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All About CBD Legislation in Europe


Many questions arise regarding the European legislation currently in place around cannabidiol. For example, is CBD legal in the EU, or is it banned?

CBD is legal in Ireland throughout most of Europe, and you can easily buy CBD Flowers at low prices.

In the rest of this article, we explain in detail and with precision what European law says on the subject. But, of course, this law only regulates some things, and some countries may need to be more or less open in their approach, implementation and compliance.

Does European law prevail over local law?

Does European law on CBD prevail over French law? This question has long been debated.

The answer is yes. At least, this is what we understand when we analyse the repercussions of the Kanavape case.

Indeed, the two founders of this company were accused of selling narcotic e-liquids. As a result, they were suspected of having contravened article R5132.86 of the Public Health Code. However, they claimed they had stayed within the law by offering CBD products with THC levels below 0.2%. They then took the case to the European Court of Justice.

The latter ruled in their favour, stating that France was obstructing the principle of free movement of goods within the European Union and its market by only allowing CBD products to be sold if they contained 0.0% THC. As a result, the country has been ordered to review its legislation on the subject.

CBD Law Europe: what do the institutions say?

In the course of the case, the Advocate General came to the following conclusion: “EU law prohibits a member state from prohibiting orders and imports of CBD oil from another member state if the oil is obtained from the whole hemp plant and not only from its fibres and seeds because according to the current state of scientific knowledge, it has not been proven that cannabidiol oil has psychotropic effects.

The World Health Organisation finally shares this finding. Indeed, the World Health Organisation has stated that there is only a small risk of undesirable side effects from taking CBD. This is why the CJEU went in this direction during this case that has caused so much talk in France.

What the European law says about CBD

The European Union has established that CBD is not dangerous for the body. Therefore, its distribution and marketing are authorised in European countries! However, beware. Indeed, not all liberties are good to take. Thus, specific rules have been established.

CBD products must not contain more than 0.2% THC. THC is the psychoactive molecule found in the cannabis plant. Therefore, you will rarely find CBD products rich in THC within the EU borders. However, some countries have decided to increase this limit somewhat, such as Austria and Luxembourg, which have set it at 0.3%.

CBD in Germany

Both in Germany and Austria, CBD products are legal. However, be careful. One condition must be met to ensure that cannabidiol-based products are legal. In Austria, the THC level must not exceed 0.3%, while in Germany, it is 0.2%.

Finally, it should be noted that our German neighbours have authorised the prescription and the sale of therapeutic cannabis. A bill (expected by the end of the year, or even 2023) could also authorise the consumption, and therefore the sale, of recreational cannabis.

CBD in Spain

In Spain, the CBD issue is instead… complex. While CBD products can be sold and consumed (as long as they do not exceed 0.2 – 0.3% THC), therapeutic cannabis has still not been decided. Moreover, the situation is peculiar since medical marijuana is allowed in Catalonia but nowhere else!

CBD in Belgium

In Belgium, the issue of CBD is well-defined. The consumption of products derived from hemp and rich in cannabinoids is allowed. Moreover, CBD flowers containing less than 0.3% THC (tetrahydrocannabinol) are classified as “tobacco” products and no longer as “narcotics”. As for therapeutic cannabis, it is allowed by prescription only. A situation that is the same as in Denmark!

CBD in Croatia

In Croatia, CBD is perfectly legal. Medical cannabis is also permitted and has been since 2015. It is, therefore, possible to buy marijuana directly in pharmacies or specialised shops to relieve pain and inflammation related to a particular disease. However, be careful. It is strictly forbidden to smoke cannabis in public places.

CBD and the Law in Europe: what future?

What about the future? While the US is far more advanced on the issue of CBD and cannabis in general, it is clear that restrictions in EU member states are divisive, and many countries are unsure of where to stand. So today, advocates of decriminalising cannabis or CBD are calling on elected representatives in Europe to come forward and consider a comprehensive law.

This would allow all the nations concerned to have a framework on which to work. But, unfortunately, the subject remains taboo. This is a fundamental misunderstanding when we know that more and more voices are being raised in favour of implementing a simple framework. Finally, the economic interest is genuine, with hundreds of CBD shops opening across Europe every month.

Buying legal CBD in Europe

The best CBD Company, such as JustBob.shop, only offers legal and lawful products.

Indeed, the CBD flowers, the CBD oils or the resins and cannabidiol infusions do not contain more than 0.2% THC. Therefore, a decision was taken by the European Commission allowing to optimise the cultivation of hemp and the production of CBD throughout the continent.

These solutions are, therefore, perfectly legal and authorised for both resale and consumption. Moreover, online, you will have access to all the references and products that can be delivered anywhere!

Claire James