CBD is legal in Europe
In this article we will talk about the legalization of CBD in Europe. That is, we will tell you if CBD is legal in Europe, or if its commercialisation is prohibited. The question on everyone’s mind is: What are the laws regulating the consumption of cannabidiol in Europe?
It is a topic that involves the old regulations, the current market challenges, as well as the wide openness, and the overview of the situation in the European Community. Of course we are well aware of the massive boom in the cannabis industry, a plant that has been “rediscovered” in recent years and used for a variety of purposes.
The good news is that you can now buy CBD oil, thanks to new European laws. As a result, it is now possible to enjoy the many benefits of CBD products.
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The components of cannabis
Despite the above, not all active compounds of the plant are treated equally under the laws of different countries. Due to the relative novelty of the subject, the differences between strain types, uses and active ingredients and, above all, widespread legislative fragmentation, there has been a great deal of misunderstanding.
Because of this, regular cannabis users often have many doubts about it. The first is whether CBD is legal throughout the European Union, and whether it is legal to take CBD with you when you travel. It is essential to define certain main concepts in order to understand the regulations in force in Spain and the rest of Europe.
Marijuana and cannabidiol CBD
First of all, marijuana is one of the names given to the psychoactive drug extracted from inflorescences of perfectly dried cannabis plants. Moreover, Delta-9-tetrahydrocannabinol (THC) is the active ingredient in marijuana, which makes it so unique. It is generally associated with recreational use, making it legal in some countries but illegal in others.
One of the active ingredients of the cannabis plant is cannabidiol CBD. It has been shown to have calming, anti-inflammatory and analgesic properties without having narcotic effects. Due to its excellent safety profile, it is now legal in several countries.
Not only that, but CBD cannabidiol is now used in the production of a wide range of products. This is because the THC content of the cannabis plants used to produce such products must be extremely low or non-existent.
Therapeutic cannabis refers to cannabis-based medicines, including cannabidiol CBD or THC, which have been produced and accepted in a growing number of countries around the world.
For a product to be considered therapeutic cannabis, the concentrations of the different active ingredients used in cannabis-based drugs are carefully measured. The most common are cannabidiol CBD and Delta-9-tetrahydrocannabinol(THC).
In this case, cannabis is part of a medical protocol that was developed in collaboration with medical professionals for a variety of purposes.
Is CBD legal in Europe?
In most of Europe, including Spain, CBD products are legal, with the exception of Slovakia, where CBD is still illegal. It is worth mentioning that one of the factors that have contributed to the decriminalization of CBD in Europe has been what the WHO has said about the therapeutic and medicinal properties of cannabis.
In addition, the Commission on Narcotic Drugs classified CBD products under Section I of the 1961 Single Convention on Narcotic Drugs. Thanks to this, the Spanish Agency of Medicines and Health Products has determined that the manufacture, export, import, marketing, possession and use of CBD products is limited exclusively to medical and scientific purposes.
It is also possible to transport CBD products within the European Union. However, the recommendation is to only buy approved products with the exact percentage of active ingredients listed on the box, as is usually the case.
For example, in the United Kingdom, legislation stipulates that the transport and use of cannabis with a THC content of less than 0.2 per cent does not require authorization. Furthermore, in the control and study case, the percentage of the active ingredient THC in the plants can be considered below a kind of “protection threshold”, which remains below 0.2% of the active ingredient.
The CJEU ruling on the marketing of CBD
It is also important to highlight the ruling of the Court of Justice of the European Union (CJEU) regarding the decriminalisation of CBD. In the ruling of November 19, 2020, the CJEU states that the marketing of CBD products is allowed in the territory of the European Union.
Going back to the issue of percentages, this has been one of the main conditions for CBD to be legal in Europe. In other words, the ECJ has ruled that all CBD products must contain no more than 0.2% THC.
This is very important because, as we have mentioned on other occasions, this percentage of THC is the maximum amount established for CBD not to be considered a narcotic.
What about CBD in food?
We know that CBD in food has become very common in many countries. However, the Spanish Agency of Medicines and Health Products, maintains its ban on the use of CBD for human consumption.
Despite the above, this same agency does not prohibit the marketing of products and foods based on cannabis seeds. As a result, cannabidiol products such as CBD oil and hemp flour can now be marketed without any problems.
This way CBD is legal in Europe, and it is even predicted that in the next few years, the market for CBD products will be worth 1.5 billion euros. Therefore, and thanks to the decriminalization of cannabidiol, its consumption is expected to increase significantly.
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