CBD legislation in the European Union

CBD has conquered Europe, but its legal status is sometimes unclear. Each country applies its own rules, despite attempts at harmonization by the European Union. Here's what you really need to know if you don't want to burn your wings in 2025.

Things to remember

• No single framework: the EU lays the foundations, but the Member States retain control.
• CBD in food remains regulated as a novel food, subject to authorization.
• CBD cosmetics are conditionally tolerated, but closely monitored.

The European legal framework: freedom under control

CBD is the tolerated rebel of cannabis. It is authorized, but under strict supervision. At European level, several texts and decisions 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. To put it simply, no edible product containing CBD can be sold legally without prior authorization.

This authorization goes through the EFSA (European Food Safety Authority), which analyzes product safety. However, to date, no application has yet been approved. Several dossiers are awaiting assessment, notably for lack of sufficient toxicological data.

Therefore, CBD oils, drinks, capsules, or candies sold as food products are not fully compliant, even though many are available on the gray market. Authorities sometimes turn a blind eye... until an inspection.

The principle of free movement and the Kanavape case law

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

This decision guarantees the free circulation of compliant CBD between member countries, but does not prohibit each state from laying down its own rules on sales, advertising or THC thresholds.

Thus, a CBD legal in the Czech Republic can be seized in Italy, simply because it doesn't meet local standards. The situation remains completely unclear, especially for online retailers.

THC thresholds and hemp cultivation

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

In short, Europe is establishing 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 authorized for use in cosmetics, provided it complies with Regulation (EC) No. 1223/2009. The product must be declared on the CPNP portal and guaranteed free of prohibited compounds (notably THC).

In 2025, the Commission even asked the European Scientific Committee on Consumer Safety (SCCS) to assess CBD's toxicity to the skin. 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, and since then flowers and extracts have been classified as narcotics, unless authorized by the Ministry of Health, and oils are only sold in pharmacies.

In France, CBD is legal under 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 regular controls and a ban on sales to minors.

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

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

What to look out for

Producers and retailers must be able to prove :

• the hemp used is on the list of varieties authorized by the EU,
• THC levels are compliant (mandatory laboratory analysis),
• that the products have been notified or authorized according to their use (food, cosmetics, supplements, etc.),
• and that labels do not mislead the consumer (no medical promises).

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

At European level, customs authorities now exchange importer information more rapidly via the TRACES-NT network.

The future of CBD in the European Union

The European Commission is working on a legislative harmonization project for 2026. The aim is to clarify status according to use, but debates between countries remain lively. Some are calling for strict regulation akin to that of medicines, while others are defending a freer welfare framework. Until then, caution remains your best ally.