Understanding CBD legislation in the European Union

CBD has taken Europe by storm, but its legal status can still be unclear. Each country applies its own rules, despite the European Union's attempts at harmonisation. Here is what you really need to know to avoid getting your fingers burnt in 2025.

Key takeaways

• No single framework: the EU sets the groundwork, but member states keep control.
• CBD in food is still regulated as a novel food and requires authorisation.
• CBD cosmetics are tolerated under certain conditions, but closely monitored.

The European legal framework: freedom under control

CBD is something of the tolerated rebel of the cannabis world. It is permitted, but under close scrutiny. At European level, several texts and rulings define the limits that must not be crossed.

Novel food status

Since 2019, cannabidiol has been officially classified as a "novel food" by the European Commission. Put simply, no edible product containing CBD can be sold legally without prior authorisation.

This authorisation is granted through EFSA (the European Food Safety Authority), which assesses product safety. Yet to date, no application has been approved. Several dossiers are awaiting evaluation, notably due to insufficient toxicological data.

As a result, CBD oils, drinks, capsules and CBD sweets sold as foodstuffs are not fully compliant, even though many are available on the grey market. The authorities sometimes turn a blind eye… until an inspection.

The principle of free movement and the Kanavape ruling

The CJEU ruled that an EU country cannot ban CBD if it is lawfully produced in another member state and does not contain THC above the permitted threshold. This is the well-known Kanavape case (CJEU, 19 November 2020).

This ruling guarantees the free movement of compliant CBD between member states, but it does not prevent each state from setting its own rules on sales, advertising or THC thresholds.

So CBD that is legal in the Czech Republic can be seized in Italy, simply because it does not meet local standards. The situation remains highly unclear, especially for online retailers.

THC thresholds and hemp cultivation

Since the reform of the CAP (Common Agricultural Policy), the permitted THC level in hemp grown in Europe has been raised to 0.3% maximum. This is the official limit for qualifying for European agricultural subsidies. However, some countries such as Switzerland apply different thresholds (1% THC tolerated).

In short, Europe sets a common agricultural framework, but the commercial reality remains fragmented.

The case of CBD cosmetics

This is the only area where Brussels has clarified its position. CBD extracted from non-narcotic hemp is permitted in cosmetics, provided it complies with Regulation (EC) No 1223/2009. The product must be notified on the CPNP portal and guaranteed free from prohibited compounds (notably THC).

In 2025, the Commission even asked the Scientific Committee on Consumer Safety (SCCS) to assess the toxicity of CBD for the skin. Its conclusions are expected in early 2026 and could set maximum doses by product type.

A multi-speed Europe: an overview of national legislation

Despite the European Union's common principles, each country applies its own interpretation of CBD, creating a regulatory patchwork.

In Italy, the law was tightened in 2025: flowers and extracts are now classified as narcotics unless authorised by the Ministry of Health, and oils can only be sold in pharmacies.

In France, CBD is legal below 0.3% THC, but ANSES wants to classify it as a reprotoxic substance, which could restrict its use in food and cosmetics.

Germany remains pragmatic, with a tolerance threshold of up to 0.2% THC, but with regular checks and a ban on sales to minors.

In Spain, oral CBD is banned; only cosmetics are permitted.

In the north, Sweden enforces zero tolerance, while the Czech Republic and Switzerland accept up to 1% THC.

What you need to keep an eye on

Producers and retailers must be able to prove:

• that the hemp used appears on the list of EU-approved varieties,
• that the THC level is compliant (laboratory testing is mandatory),
• that the products have been notified or authorised according to their use (food, cosmetic, supplement, etc.),
• and that the labels do not mislead consumers (no medical claims).

Selling an unauthorised CBD product can result in a fine, seizure of stock or administrative closure. In some countries, it even falls under criminal law. In Italy, for example, possessing hemp flowers without proof of origin can be treated as drug trafficking.

At European level, customs authorities now share information on importers more quickly via the TRACES-NT network.

The future of CBD in the European Union

The European Commission is working on a legislative harmonisation project for 2026. The aim is to clarify product status according to use, but debate between countries remains heated. Some are calling for strict regulation close to that of medicines, while others favour a freer wellness framework. Until then, caution remains your best ally.