Is CBD Legal in Europe? EU Rules and a Country Checklist
EU law does not treat CBD as a narcotic, but CBD sold as food is a novel food with no EU authorisation yet. Here is what that means, country by country, with official sources.
By Helen CrossUpdated 14 min read

Last checked against official sources on 19 October 2026. This is general information, not legal advice.
Is CBD legal in Europe? It depends on what the product is. Since a 2020 ruling by the EU Court of Justice, CBD is not treated as a narcotic under EU law, and CBD can be used in cosmetics. But CBD sold as food, including food supplements, counts as a novel food, and no CBD novel food has been authorised in the EU as of October 2026. Authorities in Denmark, Germany, France and Sweden say CBD food products may not be marketed as food in their countries, and in Czechia the food inspectorate has had CBD drops withdrawn as an unauthorised novel food, a decision the Supreme Administrative Court upheld in 2025.
National drug laws, medicine rules and THC limits add another layer, and they differ from country to country. The sections below explain the EU rules first, then show what official regulators in individual countries say, with a link and a check date for each.
Key points
- EU law does not treat CBD as a narcotic. The EU Court of Justice ruled in case C-663/18 (19 November 2020) (opens in a new tab) that the CBD in that case was not a "narcotic drug". Countries can still restrict it to protect public health.
- CBD in food is a novel food. The EU Novel Food Catalogue lists cannabinoids, including CBD, as novel, according to the EU Drugs Agency (EUDA, FAQ revised April 2026) (opens in a new tab). A novel food needs EU authorisation before it can be sold.
- No authorisation yet. In 2026 the European Commission ended more than 20 CBD and hemp-extract applications (opens in a new tab) without adding them to the EU list.
- THC rules are national. The EU's 0.3 % figure applies to hemp plants grown for farm payments, not to finished CBD products.
- The UK is separate. The UK Food Standards Agency runs its own novel food process and keeps a public list of CBD products under assessment.
What does EU law say about CBD?
Three sets of EU rules decide whether a CBD product can be sold: drug control, food law and medicine or cosmetic law. Which one applies depends on how the product is presented and used.
The Kanavape ruling: CBD is not a narcotic
The case began when a French company sold e-cigarette liquid made with CBD extracted from whole hemp plants grown legally in Czechia. France only allowed hemp fibre and seeds to be used commercially. In its November 2020 judgment (opens in a new tab), the Court of Justice found that this CBD did not appear to have a psychotropic effect or a harmful effect on human health based on the scientific data before it, so it was not a narcotic drug under the 1961 UN Single Convention. The court added that the evidence of a health risk, though still limited, may justify precautionary restrictions, as the EUDA summarises (opens in a new tab).
That brought CBD under the EU rules on free movement of goods. A country cannot ban CBD lawfully produced in another member state unless the ban protects public health and goes no further than necessary. The court also noted that France's ban did not cover synthetic CBD with the same properties, which suggested the ban was not applied consistently.
The ruling did not authorise CBD as a food, and it did not stop countries from restricting CBD. The EUDA (opens in a new tab) notes that some countries may choose to keep CBD on their national lists of controlled substances.
Novel food: why CBD food products need authorisation
Under Regulation (EU) 2015/2283 (opens in a new tab), a novel food is food that was not eaten to a significant degree in the EU before 15 May 1997. It can only be sold after EU authorisation, which includes a safety assessment by the European Food Safety Authority (EFSA).
Hemp seeds, hemp seed oil and hemp seed flour have a history of use and are not novel. Since January 2019, the Novel Food Catalogue has said that extracts of Cannabis sativa containing cannabinoids, products with cannabinoids added, and synthetic cannabinoids are novel foods, as the EUDA summarises (opens in a new tab). The Danish food authority describes the same position (opens in a new tab).
According to EFSA's 2026 statement (opens in a new tab), the Commission had received more than 200 CBD novel food applications by 27 August 2025, with 17 under EFSA assessment. Between February and October 2026, the Commission ended more than 20 of these procedures (opens in a new tab) without authorising the product.
EFSA's 2026 statement and the UK FSA's advice
On 9 February 2026, EFSA's nutrition and novel foods panel set a provisional safe level (opens in a new tab) of 0.0275 mg per kg of body weight per day for CBD in food supplements of at least 98 % purity, and the UK Food Standards Agency has advised healthy adults since October 2023 (opens in a new tab) to limit CBD from food to 10 mg a day.
EFSA concluded that the safety of CBD cannot be established for people under 25, during pregnancy or breastfeeding, or for people taking medication. It also confirmed data gaps on the liver and on the endocrine, nervous and reproductive systems. A provisional level is not an authorisation. Each application is still assessed on its own data. Our guide to CBD side effects and who should avoid CBD and our page on CBD and medicine interactions cover the safety research in more detail.
Food, cosmetic or medicine: the category decides
- Cosmetics. The EUDA (opens in a new tab) explains that CBD is not a prohibited substance under the EU Cosmetics Regulation, following the Kanavape ruling. Cosmetics containing CBD appear in the EU cosmetics notification portal.
- Medicines. Epidyolex, a cannabis-derived CBD medicine, has EU-wide marketing approval (opens in a new tab) and is prescribed for specific conditions. National authorities can also classify other oral CBD products as medicines, as Denmark's medicines agency (opens in a new tab) and Germany's BVL (opens in a new tab) point out.
- Health claims. No health claims have been authorised for cannabis products under the EU Claims Regulation, according to the EUDA (opens in a new tab). A food that claims to prevent or treat disease falls under medicines law instead.
What is the THC limit for CBD in Europe?
There is no single EU limit for THC in finished CBD products. People often quote 0.2 % or 0.3 %, but those numbers mean different things.
The EU figure of 0.3 % comes from farm policy. Since 1 January 2023, hemp varieties grown on land eligible for EU direct payments may contain up to 0.3 % THC, up from 0.2 %, under Article 4(4) of Regulation (EU) 2021/2115 (opens in a new tab). That limit applies to the plant, not to an oil or capsule made from it.
Finished products follow national rules. A few examples from official sources:
- France caps THC in hemp extracts and products containing them at 0.30 % under an order of 30 December 2021 (opens in a new tab).
- Denmark: products with more than 0.2 % THC may fall under the rules on euphoriant substances (opens in a new tab).
- Sweden: the Supreme Court ruled (case B 177-19) that the industrial hemp exemption does not cover preparations, so CBD oils that contain THC are treated as narcotics (opens in a new tab).
- Hemp seed foods have EU maximum levels of THC (as THC equivalents): 3.0 mg/kg for hemp seeds and 7.5 mg/kg for hemp seed oil, set by Commission Regulation (EU) 2022/1393, now in Regulation (EU) 2023/915 (EUDA (opens in a new tab); MILDECA (opens in a new tab), France's interministerial mission on drugs).
A label such as "THC-free" or "0.2 % THC" describes the product. Whether that product is allowed depends on the law where you live. Our explainer on THC in full-spectrum, broad-spectrum and isolate CBD covers what those label terms usually mean.
Is CBD legal in Europe? Rules by country
The table shows what each national authority says about CBD in food and food supplements, plus the THC or medicine rules that matter. It covers the countries where we could read an official source. Rules change, so each row has the date we checked it.
Denmark
- CBD in food and supplements
- Fødevarestyrelsen says CBD is a novel food, no CBD novel food has been authorised, and CBD products are therefore not lawful to market as food, including supplements. It adds that this applies in all EU countries.
- Other rules to know
- Oral CBD products can be medicines. Products above 0.2 % THC may fall under the euphoriant substances rules.
- Checked
- 19 Oct 2026
Germany
- CBD in food and supplements
- The federal food office BVL knows of no case in which CBD in food, including supplements, would be marketable (status April 2025). It says CBD products need either a medicine or a novel food authorisation. State authorities make the final call.
- Other rules to know
- CBD has been prescription-only as a medicine ingredient since 1 October 2016.
- Official source
- BVL FAQ (opens in a new tab)
- Checked
- 19 Oct 2026
France
- CBD in food and supplements
- MILDECA, the government's interministerial mission on drugs, says all CBD foods currently on the French market, and more broadly the European market, are sold illegally and can be withdrawn or recalled (page published July 2023, updated May 2025).
- Other rules to know
- Hemp extracts and products made with them may contain at most 0.30 % THC. MILDECA says CBD products that do not meet the 2021 order's conditions fall under narcotics law. We found no official French guidance written specifically for travellers carrying CBD.
- Checked
- 19 Oct 2026
Sweden
- CBD in food and supplements
- Livsmedelsverket says CBD oil, and products containing it, may not be sold as food in Sweden.
- Other rules to know
- CBD oils that contain THC are treated as narcotics. Some CBD products are classed as medicines.
- Checked
- 19 Oct 2026
Czechia
- CBD in food and supplements
- In 2022 the food inspectorate SZPI ordered one company to stop selling three CBD drop products and withdraw them as an unauthorised novel food. In July 2025 the Supreme Administrative Court dismissed the company's appeal. In April 2023 the Ministry of Agriculture announced that SZPI was preparing a general ban on CBD foods and supplements; we found no record that it was issued.
- Other rules to know
- In May 2023 the Czech News Agency (ČTK) reported that the government had agreed the measure would not take effect for now.
- Official source
- Court ruling 7 As 83/2024 (opens in a new tab), Ministry of Agriculture (opens in a new tab), ČTK report (opens in a new tab)
- Checked
- 19 Oct 2026
Netherlands
- CBD in food and supplements
- The food authority NVWA says a novel food without market access may not be sold, and it enforces against companies that sell one. We found no NVWA page specific to CBD.
- Other rules to know
- The medicines board CBG notes that CBD supplements are on the Dutch market and that their efficacy and safety have not been assessed.
- Official source
- NVWA (opens in a new tab), CBG (opens in a new tab)
- Checked
- 19 Oct 2026
United Kingdom (not EU)
- CBD in food and supplements
- The FSA says CBD foods are novel foods that must be authorised. Products on its public list are linked to applications in progress but are not formally authorised. Products not on the list should not be on the market in England and Wales.
- Other rules to know
- The FSA does not recommend CBD for under-18s, people on medication, or during pregnancy, breastfeeding or when trying to conceive.
- Official source
- FSA via GOV.UK (opens in a new tab)
- Checked
- 19 Oct 2026
Every authority in the table that has published a position on CBD foods says they cannot currently be sold as food. Yet a 2020 EMCDDA study, cited by the EUDA, found that low-THC cannabis products were offered for sale in most EU countries (opens in a new tab), through health food chains, pharmacies, cafés and dedicated shops.
What the UN and WHO decided
In 2018 the WHO Expert Committee on Drug Dependence reviewed cannabis. It recommended that preparations considered to be pure CBD, with no more than 0.2 % THC, should not be placed under international control. On 2 December 2020 the UN Commission on Narcotic Drugs voted to remove cannabis from Schedule IV of the 1961 Convention but rejected that CBD recommendation, according to the EUDA (opens in a new tab). CBD is not named in the UN conventions, which is why countries interpret its status differently.
Can you travel with CBD in Europe?
There is no EU-wide rule that lets you carry CBD across borders. The law of the country you arrive in applies, and the table shows how much those laws differ. The EUDA (opens in a new tab) notes that trade in hemp products between EU countries may still be subject to national law.
The same applies when you fly, whether within Europe or into Europe from outside the EU. France's official public-service site says it is mainly the destination country's rules (opens in a new tab) that decide whether a product may enter, since checks happen on arrival, and that airlines can have their own rules on top. Swedish Customs says a preparation classed as a narcotic or medicine in Sweden falls under Swedish law when brought in (opens in a new tab), even if it is not classed that way in the country it came from, EU or not. Sweden treats CBD oils containing THC as narcotics, so a product bought legally elsewhere could still be an offence to carry there.
Check the destination's own authority before you travel. If you drive, our guide to CBD, THC and driving rules in Europe explains how roadside tests work.
A checklist before you buy CBD in Europe
These checks do not make a product legal. They help you understand what you are buying and which rules apply.
- Read the product category on the label. Food supplement, cosmetic and medicine fall under different laws. A cosmetic is meant for the skin, not for swallowing.
- Look up your own country's authority. Use the national food authority for supplements and the medicines agency for anything sold with health claims. The links in the table are a starting point.
- Ask for the batch lab report. A certificate of analysis should show CBD content and THC for the specific batch. Our guide on what CBD is and how it is made explains the terms you will see.
- Look at any health claims. No health claim for cannabis products is authorised in the EU. A food that promises to treat or relieve a condition is making a claim EU food law does not allow.
- Check before you take CBD across a border. Rules at your destination apply, not the rules where you bought it.
FAQ
Is CBD oil legal in the EU?
CBD oil sold as a cosmetic for use on the skin can be legal if it meets the EU Cosmetics Regulation (opens in a new tab). CBD oil sold to be swallowed, as food or a supplement, is a novel food, and no CBD novel food is authorised in the EU as of October 2026. National authorities in Denmark (opens in a new tab), Germany (opens in a new tab) and Sweden (opens in a new tab) say it may not be marketed as food.
Which countries in Europe ban CBD?
Since the Kanavape ruling, EU law does not treat CBD as a narcotic, but the EUDA (opens in a new tab) notes that individual countries may still keep CBD on their national controlled-substance lists. The stricter rules usually concern THC (Sweden treats CBD oils with THC as narcotics) or CBD in food, which the authorities in the table say cannot currently be sold.
Is prescription CBD the same as CBD supplements?
No. Epidyolex is a medicine containing cannabis-derived CBD. It has an EU marketing authorisation, granted after its safety, efficacy and quality were assessed under pharmaceutical law, as the EUDA (opens in a new tab) explains. CBD food supplements have no authorisation in the EU.
Sources
- Court of Justice of the EU: press release on case C-663/18 (Kanavape), 19 November 2020 (opens in a new tab)
- EUDA: Cannabis laws in Europe FAQ, medical and commercial cannabis-derived products (revised 21 April 2026) (opens in a new tab)
- EUDA: Cannabis laws in Europe FAQ, international obligations (opens in a new tab)
- Regulation (EU) 2015/2283 on novel foods (opens in a new tab)
- European Commission: decisions terminating novel food procedures (opens in a new tab)
- EFSA: Provisional safe level for cannabidiol as a novel food (9 February 2026) (opens in a new tab)
- EFSA NDA Panel: Update of the statement on safety of cannabidiol as a novel food (2026), doi 10.2903/j.efsa.2026.9862 (opens in a new tab)
- Regulation (EU) 2021/2115, Article 4(4): THC content of hemp for EU direct payments (opens in a new tab)
- Commission notice on the maximum THC content of hemp from 2023 (OJ C 2023/1365) (opens in a new tab)
- Fødevarestyrelsen (Denmark): Examples of novel food status, hemp and CBD (opens in a new tab)
- Lægemiddelstyrelsen (Denmark): Products containing cannabis (opens in a new tab)
- BVL (Germany): FAQ on hemp, THC and CBD (opens in a new tab)
- MILDECA, interministerial mission on drugs (France): Le CBD (July 2023, updated May 2025) (opens in a new tab)
- Service-public.fr (France): Products you can take when travelling abroad (opens in a new tab)
- Légifrance: Order of 30 December 2021 on hemp (France) (opens in a new tab)
- Livsmedelsverket (Sweden): Hemp, Cannabis sativa (opens in a new tab)
- Läkemedelsverket (Sweden): Cannabidiol, CBD (opens in a new tab)
- Czech Ministry of Agriculture: planned ban on CBD foods (25 April 2023) (opens in a new tab)
- Czech Supreme Administrative Court: 7 As 83/2024 (30 July 2025) (opens in a new tab)
- ČTK (Czech News Agency): CBD measure will not take effect for now (17 May 2023) (opens in a new tab)
- Tullverket (Swedish Customs): Narcotics, doping substances and other goods hazardous to health (opens in a new tab)
- NVWA (Netherlands): Placing novel foods on the market (opens in a new tab)
- CBG (Netherlands): Cannabis (opens in a new tab)
- UK Food Standards Agency: Cannabidiol (CBD) consumer advice (opens in a new tab)


