In just a few years, CBD has gone from a legal grey area to an everyday product in shops across Europe. The path there ran through a WHO report, a ruling from the EU Court of Justice, a UN vote and new rules for hemp farming. Here we go through the key events since 2018 and what they mean today.
At a glance
- In 2018 the WHO concluded that CBD shows no signs of abuse or dependence potential.
- In 2020 the EU Court of Justice ruled that CBD is not a narcotic under EU law.
- The same year the UN removed cannabis from the strictest schedule of the 1961 Single Convention.
- Since 2023, industrial hemp in the EU may contain up to 0.3 per cent THC.
- The rules for CBD products still differ from country to country.
2018: the WHO reviews CBD
In 2018 the World Health Organization’s Expert Committee on Drug Dependence carried out a full critical review of CBD. It concluded that pure CBD shows no signs of abuse or dependence potential. The review became an important basis for the decisions later taken at both the UN and in the EU.
2020: the EU Court of Justice and the Kanavape case
On 19 November 2020 the EU Court of Justice delivered its ruling in the so-called Kanavape case (C-663/18). The case concerned a French CBD e-cigarette that had been lawfully produced in the Czech Republic, but which France banned because the CBD was extracted from the whole hemp plant.
The court found that CBD is not a narcotic under EU law, because unlike THC it does not appear to have any psychoactive effect. A country therefore cannot ban CBD lawfully produced in another EU country unless it can show a real risk to public health. Purely hypothetical risks are not enough.
2020: the UN reclassifies cannabis
Two weeks later, on 2 December 2020, the UN Commission on Narcotic Drugs voted on the WHO’s recommendations. By 27 votes to 25, with one abstention, cannabis was removed from Schedule IV of the 1961 Single Convention, the schedule reserved for the most harmful substances. The WHO’s proposal that CBD products with no more than 0.2 per cent THC should not be under international control was not adopted. One reason several countries gave was that CBD itself is not under international control.
2023: a higher THC limit for industrial hemp
Under the EU’s Common Agricultural Policy, the limit for how much THC industrial hemp may contain was raised from 0.2 to 0.3 per cent. The new limit has applied since 1 January 2023 and gives farmers access to more varieties. Today there are more than a hundred hemp varieties in the EU common catalogue.
Cultivation has grown too. According to the European Commission, the area under hemp rose from 20,540 hectares in 2015 to 33,020 hectares in 2022, and production increased by more than 80 per cent over the same period. France accounts for more than 60 per cent of EU production, followed by Germany and the Netherlands.
2024: Germany legalises cannabis
Germany’s cannabis act came into force on 1 April 2024. Since then, adults may possess and grow small amounts of cannabis for personal use. The law covers cannabis containing THC rather than CBD products, but it has made Germany Europe’s largest and most debated cannabis market. We have written more about how the law has worked in its first years.
Europe is moving in different directions
Despite the shared decisions, the rules for CBD products still differ between countries. In 2025 the Czech Republic introduced a dedicated law regulating the sale of hemp products, while Italy tightened its rules on hemp flowers the same year. The Nordic countries are among the more restrictive. We give a country-by-country overview in our article Is CBD oil legal in Europe?
What it means when you buy CBD
Because the rules vary, it matters even more to know what a product actually contains. Choose products where the seller publishes independent lab tests of both cannabinoids and THC content. You can find all our analyses on our lab reports page, and in our article on how we lab test our CBD oils we explain what is tested.
Frequently asked questions about CBD in Europe
Is CBD a narcotic in the EU?
No. In the 2020 Kanavape case, the EU Court of Justice ruled that CBD is not a narcotic under EU law, because it does not appear to have any psychoactive effect.
What was the Kanavape case?
A case at the EU Court of Justice about a CBD product lawfully made in the Czech Republic but banned in France. In 2020 the court found that such a ban breaches the free movement of goods, unless the country can show a real risk to public health.
What is the THC limit for hemp in the EU?
Since 1 January 2023, industrial hemp grown under the EU’s Common Agricultural Policy may contain no more than 0.3 per cent THC. The previous limit was 0.2 per cent.
Is CBD legal in every EU country?
The rules differ between countries, both in which products may be sold and how much THC they may contain. Always check what applies where you live.
Where is most hemp grown in the EU?
France accounts for more than 60 per cent of EU hemp production, followed by Germany and the Netherlands.
Sources
- Court of Justice of the European Union (2020). Judgment in Case C-663/18, B S and C A (Kanavape). Press release No 141/20, 19 November 2020.
- European Commission (2024). Hemp. Directorate-General for Agriculture and Rural Development.
- Regulation (EU) 2021/2115 of the European Parliament and of the Council on CAP strategic plans.
- United Nations (2020). UN commission reclassifies cannabis, yet still considered harmful. UN News, 2 December 2020.
- Prohibition Partners (2025). CBD in Europe 2025: Market Size, Growth & Legal Status.
- World Health Organization (2018). Cannabidiol (CBD): Critical Review Report. Expert Committee on Drug Dependence, 40th meeting. Geneva: WHO.
