THC (the part that causes you to feel the high feeling), whereas hemp usually contains much lower THC levels. Even when hemp does contain THC it is only in traces, usually bellow 0.2% THC. This number is the threshold for the legal status of cannabis in Poland.

Any Cannabis Sativa plant with levels of THC above 0.2% is considered marijuana and illegal. As shown above, medical cannabis is legal in Poland since 2017.

On the other hand, any Cannabis Sativa with less than 0.2% THC is considered hemp and therefore legal under certain conditions. This rule is commonly found in most of the European Union.

Both cannabis and hemp, contain large amounts of other cannabinoids including what we are interested in – CBD.

CBD is an extremely important part of the Cannabis Sativa plant. In recent years, extensive research has been conducted on the Cannabis plant. This research showed numerous positive effects of cannabidiol (CBD), a phytocannabinoid extracted from Cannabis sativa L.

Cannabidiol (CBD) is one of 113 cannabinoids that comes from the cannabis plant. CBD is extracted from the cannabis plant in such a way to make it isolated from other cannabinoids. Most importantly, it can be separated from THC, the psychoactive element in cannabis.

Hemp in Poland is nothing new. In fact, Poland has a long history of cannabis use. Industrial hemp has been present for centuries and it was used for many products: clothing, weaving, food as well as medical use.

So are CBD products legal in Poland?

The short answer is yes, they are. But as we dive deeper into the matter, things get, of course, a bit more complicated. In order to comply with the law, your business must follow the regulation of cannabis in Poland. For example, this means getting all the necessary permits for hemp cultivation, or other similar legal papers for your company.

CBD production in Poland can be categorized into four major areas:

  • Farmers that grow hemp in Poland
  • Wholesale of industrial hemp,
  • Processing hemp for different hemp and CBD products
  • Retail sale of CBD products

In the following paragraphs, we will take a look at each of those steps. We will focus on what you should know before you start your company.

a) Hemp cultivation

As we stressed before, hemp cultivation is technically legal, but you need a permit from the polish authority in order to grow it. According to the laws of Poland growing hemp is only legal if you use it for textile, chemical, cellulose and paper, food, cosmetics, pharmaceutical, building materials, and seed industries. As you can see this still offers a wide variety of products and services that can be legal in Poland. As we have stressed before, growing your own hemp, for whatever use, is illegal.

b) Wholesale of hemp and CBD

The same can be said for the wholesale purchase of legal cannabis products. Here to a permit must be granted by the government of Poland. In order to obtain the permit, you must show that you have a contract with a farmer to buy a certain quantity of their crop.

c) Hemp and CBD processing

If you wish to process cannabis hemp into a different product you need to make sure that you are dealing with – licensed entities. You also need to take care that your business meets all the necessary requirements for such processing. These requirements of course depend on what sort of product you are making – food and pharmaceutical products are naturally more tightly regulated than clothing.

d) Retail sale of CBD products

As above, conditions for selling CBD products to consumers depend on what type of product you are selling. In this article, we will focus on selling food products. In this case, it is really important that you label your products properly, so a consumer can without a doubt identify that it is in fact a CBD product. You must also meet other sanitary requirements. your

Where to buy CBD products in Poland

You can freely buy CBD products online as well as offline in Poland.

Online shopping seems to be a popular choice among Poles, most likely due to bigger competition. Consequently, this means that prices are far more reasonable. Most EU online shops offer free shipping to other EU member states, making shopping from the comforts of your home really attractive.

If you prefer shopping face to face you should not worry. You can still find a wide range of CBD related products in stores across Poland. We recommend that you check out your local herb shop or alternative medicine store.

When you are buying CBD products you should always take care that you buy good quality products. In order to make sure that you are getting the real thing look with products with certificates of analysis (CoA) – this is a “purity test”.

Furthermore, we recommend that you avoid any stores that make exaggerated health claims. CBD products are beneficial and the use of CBD can help in many situations, but it cannot perform any magic.

If you are starting your own retail CBD product business you should thoroughly check your supply chain. Focus on how well they understand and follow the essential cannabis regulations. This is the most secure way to protect your business.

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Firstly you should make sure that you are only dealing with partners that have an appropriate permit. Furthermore, they must always assure that the hemp they use has a THC level below 0.2%.

Last but not least, you should watch out for proper labels on your products. As we have stressed above, consumers in Poland must understand that they are buying CBD products.

If you are looking for a partner to supply your CBD related shop, Essentia Pura is a Slovenian company that offers 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 business. If you have any questions regarding the bulk sale of CBD oil and other products, as well as any legal questions about regulations in Poland or other EU member states feel free to contact us on our email address. We will get back to you with a detailed answer to any question regarding the cannabis business.

Conclusion

So is CBD legal in Poland? Lets quickly review what we have learned.

CBD is legal in Poland if it is derived from hemp with less than 0.2% THC level. Companies growing, selling or processing hemp need appropriate permits from the authorities. Consumers need to be properly informed about the CBD content in the products, as well as about their use.

Cannabis with a THC level above 0.2% is illegal in Poland. Recreational use of cannabis is consequently forbidden. Nonetheless, Poland is making some progress with the use of medical cannabis.

Hopefully, this article answered most of your questions and encouraged you to try yourself in the CBD business.

9 minute read

Is CBD oil legal in Italy?

When we hear the word Italy, most of us think about the land of sun, good wine, and plenty of extraordinary food. We consider it to be a place to relax, regain your strength and health.

In recent years the western world has witnessed a growing demand for CBD related products. You have certainly come across some news about cannabis and CBD oil. A lot of these articles are highlighting the health and relaxation effects that come with the use of CBD. As a result of growing demand, plenty of people are trying to succeed in the CBD related business.

So is CBD oil legal in Italy?

The short answer is yes. Italy allows the use of CBD oil and has a competitive legal regime regarding CBD products. This is why the CBD business has been rapidly expanding in recent years.

There are plenty of opportunities to start your own CBD oriented business. As always there are a couple of things you should watch out for. For example, in order to succeed with your company, you have to carefully study the legal aspects of the country. It is crucial for you to differentiate between different terms such as marijuana, hemp, cannabis light, THC, and many others.

We all heard how confusing, slow, and complicated the Italian system can be. Regulation of CBD is no different, it has been changing rapidly in the last years on many different levels. All of this can sometimes seem like too much to follow.

With this in mind, the team of Essentia Pura is here to assist you. If you are in fact planning to start your own CBD related business, or if you are just interested to learn more about CBD in Italy please read on. You are also welcome to contact us at our email address.

In this article, we aim to answer all your questions regarding CBD oil and other products in Italy. At the beginning of the article, we will quickly review some basic facts about CBD production. Then we will focus on how Italian law regulates CBD oil, as well as where and how you can sell or buy CBD related products. We will specifically deal with the business side of things. Hopefully, this article will tackle any obstacles you face if you are setting up your CBD business in Italy.

You might be interested to know that this piece is a part of our series covering regulation of CBD in the European Union. You are welcome to read our comprehensive article covering the EU and country-specific articles dealing with the laws of Germany, Spain, and France.

Overview of CBD

First, let us clarify what CBD is.

Cannabidiol (CBD) is one of the many substances found in the Cannabis Sativa plant. The plant itself is mostly known for its recreational use. But it is still full of secrets and mysteries.

There are two distinct types of cannabis: marijuana and hemp plants. The main difference between the two is whether they contain a high level of THC or not. Marijuana has a high percentage of THC, whereas industrial hemp is usually almost without a trace of THC.

Industrial hemp is therefore usually legal. It is widely accepted throughout the world and is used in many different industries. Marijuana, on the other hand, is still considered only a drug.

Researchers are working intensively on the cannabis plant. Apparently you can find 113 different substances in the cannabis plant. CBD is, without a doubt, one of the most prominent components of the plant, right beside the famous THC – this is the part that is the main cause of you feeling “the high”.

Recent discoveries have shown us that CBD products might have numerous effects on your well being. All this, of course, led to an important shift in public opinion.

In the past, the authorities treated the plant and its derivatives solely as plants with narcotic effects. Something almost exclusively bad. As we have shown above this is clearly not the case. As a result, CBD is more and more frequently used in a wide variety of products.

Nowadays scientists use an efficient process to isolate the CBD from other substances in the cannabis plant. You can learn more about this process and its benefits here.

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History of cannabis and CBD products in Italy

Italy has a complex relationship with cannabis and CBD. Even though recreational cannabis and the use of CBD products are still not legal in Italy, some forms of cannabis (for example cannabis light) are allowed.

Let us quickly explain the important parts of the legal status of cannabis throughout history.

Court_italy

a.) Medical cannabis

As early as the 1990s cannabis was considered a “soft drug”. This meant that possession and use of cannabis were subjected to softer penalties. So cannabis was not completely legal but it was also not considered as bad as certain other drugs.

Then in 2007, the government decided to make medical cannabis legal. However, these cannabis products could only be produced if you had a specific governmental permit. But even with these restrictions, some form of cannabis had been made legal in Italy.

The infamously complicated and long bureaucratic procedures that we mentioned before are playing a part in this story too. They led to the fact that no local businesses sprung up. This meant that Italy had to import all medical cannabis and CBD products. The imported products were significantly more expensive than other, domestic remedies. To fix this issue the government mandated the Italian army to produce a specific strain of medical cannabis in 2014, bringing the cost of medical cannabis down. Even with these efforts, the cost of legal medical marijuana is still high and Italians are unfortunately still turning to the black market for their supplies.

Nonetheless, you can now get a doctor’ s prescription for medical cannabis and use it to treat certain types of health issues. The conditions eligible for treatment with medical marijuana include:

  • Multiple sclerosis (MS)
  • Chronic pain
  • Glaucoma
  • Tourette’s syndrome
  • Nause

Data shows that the recreational use of cannabis in Italy is widespread. Nonetheless, it is still not legal. Possession or use of small amounts of cannabis is, however, only punishable with a fine and is not considered a criminal offense. With that said, there is more than enough space to operate your CBD business completely legally in Italy, We therefore strongly advise you to pay strict attention to the law.

b.) Industrial hemp

Hemp plants went through a similar story. Before the second world war, Italy was among the leading producers of hemp. This quickly changed and hemp cultivation was prohibited in Italy until recently. As soon as the legal restrictions were lifted fields of hemp with low THC content started popping up all across Italy. The production of hemp rose from 500 acres to 5000 acres – an extraordinary increase in production. This hemp plants, with low THC content, are also known as: “cannabis light”

The restrictions on hemp are similar to those in western states. Italy first regulated that Cannabis light should contain less than 0. 2% of THC. Later, however, Italy set a tolerance limit a bit higher: at less than 0 .6% THC. It seems that this makes cannabis light products and their derivatives completely legal in Italy.

Things got a bit more complicated in May 2019. The Supreme Court of Cassation of Italy made a ruling stating that cannabis derivatives with narcotic effects are not legal. This created a great deal of confusion among the cannabis products business community. The vague language of the court makes things confusing. It is not exactly clear if products with the range of THC between 0.2 %and 0.6% are considered narcotics or not.

Cannabis_plant

The legal status of CBD derivatives

CBD products can be sold freely in Italy, but they are subject to the above-described regulation. If the oil is derived from cannabis with a high content of THC then only a pharmacy can sell it to people with a prescription. On the other hand, CBD oil made from cannabis light or hemp is legal and can be freely sold as a food additive everywhere in Italy.

There is great uncertainty due to a recent judgment of the court. So far nothing much has changed in the actual regulation of CBD oil in Italy. The ruling, however, introduced a murky area of law that needs to be urgently addressed.

Buying CBD oil in Italy

CBD oil and other products are available in Italy and can be purchased online and also in regular stores.

However, if you are thinking of setting up your CBD oil business in Italy you should still be careful and follow all regulations in Italy. Only do business with accredited dealers of CBD and cannabis products, this will lower the risk for your company.

You should take care that your supplier puts emphasis on legal compliance and only delivers you goods that can be freely sold in Italy. This means CBD oil with less than 0.6% of THC content. As stated above products with higher THC levels are only available in a licensed pharmacy with a doctor’s prescription.

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 business. As we are a European company we can, of course, assist you in Italy.

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

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Conclusive remarks

Italy is among the first nations to legalize CBD, and it has quite a relaxed attitude toward CBD too. Selling and buying CBD is entirely legal in the country. Therefore, one is not likely to have any significant issues doing CBD business in Italy.

Moreover, the country introduced Law 79 in 2014, making cannabis a less dangerous drug. However, its recreational use is still illegal, but possession of small amounts of cannabis would only result in a fine, and not a felony.1

All this means that selling or buying CBD isolate-based products would not cause any trouble in Italy. However, if you are thinking of selling full-spectrum CBD products that contain THC, some precautions are recommended. Remember that laws regarding the maximum allowed THC concentration keep changing.2,3 

Additionally, some products containing THC, even in permitted amounts, might not be legal. Thus, consulting a legal advisor before importing THC-containing products is always a good practice.3 

It’s also good to keep in mind that though EU laws require Novel Food approval for CBD products, it may be challenging to get it into practice. EFSA has been putting all applications on hold by saying there is still a gap in safety data.4

Knowing all that, it would be safe to say that buying or selling CBD products is safe in Italy.  However, if you plan to sell products in the nation, some research would be needed. It would be good to start with CBD isolate or broad-spectrum products that are THC-free. There are no issues selling THC-free CBD products legally produced in other EU member states in Italy, but be careful when importing THC-containing products to Italy from outside the EU.

Is CBD oil legal in France?

In recent years plenty of people are considering trying themselves out in the growing CBD related business in France. While the times are good for this, products related to cannabis are still subject to strict overview and regulation around the world and in France.

If you are setting up a CBD business, comprehensive knowledge of regulations and laws is crucial for your success.

In order to avoid unwanted mistakes, we strive to provide you with factual information about the legal status of CBD oil and other products in different countries in the European Union (“EU”).

The EU is aiming to achieve a common policy in regards to CBD products, as it recognizes the tremendous potential of the products. Nonetheless, it is not uncommon that different member states regulate cannabis and its products differently.

This article aims to answer the pressing questions about CBD products in one of the largest member states of the EU – France.

You can read our articles and learn more about the regulations in the overview of all of the EU, as well as detailed articles about Spain and Germany.

We will explain the legal status of CBD oil, clarify what is permitted, and how CBD can be used in France. Furthermore, the article will explain your options when buying CBD products in France.

If you want to learn more about regulation in France and the legal questions around CBD oil you are welcome to read the article in full.

The legal status of CBD in France

Cannabis is a well known and widely used plant. Throughout history, it went through different stages of treatment, but mostly it was viewed with skepticism and distrust. It was and sometimes still is illegal. Possession and production of the cannabis plant may be considered criminal acts under certain circumstances.

In recent years, extensive research has been conducted on the Cannabis plant. This research showed numerous positive effects of cannabidiol (CBD), a phytocannabinoid extracted from Cannabis sativa L.

CBD_law

The growing interest in cannabis also means a rapidly expanding market for these products throughout the world and in the European Union. Governments are starting to respond to the shift in opinion and are transforming their legal regimes. These times, therefore, provide for a unique opportunity to start and grow your CBD related company.

France is among the largest producers of industrial hemp in the world, right there with China and Canada. It is estimated that it dominates the European market with a share of approximately 40% of all industrial hemp grown in the EU.

French cannabis regulation, however, remains rather confusing.

Cannabis is in principle not legal in France. This changed slightly in 2017. Some products made from the cannabis plant are legal now if they meet criteria set in the law.

We can safely say that France is a good place to sell and buy CBD products, but as always there are some obstacles you have to watch out for.

One of the first and crucial things to mention is the strict difference between cannabis plants, namely marijuana, and hemp. The difference is significant in French law.

It is technically speaking the same plant – Cannabis Sativa. Still, the regulations treat them differently based on the content of THC – the psychoactive element of cannabis that causes the “high” feeling.

They both, however, contain large amounts of other cannabinoids including CBD.

But what exactly is CBD?

Cannabidiol (CBD) is one of 113 cannabinoids that comes from the cannabis plant. CBD is extracted from the cannabis plant in such a way to make it isolated from other cannabinoids. Most importantly, it can be separated from THC, the psychoactive element in cannabis.

Marijuana is considered an illegal drug under the narcotics regime of France due to the fact that it contains large amounts of THC. Mere possession of marijuana is prohibited. Moreover, using, trafficking as well as growing the plant is considered an offence. It follows that the recreational use of marijuana is not legal in France.

On the other hand, hemp is any cannabis plant that does not exceed 0.2% content of THC. It is, as such, permitted under French law. However, there has been some confusion regarding the THC level in products with CBD.

As described above this makes oil with CBD legal in France, but only if it is derived from hemp and not from cannabis.

Nonetheless, there are still some important limitations in the law that you have to watch out for, before starting your own CBD oil business.

Recent History of CBD In France *UPDATED 2023*

a) General restrictions

There has been lots of development significant for the CBD market in France in recent years, which may have caused a lot of confusion in the CBD market. We may set your mind at ease, CBD products are completely legal in France, however the stance of the authorities regarding the questions has change many times in recent years.

It started in 2018 when the French government issued a statement detailing its position on CBD products, explaining what the law permits.

As per their statement, oil and other extracts containing CBD were legal if they are extracted from an officially approved strain of hemp.

Additionally, the flower of the plant was not to be used under any circumstances for CBD extraction. Producers were instead compelled to focus on the fibers and the stem of the cannabis plant, in order to make their extracts from CBD legal in France, further to that, CBD products could not contain any trace of THC. 

In essence, this meant that CBD products, lawfully produced in one member state of the EU could not be sold in France, if the flower of the cannabis plant was used in the extraction process.

In December 2020 European Court of Justice ruled that the French ban on imported CBD products that were produced legally in EU member states is illegal under the EU law. In particular, the French authorities banned all products that were produced from the flowers of the stem of hemp, even if their THC level was below the prescribed threshold. The European Court of Justice (1) decided that as CBD cannot be treated as a narcotic drug such ban is not allowed and that authorities must present conclusive scientific proof that CBD is harmful. 

This was the beginning of a great change in the CBD market as France is a big market in itself and growth in France can contribute to fast growth of the CBD market across all of the EU. However, the complications did not stop there. 

The government again issued a decree that allowed the sale of CBD products if the content of THC is less than 0,3 %, however it prohibited the sale of industrial hemp flowers, regardless of its THC content as it argued that it is not possible to differentiate between narcotics and legal products.

This time the French court stepped in. In response to the ruling, the French courts followed the European Court of Justice and ruled that a ban of hemp flowers with high CBD content is disproportionate and that the authorities could use rapid testing to ensure that the THC level is below the legal threshold.

The legal status regarding CBD oil and medical cannabis is now similar to other western EU member states.

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

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

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

CBD_cream

b) Restrictions in marketing

Any company that wishes to succeed in the CBD oil business needs to adopt smart marketing and advertising strategy. The French authorities tightly regulate different parts of the promotion of CBD products.

Businesses dealing with CBD oil are not permitted to make any claims regarding the health effects of CBD oil. Such claims are allowed only if they are officially recognized by the national regulator (ANSM) or by the European Commission.

In practice, this means that you may be able to link your CBD oil to relaxation effects, similar to those of herbal tea. Statements that CBD helps with the treatment of any disease are not allowed, as this is not yet recognized by the officials.

What is more, the promotion of cannabis in advertising, regardless of its THC content, is not legal in France. It is perceived as the promotion of illegal drugs. Businesses can be fined if they are found to be in violation of this regulation.

Any company dealing with products containing CBD should carefully examine its strategy in order to be in line with the law.

Medical use of CBD in France

As we explained above, statements about the health effects of CBD are not allowed if the effects are not recognized by the authorities. Are any such claims officially permitted?

In 2013 the government cleared some cannabis-related products for medical use, so you can freely promote those.

There have recently been some experimental trials with cannabis for medical use, with extracts that even have higher than permitted THC content. All this might be a signal of a bright future for CBD oil in France.

Where to buy CBD oil in France?

CBD oil that meets the above criteria can be bought and sold without restrictions, both in stores and online.

If you are planning to start your own CBD related business in France, you should still thoroughly check your supplier. Focus on how they follow all essential cannabis regulation, so that you avoid any legal trouble.

Firstly you need to make sure that you work only with accredited buyers and dealers of CBD related products.

Your supplier should provide you with CBD products that do not contain THC and are extracted from cannabis plants with less than 0.2% THC.

Furthermore, they have to provide you with information that the flower of the plant was not used, as this is not yet allowed in France.

You should also be careful that the products that are being supplied to you do not have any unsubstantiated claims regarding the positive health effects of CBD oil.

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 business. If you have any questions regarding the bulk sale of CBD oil and other products, as well as any legal questions about regulations in France or other EU member states feel free to contact us on our email address.

Conclusion

So is CBD oil legal in France? Lets quickly review the rules described in the article.

CBD is legal in France if it’s extracted from a government-designated type of hemp that has less than 0.3 % THC content. The law also prohibits any type of cannabis advertising and mentioning of the health effects of CBD that are not approved by the French authorities.

CBD is legal in France if it’s extracted from a government-designated type of hemp that has less then 0.2% THC content. Furthermore, the final product should not contain THC. The law also prohibits any type of cannabis advertising and mentioning the health effects of CBD that are not approved by the authorities of France.

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

 

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

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

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

legal_illegal

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

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

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

How do the specific regulations impact my CBD business?

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

Medical_cannabis

Is CBD completely legal in the entire European Union?

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

So is CBD completely legal in the entire Euroropean Union?

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

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

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

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

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

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

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

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

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

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

*2021 Update*

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

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

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

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

*2022 Update*

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

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

*2023 Update*

New EU Common Agricultural Policy

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

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

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

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

austria cbd  Austria – YES with a prescription

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

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

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

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

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

 

belgium cbd Belgium – Yes with a doctor’s prescription

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

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

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

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

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

 

bulgaria flag Bulgaria – Yes

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

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

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

 

croatia cbd Croatia – Yes

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

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

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

 

cbd cyprus Cyprus – Yes

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

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

 

cbd czechia Czech Republic/Czechia – Yes

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

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

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

Denmark – Yes

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

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

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

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

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

 

cbd estonia Estonia – Yes

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

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

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

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

 

cbd finland Finland – Yes with a doctor’s prescription

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

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

 

is cbd legal in france flag France – Yes

*Update 2023*

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

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

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

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

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

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

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

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

 

cbd legal in germany flag Germany – Yes

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

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

*Update 2023*

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

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

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

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

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

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

 

greece cbd Greece – Yes

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

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

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

 

hungarian flag Hungary – Yes

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

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

 

ireland flag cbd Ireland – Yes

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

*UPDATE 2023*

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

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

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

 

is cbd legal in italy Italy – Yes

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

The cultivation of hemp is also legal in Italy.

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

 

latvia cbd Latvia – Yes

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

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

 

lithuania flag Lithuania – Yes

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

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

 

cbd luxemburg flag Luxembourg – Yes

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

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

 

cbd malta flag Malta – Yes with a prescription

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

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

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

 

netherlands cbd The Netherlands – Yes

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

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

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

 

poland cbd Poland – Yes

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

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

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

*UPDATE 2023*

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

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

 

cbd portugal Portugal – Yes with a prescription

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

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

 

romania cbd Romania – Yes

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

 

slovakian flag Slovakia – Yes

*2021 Update*

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

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

 

cbd slovenia Slovenia – Yes

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

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

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

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

 

spain cbd Spain – Yes

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

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

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

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

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

 

sweden cbd flag Sweden – Yes

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

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

 

is cbd legal in uk United Kingdom – Yes

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

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

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

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

 

Conclusion

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

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

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

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

Last updated in January 2023

7 minute read

Is CBD Oil legal in Spain?

CBD oil and many other CBD-based products

In recent years, there has been a considerable increase in demand for products made with cannabidiol (CBD), a phytocannabinoid extracted from Cannabis sativa L.

Different countries have different laws regarding this substance. In fact, some laws change from one state to another.

While in some countries the production and sales of CBD are strictly forbidden, it is safe to say that CBD is legal in Spain. Click here if you’re interested in CBD laws in Germany.

Continue reading to find out more.

Spain is one of the most liberal hemp producing countries in the European Union, right after the Netherlands. Spanish laws are in favour of the general EU law on industrial hemp to officially allow the production and purchase of CBD products containing less than 0,2% of THC. Some of the autonomous regions in Spain allow the sales of medical products containing above the specified percentage of THC, but Spain doesn’t allow it on a state level.

In 2018, the EU banned the use of CBD oil as a food additive for human consumption. Hemp seeds and skincare products are still allowed under EU legislation, though.

Spain is both a hot spot of industrial Hemp cultivation as well as one of the largest hubs for Cannabis research in Europe. This is also shown through the fact that Spain hosts the biggest cannabis event in Europe called Spannabis. It is an annual event that has been held in Barcelona since 2002.

In Spannabis you can find products related to the cannabis plant, and its industrial uses like cosmetics, footwear, textiles, building materials, or food.

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CBD Wholesale products

Cannabidiol (CBD) is one of 113 cannabinoids that comes from the cannabis plant. CBD is extracted from the cannabis plant in such a way to make it isolated from other cannabinoids. Most importantly, it is separated from THC, the psychoactive element in cannabis, which makes CBD legal in Spain. CBD is then added to a carrier oil to make CBD oil.

Medical cannabis is not regulated in Spain and cannabis cultivation in Spain for the purpose of extraction of cannabinoid is subject to prior authorization from the Spanish Agency for Medicines and Medical Products or AEMPS.

Cannabis can be cultivated and used only for personal purposes. As long as the plants are not visible from any public areas, there is no ban on growing hemp and producing your own CBD oil. Any purpose other than trade or sale of cannabis is legal.

This grey area led to the formation of cannabis clubs and user associations. These clubs and associations were formed as non-profit organizations and sold cannabis to its members.

Although Spain is a major cultivator of hemp and hemp products, the country is more is exporting the majority of its product to foreign markets, where Cannabis legality is in a grey zone, or outright illegal.

Where can you buy CBD Oil in Spain

Cbd Oil is legal only for personal usage

Since January 2019, the EU has categorized CBD which is added to food supplements as ‘novel food’, which means products need to be evaluated and authorized before they are permitted to be placed on the market.

If you want to buy CBD in Spain, you can choose from a wide range of products that fall within the legal frame. You’ll find many CBD products for skincare and the treatment of different skin conditions. You will most likely find it in alternative medicine shops or pharmacies.

For businesses looking to buy CBD in bulk, we’re offering CBD products in wholesale quantities at Essentia Pura.

Wherever you choose to buy it from, it should be purchased from accredited buyers and distributors only. This will reduce the chances of buying a low-quality product or breaking the law.

Regulations on buying and shipping CBD

CBD oil has become increasingly popular and mainstreamed in recent years, but there are still laws and regulations that must be followed. Even though it is legal in Spain, there are still many countries in which CBD is not legal.

In the last years, many countries worldwide started legalizing the usage and shipping of CBD products as long as they contain a low concentration of THC.

In the USA and most EU countries, CBD containing less than 0,3% THC is legal to be purchased and sent by mail.

When it comes to Spain, it is worth noticing that CBD oil products are being sold legally in the nation, and there are many online shops. Thus, leaving little doubt about the legality of CBD in Spain.

However, it is worth noticing that, like many other nations, there are no specific regulations governing CBD sales and consumption in Spain, which means that international and EU regulations mainly apply.1,2

This means there would be no issue in selling or buying CBD products in Spain that were legally produced in the nation or other EU states. Or products that have Novel Food approval from EFSA.

But, regretfully, things are a bit hazy in the EU. EFSA regards CBD as a “Novel Food.” However, applications for Novel Food approval by EFSA are on hold, as the agency cites the lack of sufficient safety data. It means that there are no CBD products that have received Novel Food approval by EFSA. This also means that selling CBD oil, gummies, or other  oral formulations may be an issue.3

Nevertheless, experience shows that CBD products containing THC within permitted limit are available nationwide. However, high-THC products are not legal.

Additionally, in 2022, the Spanish Agency for Medicines and Health Products (AEMPS) took some steps to legalize high THC products. It is planning to allow the sales of high-THC products through pharmacies.4 But, these legal changes do not concern CBD producers, as medical cannabis is different.

Finally, it is also worth remembering that Spain has many autonomous regions, which may have different regulations. Therefore, those planning to import or sell CBD in Spain must always take legal guidance, as rules in the various areas of Spain may differ.

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Which countries have legalized CBD oil

CBD oil law and regulations for medical and recreational use of hemp and cannabis are constantly changing in most countries around the world. As the popularity of both species of the plant increases, countries start to reduce the legal restrictions on cultivation, production, distribution, sales, classification, and taxation of hemp and its derived products.

Cannabidiol is listed in the EU Cosmetics Ingredient Database and in some countries, CBD-based products for topical use can be sold as cosmetics. Furthermore, today you can acquire those that are classified as prescription medications, but only in some countries and only with a medical prescription.

Recreational use of cannabis is prohibited in most countries. However, many countries have adopted a policy of decriminalization to make possession of small amounts of cannabis a non-criminal offence. Others have much more severe penalties, even imprisonment for several years. CBD as a non-psychoactive cannabinoid is usually not used in the same way and does not receive the same harsh treatment from the authorities.

Besides CBD being legal in Spain, it is also legal (at least to some degree) in the following European countries: Austria, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Northern Ireland, Norway, Poland, Portugal, Romania, Slovenia, Sweden, Switzerland, and United Kingdom.

Conclusion

In conclusion, the use and production of CBD-rich products are entirely legal in Spain as long as the product is designed for topical use only, for example, skincare products and medicinal balms and oils and it contains less than 0,2% of THC.

The agency in charge of regulating topical CBD in Spain is the Medicines Agency. This agency is stating which products are legal in Spain, and which are not. The agency is planning to make medical cannabis legal, though, which is a step forward.

When it comes to CBD for oral ingestion, like CBD oil or gummies, the legal framework is unclear. There is no local legal framework, and EFSA has put Novel Food regulations on hold. It means that selling CBD products for oral intake would be challenging in the nation.

Is CBD Legal in Germany?

Germany is Europe’s by far strongest and largest national economy. As of relatively recently, the country also has joined the CBD merry-go-round.

CBD is now legal in Germany

In this article, we are going to explore what you need to know about CBD in Germany. We will cover if CBD is legal in Germany and where can you buy CBD products in Germany. Another important question is how to start a legal CBD business in Germany without running afoul of the law. Last but not least, we take a quick look at the legal situation regarding CBD in the rest of Europe.

The Legality of CBD in Germany

Let’s cut right to the chase: Yes, CBD has become legal in Germany as of relatively recently. On March 3, 2017, an amendment to Germany’s narcotics law came into effect. It paved the way for CBD to become legal.

Thanks to that amendment, CBD can be traded legally traded in pure forms, such as CBD isolate or extract. Or it can be an ingredient in manufactured products like CBD oil or CBD vaping liquid. According to the Federal Institute for Drugs and Medical Devices (BfArM), CBD products can be traded “for commercial and scientific purposes”. And in this context, it really doesn’t matter whether they are intended for medical or recreational use.

However, there is an important point regarding hemp (lat. Cannabis sativa), the raw material used in the manufacture of CBD products.

It must have been grown from certified seeds in countries of the European Union (EU). As a logical consequence of that provision, CBD must only be extracted from such legally cultivated hemp plants.

Legal Restrictions for CBD in Germany

CBD’s legality in Germany certainly is great news for consumers eyeing to use CBD for one reason or another. But it likewise is fantastic for people who are thinking of starting a business with CBD in Germany. Yet it’s not a free-for-all bonanza. There still are some restrictions that all CBD products must adhere to.

Hemp is no longer classified as a “hard” narcotic in Germany. But only hemp plants industrially grown within the EU are permitted to be used for extracting CBD. The regulation is to ensure that CBD products are of the highest quality.

Caps on THC Content

A CBD product legally traded in Germany also must not contain more than 0.2% of THC (tetrahydrocannabinol). If the concentration is higher, the CBD product in question loses its legal status and again is subject to tight control under the narcotics law. That 0.2% THC threshold rule is also enforced in almost all other EU member states. There are only very few exceptions.

Obtaining Legal CBD Products in Germany

Consumers in Germany will have no problem finding physical stores selling ready-made CBD products such as CBD oil or CBD vaping liquid. But when buying, it is a good idea to make sure that the merchandise has been produced in the EU. This will practically guarantee the product to be of a very standard and that it’s fully compliant with the law. Interested buyers also can conduct a simple Google search to source dozens of online stores that offer a wide range of CBD products.

It is not against the law to order a product from outside the EU. But for the sake of quality and safety, it is best to stick with an EU-based supplier.

Essentia Pura: A Great Choice

An excellent choice as a supplier of top-quality CBD products is Essentia Pura, a company located in Slovenia. The firm’s extensive CBD portfolio is uncompromisingly EU-compliant. Furthermore, the hemp plants used by Essentia Pura to extract CBD are all coming from commercial farms under stringent EU supervision.

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Essentia Pura supplies a broad range of CBD products

Besides ready-to-use CBD products such as oil or vaping liquid), Essentia Pura also offers CBD isolate, CBD crystals, CBD extract, and CBD paste. All of them are available in the highest purity achievable with current technologies.

Private individuals can use them to mix their own liquids and oils at home. But of course, they also are coveted by businesses as base ingredients for their own CBD product brands.

Starting a CBD Business in Germany

Registering a CBD business is very straight forward in Germany. It merely involves filing an application with the local chamber of commerce to formally establish a company.

But entrepreneurs must of course decide whether they want to run their new company as a home-based business or an actual commercial store. This choice is primarily dependent on the investment amount they want to seed.

Home Business or Regular Store?

A physical store necessitates substantial investment. After all, commercial space has to be rented, furnished and stocked. Then there are staff salaries to be paid. There also are recurring utility expenses, as well as a slew of taxes.

Many aspiring CBD business owners, therefore, choose to establish a home-based business instead.

That way they can sell their CBD products through an online store. And running a commercial website is considerable less cost-intensive than operating a physical commercial location.          

Sourcing a CBD Supplier in Germany

If you want to create your own CBD brand or intend to sell white label (unbranded) merchandise, you are going to need a reliable source. There are lots of companies on the Net that offer all types of CBD products. But it really pays out to stick to a trustworthy, reputable supplier, such as Essentia Pura, one of Europe’s leading manufacturers of CBD products.

As the company operates under EU law, customers always can rest assured that Essentia Pura’s entire CBD portfolio is law-compliant.

CBD Products in Bulk and Wholesale Quantities

It is possible to order white label products from Essentia Pura in small quantities. But the company of course also carries out bulk and wholesale orders.

Essentia Pura CBD products are also available in bulk and wholesale quantities

And when it comes to creating a bespoke brand, Essentia Pura provides a comprehensive range of support services.

These include manufacturing CBD products to customer specifications.

Essential Pura’s CBD experts are always ready to discuss all your requirements. It’s as simple as contacting us.

Shipping to Other EU Countries

Germany may be a sizable market, harbouring an ever-increasing number of CBD users. Some CBD entrepreneurs may just be content with that. But while a CBD business is easy to conduct in Germany, a fledgling company may eventually want to expand to other EU countries, too. The EU is often criticized for its many shortcomings and heavy-handed bureaucracy. But one positive thing is that the commercial laws among the various member countries are generally quite similar. This also applies to CBD products. For instance, the THC limit of 0.2% is uniformly enforced in almost all EU member states.

Exceptions to the Rule of Thumb

But as always, there are a handful of exceptions. Austria and Czechia (Czech Republic) have legislated a threshold of 0.3% THC, for example. Meanwhile, Italy has set a very generous 0.6% THC content limit. But on the other hand, Ireland, Finland, and Norway do not yet allow any THC in CBD products at all. That means 0%, just to be clear. In Norway again, CBD products are exclusively available on medical prescription at the moment. The same goes for Malta. Furthermore, Belgium and Slovakia have not yet legalized CBD. However, they are expected to do so in the near future. And although not actually a member of the EU, Switzerland enforces a THC content of 0.1%.

Keeping Abreast of Rules and Regulations

It is tremendously important to keep these country-specific rules in mind if you intend to conduct your CBD business not only in Germany but also elsewhere in the EU.

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Essentia Pura’s experts are a trusted information source concerning CBD products

After all, you want to avoid shipping illegal products to your customers.

If you are in doubt, you can always seek advice from one of Essentia Pura’s knowledgeable CBD experts.

They will be happy to update you on relevant regulations.

The company’s multilingual experts also will keenly answer all your questions regarding Essentia Pura’s comprehensive product range and the legality of CBD in Germany.