Everything you need to know about CBD laws in the Main European Union Countries
In Europe, the CBD market is estimated to be worth 7.5 billion euros. The harmonisation of rules around permitted products has been a genuine catalyst. However, while Brussels sets certain requirements (such as the rule that products are legal if they contain up to 0.3% THC), individual countries and governments retain a degree of control.
In some European countries, it is therefore possible to consume CBD products containing 1% THC. The problem is that products that are legal in one place are not necessarily legal elsewhere. It is therefore well worth familiarising yourself with the laws specific to each country before travelling with CBD.
What does European law really say about CBD?
At European level, the laws are harmonised. Here is what Parliament has to say on the subject of CBD.
The Kanavape ruling, the day everything (really) changed
Before 2020 and the entry into force of the CJEU (Court of Justice of the European Union) ruling, each European country was free to act as it saw fit on the question of CBD. More often than not, this worked to the detriment of businesses (bans on trading, and so on) and consumers (fines).
Everything changed on 19 November 2020, when the Court of Justice of the European Union (CJEU), in the Kanavape case, delivered a definitive ruling on the matter. Within hours, CBD became a legally authorised natural molecule, on the condition that derived products contain less than 0.2% THC.
In justifying their decision, the judges explained that overly restrictive legislation runs contrary to the principle of free movement of goods. As a result, a CBD product legally manufactured in Italy or the Czech Republic can no longer, in principle, be prohibited from sale in France or Germany.
The move to 0.3% THC
With the framework established, the time came for the harmonisation of rules. Following a decision by the European Parliament, CBD became officially legal on the condition that it is extracted from authorised cannabis varieties and that the finished product contains less than 0.3% THC. A few weeks later, the European Commission classified CBD as a “novel food”.
This does not mean that all CBD products must contain less than 0.3% THC. This limit may be higher, depending on the wishes of each country’s government. The 0.3% figure is simply the official minimum threshold, and as you will see further on in this article, some nations are considerably more permissive than others.
France, Germany, Italy, Spain: what legislation is currently in force?
CBD policies can vary considerably from one European country to another.
France and Germany, two opposing approaches
France is one of the most restrictive countries in Europe when it comes to CBD. Prior to the Kanavape ruling, the production, sale, and consumption of CBD were subject to the discretion of the authorities.
The public authorities took the view that information about CBD and its effects was still poorly understood, giving rise to concerns about significant health risks. However, both science and the law have evolved, obliging France to revise its position. Today, all CBD-based products are permitted, if and only if they contain less than 0.3% THC. Possession of a product with a higher THC content may result in a fine and a custodial sentence.
In Germany, CBD-based products are subject to European legislation. They are permitted, if and only if the finished product contains less than 0.3% THC. Interestingly, while CBD is subject to certain restrictions, recreational cannabis is legal. Since 1 April 2024, adults have been permitted to possess up to 25 grams of dried cannabis and to grow up to three plants at home.
The state of the market in Italy and Spain
Italy represents the most dramatic turnaround in Europe. Having long been lenient, with a THC tolerance limit of up to 0.6 %, it has radically changed course. The Meloni government has voted in favour of a complete ban on all CBD-based products. The European Union could, however, force the government to change course again, leading it to backtrack.
Spain, for its part, continues to navigate a persistent grey area. CBD-based products intended for external use, such as cosmetics, are legal provided they contain less than 0.3% THC. However, products such as oils and food supplements remain under pressure, being subject to certain restrictions.
What about Switzerland and the Czech Republic?
Other countries are considerably more open to the idea of producing, selling, and permitting the consumption of CBD. Switzerland and the Czech Republic are among them.
Switzerland
Switzerland is one of the most permissive countries in Europe. CBD products are legal there provided their THC content is less than or equal to 1%. In addition, products sold must be clearly labelled, so as not to mislead the consumer. However, Swiss products are, by extension, prohibited in the rest of the European Union, as their THC content is too high.
The Czech Republic
In the Czech Republic, the trend is towards ever greater liberalisation. CBD products are tolerated even when they contain up to 1% THC. The country has established itself as one of the pioneers of flexible legislation, though it should be noted that Prague has no intention of becoming a “cannabis tourism” destination.
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