Month: September 2023

Italy, renowned for its Mediterranean climate, laid-back ambiance, and rich history, is gradually gaining recognition for a different reason. The southern European country is being considered a place where people can use whichever cannabinoids they wish without repercussion.

Is it true that cannabis has been decriminalized in Italy, and what does this mean for entrepreneurs seeking to offer cannabinoids to the Italian people? In this guide, we’ll explore all the intricacies of Italian law and culture pertaining to cannabis, providing a roadmap for approaching the Italian market with CBD, CBG, and other hemp cannabinoids.

Are cannabinoids legal in Italy?

Italy has decriminalized THC cannabis possession in quantities up to 1.5 grams. When it comes to other cannabinoids, the nation follows the general EU rule on the subject, which dictates that cannabinoid products are admissible for entry into EU countries as long as they are produced in the EU and contain less than 0.3% THC¹.

Overall, Italy should be viewed as one of the more lax cannabis markets. In nations that impose strict controls on cannabis in general, a confluence of cultural and regulatory factors usually prevents even non-intoxicating cannabinoids from flourishing. Since Italy accepts cannabis overall, it usually has no problem accepting non-intoxicating cannabinoids like CBD and CBG.

Italy operates a medical cannabis market, but oddly enough, the entirety of the medical cannabis supply chain in Italy is overseen by the military². Rather than standardizing the industry, this approach has simply led to supply chain gaps and facilities shutting down³.

Clearly, Italy is not without its own struggles surrounding cannabis production and regulation. It remains the case, though, that the general attitude toward cannabis is highly relaxed in the Mediterranean country.

History of cannabis in Italy

Cannabis has been cultivated in Italy⁴ since time immemorial. Archaeological records show that Ancient Romans grew hemp as early as the Late Pleistocene age with clear records evident dating at least as far back as 1000 BC. The cultivation of cannabis for textile, medicinal, and spiritual purposes has continued uninterrupted in Italy ever since.

The use of cannabis was so widespread in Rome that Pliny the Elder makes considerable space to mention its cultivation in his history. Detailed notes are provided on the sowing of seeds in the spring, reaping of buds at the autumn equinox, and then drying the plants by wind or the smoke of a fire. Cannabis cultivation remains a core component of treatises on agriculture throughout the ups and downs of the Roman Empire’s tenure in Italy.

After the fall of Rome, cannabis enjoyed great usage in Italy during the period of the merchant republics, who largely relied on hemp sailcloth to make their voyages throughout the Mediterranean. Hemp remained the main fiber used for sails throughout Italian Unification and only saw a decrease in popularity as synthetic sailcloths became available.

Then, the global War on Drugs swept through Italy, bringing along with it a temporary rejection of cannabis. This distance has only made the Italian people fonder of the plant, however, who now recognize in even more detail the vast medicinal and healing properties of cannabinoids.

History of cannabis laws in Italy

Despite the outbreak of anti-cannabis laws that spread throughout Europe in the wake of Napoleon’s conquest of Egypt, Italy, enjoying long relations with the Moors and their hash-smoking practices, continued to allow cannabis use all throughout the 19th century. In 1887, in fact, the Italian Dr. Raffaele Valieri⁵ became one of the first scientists to publish the results of his research into cannabis use among the terminally ill.

At the First International Opium Conference in 1912, though, Italy turned heads when it demanded that cannabis be banned⁶ along with opium, citing sudden issues with hashish that had erupted in Italian colonies in Libya. This request was granted during the Second International Opium Conference in 1925, but only in the context of international trade.

Even as its position toward the intoxicating components of cannabis soured, Italy remained one of the world’s most prominent producers and exporters of hemp until the 1950s. Then, a combination of slowing domestic production and hostile international views on drugs led Italy to shrink back on hemp production for more than half a century.

Italy was one of the signatories of the UN Single Convention on Narcotic Drugs in 1961⁷, effectively making cannabis use illegal. Then, the nation banned hemp cultivation altogether in 1980, leading to the erasure of many irreplaceable Italian cannabis phenotypes that had resulted from centuries of careful interbreeding.

The period of full Italian cannabis prohibition would prove short-lived. In 1993, Italy made the controversial move⁸ of removing penalties for the possession of “soft drugs” at the culmination of a lengthy national discourse on the differences between “using” and “pushing” illegal narcotics.

This move began an overall push to bring hemp and cannabis back into the Italian regulatory fold. An era not without its drama, cannabis would be famously re-criminalized in Italy in 2006 before finally becoming decriminalized again in 2014⁹. This decriminalization only applies to personal use, however, with the cultivation and sale of THC cannabis remaining federal offenses under Italian law.

Which cannabinoids are legal in Italy?

The story surrounding cannabinoids in contemporary Italy is somewhat complex. The nation suffers from an overall drug criminality problem that it has tried to solve in countless ways. Recently, for instance, Italy legalized what it calls “cannabis light¹⁰,” which refers to domestically produced hemp products containing less than 0.2% (now 0.3%) THC.

Retailers took to this new law like wildfire, in many cases offering products containing more than the legal THC threshold or using strains not approved as “hemp” by the Italian government. Inevitable regulatory pushback has ensued, and the status of “cannabis light” products is anything but stable.

Despite these minor quirks, Italy generally allows the import and sale of non-THC cannabinoids as long as they contain less than 0.3% THC. CBD and CBG are not considered “cannabis light” by default and do not necessarily need to be derived from approved strains.

Is CBD legal in Italy?

Yes, CBD is legal in Italy due to a combination of both EU and domestic law. Following all applicable EU guidelines on the subject, CBD products entering Italy must simply contain less than 0.3% THC and meet any other general import requirements. Italy is considered a CBD-friendly country with sales massively increasing through both brick-and-mortar and online platforms.

Is CBG legal in Italy?

The lesser-known cannabinoid cannabigerol (CBG) has not been explicitly addressed by Italian law. As long as CBG products contain less than 0.3% THC, however, offering them to Italians most likely won’t meet with any obstacles. Impressed by the benefits of both THC and CBD, the Italian market is eager to encounter new cannabinoids.

Is THC legal in Italy?

In Italy, possession of up to 1.5 grams of THC-rich cannabis is decriminalized, but not legal. This means that Italian police cannot arrest or fine you if there is less than 1.5g of cannabis in your possession. For larger quantities, fines may apply, but the possibility of jail time only appears if you have been caught with quantities of cannabis beyond the possession limit multiple times.

Enforcement of cannabis laws has gone down even more with the advent of Italy’s medical cannabis industry. Overall, culturally relaxed views on cannabis appear to have trickled down to the level of law enforcement, which is evidenced by even the Italian military playing a major role in relaying cannabis to its people.

Despite all this, it’s still important to remember that cannabis is not legal in Italy, only decriminalized. This remains a nation where cannabis is generally illegal, and if you bend the law too far, you might find out just how inflexible Italian cannabis policies can be.

Does Italy have adult-use cannabis?

No, Italy has not legalized adult-use cannabis, though it will likely be one of the first European countries to do so. The EU continues to make it difficult for individual member nations to establish adult-use cannabis industries, but Germany is spearheading a multi-nation initiative to overrule this position. As a country that embraces cannabis overall but is struggling with supply chain issues, Italy is an obvious candidate for a streamlined and modern adult-use cannabis industry.

Can you import cannabinoids into Italy?

Yes, cannabinoid products containing less than 0.3% THC are generally admissible for import into Italy. EU law dictates that imported hemp products must originate in member nations, however, so it’s necessary to work with a European distributor to access the Italian market.

Are there cannabinoid manufacturers in Italy?

Italy is bereft of cannabinoid manufacturers with domestic producers forced to stick to non-intoxicating strains of cannabis for the time being. As odd as it may seem at first, the primary cannabis producer in Italy is the Italian military with its monopoly on medical cannabis cultivation. Otherwise, the Italian market is wide open for cannabinoid manufacturers to establish their brands.

Summary: Viva Italia, viva cannabis

Out of all the European nations, Italy may be the foremost when it comes to cannabis history. The plant played a crucial role in every stage of the rise and fall of the Roman Empire, and Italian farmers continued to grow hemp in the region for centuries afterward.

To the Italians, cannabis is no big deal: It’s an ancestral plant, widely misunderstood, that has the potential to be misused under some circumstances. The centerpiece of Europe’s diverse swath of positions on cannabis, Italy’s cannabinoid market is as ripe as its beautiful, ancestral farmlands.

Sources

1. Sabaghi, D. (2021c, December 14). European Union Increases THC Level For Industrial Hemp. Why Does It Matter? Forbes. https://www.forbes.com/sites/dariosabaghi/2021/12/14/european-union-increases-thc-level-for-industrial-hemp-why-does-it-matter/?sh=5a3d8f18128b
2. Kington, T. (2022, December 30). A high ambition: Italian Army aims for self-sufficient cannabis market. Defense News. https://www.defensenews.com/global/europe/2022/12/30/a-high-ambition-italian-army-aims-for-self-sufficient-cannabis-market/
3. Stevens, B. (2023). Italian Military Halts Production Of Medical Cannabis Production Piling Pressure On Supply Chain. Business of Cannabis. https://businessofcannabis.com/italian-military-halts-production-of-medical-cannabis-production-piling-pressure-on-supply-chain/
4. The long history of Cannabis and its cultivation by the Romans in central Italy, shown by pollen records from Lago Albano and Lago di Nemi on JSTOR. (n.d.). https://www.jstor.org/stable/23418014
5. Dell’Amico, M. (2014, January 9). La canapa in Italia dalle pipe preistoriche alla legge Cossiga. Wired Italia. https://www.wired.it/lifestyle/salute/2014/01/09/quando-tutti-gli-italiani-amavano-la-canapa/
6. A cannabis reader: global issues and local experiences: Volume 1 | www.emcdda.europa.eu. (2023, September 13). https://www.emcdda.europa.eu/publications/monographs/cannabis-volume1_en
7. SINGLE CONVENTION ON NARCOTIC DRUGS, 1961. (n.d.). United Nations. https://www.unodc.org/pdf/convention_1961_en.pdf
8. Sabaghi, D. (2021a, September 13). Inside Italy’s Push To Decriminalize Recreational Cannabis. Forbes. https://www.forbes.com/sites/dariosabaghi/2021/09/13/italy-wants-to-decriminalize-marijuana-on-the-ballot-amid-a-race-against-time/?sh=57d745a9639b
9. Cruciata, G. (2020). The crisis of marijuana criminalization in Italy. Filter. https://filtermag.org/criminalization-italy-marijuana-hash/
10. Italy’s “cannabis light” creates buzz even if the pot won’t | AP News. (2021, May 1). AP News. https://apnews.com/article/marijuana-italy-business-courts-international-news-ea9ac614af74488b8977e3dbe54dd795

In Sweden, the approach to cannabis and cannabinoids is marked by a stringent legal framework and deeply rooted cultural apprehensions. This rigid stance often leads to intense reactions towards cannabis use, prompting a discourse among citizens and global observers alike on the rationale behind Sweden’s cannabis regulations.

Some less-than-reasonable misunderstandings of the plant certainly seem to be at play. At the same time, Sweden has tentatively begun a small medical cannabis program¹ that is already threatening to grow out of control.

Will Sweden overcome its stigma enough to embrace the economic benefits of cannabinoids, or will one of Europe’s most progressive countries remain lamentably backward in the arena of cannabis? Find out how Sweden currently views cannabinoids (including CBD and CBG) along with projections for the future of cannabis in the Scandinavian nation.

Are cannabinoids legal in Sweden?

Sweden has put in place a medical cannabis program by which patients can be prescribed cannabis products by their doctor. Other treatments do not need to be offered first — if a Swede patient and doctor agree that cannabis is a reasonable treatment, it will be prescribed without any further hoops to jump through.

Otherwise, though, cannabinoid law in Sweden reverts to the nation’s no-tolerance standard of THC. If products contain even a trace of THC, they are no longer considered to be hemp under Swedish law. Products containing isolate CBD, which does not include traces of THC, have been viable for sale since before the passage of the country’s new medical cannabis law in 2022.

Travelers and citizens should be advised, though, that cannabis has only been legalized in Sweden in the context of a doctor’s prescription. Also, the only products approved are the synthesized THC drugs Sativex and Dronabinol along with select options from Bedrocan, a major Dutch cannabis exporter.

There are no “medical dispensaries” in Sweden; all cannabis is dispensed through a conventional pharmacy. Cannabis has also not been decriminalized in Sweden, with even small quantities entailing harsh judgments under Swedish cannabis law.

Medical cannabis may be legal in Sweden now, but that doesn’t mean cannabis is culturally accepted. Use cannabis publically in Sweden, and you’ll find out just how much Swedes still look down on the plant’s use and the people who use it.⁴

History of cannabis in Sweden

Cannabis horticulture was introduced to Sweden as early as the 1st century AD². Extensive archaeological evidence suggests that cannabis cultivation became widespread by the fifth century AD with sites discovered where hemp retting³ was performed.

Sweden narrowly escaped becoming part of the Dutch Empire during its colonial days, but it remained largely under the Dutch sphere of influence. As a result, cannabis law in Sweden has historically largely mirrored that of its near neighbors.

Cannabis became a major cultural issue in Sweden in the mid-1950s when American jazz musicians began bringing the plant with them when performing in Swedish clubs. Cannabis use among young people became considerably prominent in Gothenburg and other major Swedish cities in the 1970s, and it became associated with overall drug use once Europe’s heroin epidemic hit later that decade.

Over the years, Swedes have accumulated an overall outlook on cannabis that is profoundly negative. A Swedish study⁴ published in Addiction in 2015, for instance, found that men registered in Sweden’s mandatory military service were more likely to be unemployed or in need of government assistance later in life if they admitted to using cannabis heavily as teens.

In a testament to the Swedish bias against cannabis, however, no controls were used in this research. Instead, the authors simply say that the associations they found are “not explained fully by other health‐related, social or behavioral problems.” Any student of the scientific method can tell this is sloppy research that almost seems designed to provide a specific set of results.

History of cannabis laws in Sweden

Cannabis in all forms was made illegal in Sweden in 1930⁵, shortly after a similar law was passed in Holland. Then, Sweden became one of the signatories of the UN Convention on Drugs in 1961⁶, coming into agreement with international positions on laws governing cannabis and other drugs.

Unlike the case in other countries, Sweden has never loosened its stance on cannabis. Or, put more accurately, the first time it did so was by allowing medical cannabis to be offered by doctors — all either in the form of an approved synthetic cannabinoid pharmaceutical or products from Bedrocan.

Sweden has made no moves to legalize or decriminalize cannabis in a wider sense. Adult use of cannabis is not legal in Sweden, and even medical cannabis patients are prohibited from growing their own plants or forming patient collectives.

All in all, Sweden features some of the most punitive and restrictive positions on cannabis in the entirety of Europe. Due to these restrictive laws, Sweden is the last thing from an ideal market for offering cannabinoids.

Which cannabinoids are legal in Sweden?

Cannabinoids are, in general, illegal in Sweden with only a few small exceptions being made. As we’ve discussed, Sweden has a small medical cannabis program consisting of pharmaceutical medications and imported Dutch products.

Aside from this token acknowledgment of cannabis, however, Sweden has mainly kept any product with any association with THC fully illegal. This situation complicates things not only for those wishing to offer THC products but also for purveyors of products containing CBD or CBG, which often contain small amounts of THC, a feature that is usually even seen as a desirable attribute.

Is CBD legal in Sweden?

Yes, CBD products are legal in Sweden, but only if they do not contain any trace of THC whatsoever. If a CBD product is found to contain any THC, Swedish authorities will consider it to be marijuana, resulting in confiscation, fines, or even prison sentences for the offender.

As a result, CBD isolate is usually the only type of CBD sold in Sweden. Even broad-spectrum CBD extract, which also contains zero traces of THC, is only infrequently used in Swedish markets due to the potential of a law-enforcement misunderstanding.

Is CBG legal in Sweden?

The Swedish government has not made any special exceptions for CBG, so if CBG products are to enter the country, they must simply not contain any THC whatsoever. Due to a lack of familiarity with the cannabinoid combined with the nation’s alarmist position on anything related to cannabis, it may, nonetheless, be wise to avoid importing CBG into Sweden.

Is THC legal in Sweden?

No, THC is not legal in Sweden except in the context of its government-controlled medical cannabis program, which mainly offers synthetic pharmaceutical cannabinoids rather than genuine cannabis products. Possession of THC products in Sweden can be punishable by large fines and jail time even for minor offenses, and trafficking THC in the Scandinavian country is a felony with a mandatory prison sentence.

Does Sweden have adult-use cannabis?

No, Sweden does not allow adult-use cannabis, and it may be one of the last nations in the Western world to adopt such a policy. Culturally, cannabis use is associated with laziness and criminality in Sweden, a deeply entrenched stigma many decades in the making that won’t be erased anytime soon.

Can you import cannabinoids into Sweden?

Yes, cannabinoid products are generally clear for import into Sweden as long as they do not contain any THC whatsoever. Great care should be taken around THC-adjacent cannabinoids like delta 8 and HHC as well, which appear to be in the process of being banned⁷ even in cannabis-positive European nations.

Overall, the only cannabinoid that can be considered fully clear for Swedish import is CBD. Instead of assuming innocence until proving guilt, other cannabinoids will likely fall under the same Swedish disregard for THC, a disregard so potent it can even result in jail-time felonies.

Are there cannabinoid manufacturers in Sweden?

No, Swedish law prohibits the production of cannabinoid products on Swedish soil. That’s why all the products offered under Sweden’s medical cannabis program are imported from other countries.

As with other EU nations, Sweden is much friendlier toward hemp products produced within the European Economic Area (EEA). Resultantly, a partnership with a hemp producer already operating within the EEA is a critical first step when embarking on the tricky process of selling cannabinoid products in Sweden.

Sweden: Hemp’s frozen wasteland

All the inhabitants of Scandinavia are known for their severity. Surrounded by a climate of total darkness for half the year and frenzied yet disciplined activity for the other, the residents of Sweden and other Nordic countries have little time to waste on dalliances and distractions.

This cultural context goes at least some way toward explaining the antithetical position the Swedish people insist on still having toward cannabis and cannabinoids. It remains mysterious, however, why this particular European nation has remained so stalwart in its rejection of both cannabinoids and cannabis culture.

If cannabinoids were to take hold in Sweden, the nation could prove a tipping point in the overall march of cannabis across the world. Toe the line and take great caution, but enter into the Swedish cannabinoid market bravely — even if you stick to just CBD at this time.

Sources

1. DeAngelo, A. (2022, June 30). An Inside Look At Sweden’s First Medical Cannabis Conference. Forbes. https://www.forbes.com/sites/andrewdeangelo/2022/06/30/an-inside-look-at-swedens-first-medical-cannabis-conference/
2. Larsson, M., & Lagerås, P. (2014). New evidence on the introduction, cultivation and processing of hemp (Cannabis sativaL.) in southern Sweden. Environmental Archaeology, 20(2), 111–119. https://doi.org/10.1179/1749631414y.0000000029
3. Hemp Harvesting, Retting, and Fiber Separation. (n.d.). USDA. https://www.ers.usda.gov/webdocs/publications/41740/15855_ages001ee_1_.pdf?v=0
4. Danielsson, A., Falkstedt, D., Hemmingsson, T., Allebeck, P., & Agardh, E. (2015). Cannabis use among Swedish men in adolescence and the risk of adverse life course outcomes: results from a 20 year‐follow‐up study. Addiction, 110(11), 1794–1802. https://doi.org/10.1111/add.13042
5. Sweden, drug use in | Encyclopedia.com. (n.d.). https://www.encyclopedia.com/education/encyclopedias-almanacs-transcripts-and-maps/sweden-drug-use
6. SINGLE CONVENTION ON NARCOTIC DRUGS, 1961. (n.d.). United Nations. https://www.unodc.org/pdf/convention_1961_en.pdf
7. Dréan, M., & Battaglia, M. (2023, June 15). As France bans HHC cannabis alternative, stores rush to sell off stock. Le Monde.fr. https://www.lemonde.fr/en/france/article/2023/06/15/as-france-bans-hhc-cannabis-alternative-stores-rush-to-sell-off-stock_6032081_7.html

Spain has recently become known as an international epicenter of cannabis tourism, raising questions about the nation’s actual stance on cannabinoids. Is the Mediterranean country as receptive to cannabinoids as it appears? From Spain’s stance on specific cannabinoids to insights into the nation’s overall cannabis culture, learn everything you need to know about marketing cannabinoid products to Spaniards. 

Are cannabinoids legal in Spain?

Possession and use of THC-rich cannabis products is decriminalized for most purposes in Spain. The nation also follows general EU standards for CBD products, with the maximum THC threshold recently being raised to 0.3%.

Cannabis is not, however, “legal” in Spain, and the existence of cannabis clubs has led to considerable controversy over the years. It’s also important to remember that Spain is hardly monolithic with individual provinces and cities often imposing their own cannabis regulations.

History of cannabis in Spain

The modern science of “historical biogeography” commonly places the first entry of Cannabis sativa into Europe somewhere in the Iberian Peninsula¹, an area of Europe comprising Spain and Portugal. Using archaeological and geological records, scientists have been able to determine that cannabis use was already widespread in prehistoric Europe² with an emphasis on the Iberian Peninsula region.

So, it would be fair to say that cannabis is baked into the dirt and clay of Spanish soil, also playing a role culturally in the development of Spanish arts and history. Like most other colonial powers, the Spanish cultivated hemp extensively for sailcloth, and as the foremost colonial empire for centuries, Spain had a great need for sails.

It should come as no surprise, therefore, that the Spanish began cultivating hemp in Chile as early as 1545³, which most historians credit as the introduction of Cannabis sativa to the Americas. Records of cannabis use for medical or religious purposes in Spain are scant, but to this day, the Spanish are remembered for their connection to sorcery⁴.

Spaniards brought their own understanding of the occult, including the magical art of pharmacy, to the Americas, where it blended with the shamanistic beliefs⁵ of the natives. Already accustomed to entheogenic substances, indigenous peoples widely embraced the psychoactive properties of cannabis while colonizing Spaniards still mostly used the plant for sail fiber.

Spain underwent a great deal of cultural interchange during its colonial period, bringing certain spiritual practices back from the New World with it. Cannabis never truly died out in Spain, and the country’s 20th-century views on cannabis use and possession can be contextualized within the Iberian Peninsula’s ancient role as a cannabis homeland.

History of cannabis laws in Spain

In 1992, the Spanish government decriminalized the possession and personal use of all drugs⁶, becoming one of the first European nations to take this dramatic step. While this law did not make it legal to cultivate cannabis or use it in public spaces, it essentially made it impossible for the Spanish government to arrest you for possessing small amounts of cannabis.

Then, in 2015, Spain decriminalized personal cultivation of cannabis⁷ as long as plants were not viewable in public spaces. Nonetheless, Spanish citizens have taken to growing cannabis on their balconies, exploiting a legal loophole providing that balconies are private, not public spaces.

Buying or selling cannabis remains illegal in Spain. Due to the combination of these two decriminalization laws, however, cannabis clubs have formed and flourished throughout Spain. These clubs consist of members who make donations in exchange for products — legally, no actual exchange of tender for goods occurs.

Over the years, various cannabis clubs have been shut down in Spain, or members have been penalized. These actions were always on behalf of local governments, however, with the Spanish federal government sticking by its position that cannabis possession is decriminalized for personal use.

Which cannabinoids are legal in Spain?

The only cannabinoid that is specifically illegal in Spain is THC, and only within certain specific contexts. Otherwise, THC products are decriminalized in Spain, and the nation has not made any specific provisions for other cannabinoid products. As such, regulations regarding CBD in Spain revert to EU guidelines⁸, which stipulate that CBD may be imported into member nations as long as it contains less than 0.3% THC.

Is CBD legal in Spain?

Yes, CBD is generally considered to be legal in Spain since the nation follows EU mandates. The EU has determined that CBD products containing less than 0.3% THC are legal for sale within its member nations, and Spain has not made any moves to the contrary. Currently, CBD products are widely sold throughout Spain in boutiques, natural food stores, and similar locations.

Is CBG legal in Spain?

The legality of cannabigerol (CBG) in Spain is questionable since the EU has not ruled on this particular cannabinoid. The general thrust of current international cannabinoid law, though, is to accept new cannabinoids so long as they contain less than 0.3% THC.

With cannabinoids like CBG, it is especially important to remember the near-autonomy certain Spanish provinces have regarding import and export laws. Importing CBG into Catalonia, an area known for its lax positions on cannabis⁹, could be easier, for instance, than attempting to import the cannabinoid into Madrid.

Is THC legal in Spain?

No, THC products are not legal in Spain. The reason Spain has so many cannabis clubs is that cannabis use and possession (and, in some cases, cultivation) are decriminalized under Spanish law.

While certain prescription cannabis medications are available through the Spanish pharmacy system, the nation has yet to enact comprehensive medical cannabis laws. Efforts are underway to push this agenda forward in 2023¹⁰, but so far, no system for fully legal cannabis sales exists in Spain.

Does Spain have adult-use cannabis?

No, adult-use cannabis is not legal in Spain. Instead, the country has decriminalized most forms of cannabis possession and use, effectively allowing anyone in Spain to use cannabis without facing legal repercussions. However, it is important to note that decriminalization is very different from legalization.

Can you import cannabinoids into Spain?

It is legal to import CBD products into Spain as long as they follow general EU and Spanish import procedures and contain less than 0.3% THC. Other forms of cannabis import into Spain are usually not allowed, however, since they are construed as drug trafficking.

Unlike nations with medical or adult-use cannabis economies, there is no legal pretext for exporting cannabis products to Spain. Even though cannabis use is decriminalized, importing cannabis products for Spaniards to use could easily be seen as illegal if they contain more than 0.3% THC.

Are there cannabinoid manufacturers in Spain?

There are no legitimate, above-board THC cannabis manufacturers located within the borders of Spain. The nation has not enacted medical or adult-use cannabis laws, after all, so THC cultivation and processing is usually considered illegal drug trafficking.

The situation is different for CBD, though. Taking the Spanish government’s silence on the issue as tacit acceptance, various manufacturers have started producing CBD on home soil. CBD products made in Spain, however, do not benefit from the advanced methods and systems that have been developed in already-established cannabinoid economies.

As a result, Spanish-made CBD products are unlikely to compare favorably to imported options offered by larger producers servicing multiple countries. Spanish CBD producers must also abide by guidelines that are not imposed on foreign producers.

Summary: Iberian roots and Catalonian offshoots

Modern scientists are nearly universal in the belief that cannabis entered Europe by way of the Iberian Peninsula. In Spain and many other areas of Europe, cannabis cultivation never truly stopped. How could a century’s aberration cover up millennia of agricultural practice, after all?

It’s easy to forget, but Catalonia nearly became its own independent nation a few years ago, which the province’s stances on cannabis clearly reflect¹¹. Today, Catalonia is a massive hub of illicit cannabis trafficking, a situation never intended by lawmakers or even average users.

So, Spain represents both the best and the worst of cannabis. On the one hand, it’s the historical homeland of the plant, and on the other, Spain remains burdened by a difficult-to-dismantle black-market cannabis economy.

In such an environment, it’s important to make cannabis seem everyday. Whichever struggles the nation may currently be facing in the realm of THC cannabis, make it clear that non-intoxicating cannabinoids like CBD and CBG are in another category altogether.

Spain and cannabinoids go together beautifully, and they always have. By sidestepping the nation’s current adult-use cannabis issues and focusing on the core benefits of cannabinoids, entrepreneurs have the potential to be wildly successful within this uniquely cannabis-attenuated market. 

Sources

1. Rull, V., Burjachs, F., Carrión, J. S., Ejarque, A., Fernández, S., López-Sáez, J. A., Luelmo-Lautenschlaeger, R., Ochando, J., Pérez-Díaz, S., Revelles, J., Riera, S., & Rodriguez, S. (2023). Historical biogeography of Cannabis in the Iberian Peninsula: A probabilistic approach using palynological evidence. Perspectives in Plant Ecology Evolution and Systematics, 58, 125704. https://doi.org/10.1016/j.ppees.2022.125704
2. Europe PMC. (n.d.). When and How Did Cannabis Reach Europe and the Iberian Peninsula? https://europepmc.org/article/ppr/ppr425352
3. Brill, H. (1981). Marihuana: The first twelve thousand years. Journal of Psychoactive Drugs. https://doi.org/10.1080/02791072.1981.10471902
4. Hammer, J. (2022, October 31). Spain’s Centuries-Long witch hunt killed 700 women. Smithsonian Magazine. https://www.smithsonianmag.com/history/spain-centuries-long-witch-hant-killed-700-women-180981018/
5. Gareis, I. (2013). Merging Magical Traditions: Sorcery and Witchcraft in Spanish and Portuguese America. Oxford University Press eBooks. https://doi.org/10.1093/oxfordhb/9780199578160.013.0024
6. Decriminalisation in Europe? (n.d.). European Legal Database on Drugs. https://www.emcdda.europa.eu/attachements.cfm/att_5741_EN_Decriminalisation_Legal_Approaches.pdf
7. Weinberg, B. (2018). Cannabis cultivation decriminalized in Spain? High Times. https://hightimes.com/grow/cannabis-cultivation-decriminalized-in-spain/
8. Sabaghi, D. (2021b, December 14). European Union Increases THC Level For Industrial Hemp. Why Does It Matter? Forbes. https://www.forbes.com/sites/dariosabaghi/2021/12/14/european-union-increases-thc-level-for-industrial-hemp-why-does-it-matter/?sh=5a3d8f18128b
9. Morel, S. (2022, April 8). In Catalonia, the law struggles with private cannabis clubs. Le Monde.fr. https://www.lemonde.fr/en/international/article/2022/04/08/in-catalonia-the-law-struggles-with-private-cannabis-clubs_5980043_4.html
10. Diariofarma. (2023). La Sociedad Española del Dolor pide una ley del cannabis. Diariofarma. https://diariofarma.com/2023/05/25/la-sociedad-espanola-del-dolor-pide-una-ley-del-cannabis
11. Garcia, H., & Faus, J. (2023, June 28). Catalonia cracks down on booming marijuana industry. Reuters. https://www.reuters.com/world/europe/catalonia-cracks-down-booming-marijuana-industry-2023-06-28/

Italy, renowned for its Mediterranean climate, laid-back ambiance, and rich history, is gradually gaining recognition for a different reason. The southern European country is being considered a place where people can use whichever cannabinoids they wish without repercussion.

Is it true that cannabis has been decriminalized in Italy, and what does this mean for entrepreneurs seeking to offer cannabinoids to the Italian people? In this guide, we’ll explore all the intricacies of Italian law and culture pertaining to cannabis, providing a roadmap for approaching the Italian market with CBD, CBG, and other hemp cannabinoids.

Are cannabinoids legal in Italy?

Italy has decriminalized THC cannabis possession in quantities up to 1.5 grams. When it comes to other cannabinoids, the nation follows the general EU rule on the subject, which dictates that cannabinoid products are admissible for entry into EU countries as long as they are produced in the EU and contain less than 0.3% THC¹.

Overall, Italy should be viewed as one of the more lax cannabis markets. In nations that impose strict controls on cannabis in general, a confluence of cultural and regulatory factors usually prevents even non-intoxicating cannabinoids from flourishing. Since Italy accepts cannabis overall, it usually has no problem accepting non-intoxicating cannabinoids like CBD and CBG.

Italy operates a medical cannabis market, but oddly enough, the entirety of the medical cannabis supply chain in Italy is overseen by the military². Rather than standardizing the industry, this approach has simply led to supply chain gaps and facilities shutting down³.

Clearly, Italy is not without its own struggles surrounding cannabis production and regulation. It remains the case, though, that the general attitude toward cannabis is highly relaxed in the Mediterranean country.

History of cannabis in Italy

Cannabis has been cultivated in Italy⁴ since time immemorial. Archaeological records show that Ancient Romans grew hemp as early as the Late Pleistocene age with clear records evident dating at least as far back as 1000 BC. The cultivation of cannabis for textile, medicinal, and spiritual purposes has continued uninterrupted in Italy ever since.

The use of cannabis was so widespread in Rome that Pliny the Elder makes considerable space to mention its cultivation in his history. Detailed notes are provided on the sowing of seeds in the spring, reaping of buds at the autumn equinox, and then drying the plants by wind or the smoke of a fire. Cannabis cultivation remains a core component of treatises on agriculture throughout the ups and downs of the Roman Empire’s tenure in Italy.

After the fall of Rome, cannabis enjoyed great usage in Italy during the period of the merchant republics, who largely relied on hemp sailcloth to make their voyages throughout the Mediterranean. Hemp remained the main fiber used for sails throughout Italian Unification and only saw a decrease in popularity as synthetic sailcloths became available.

Then, the global War on Drugs swept through Italy, bringing along with it a temporary rejection of cannabis. This distance has only made the Italian people fonder of the plant, however, who now recognize in even more detail the vast medicinal and healing properties of cannabinoids.

History of cannabis laws in Italy

Despite the outbreak of anti-cannabis laws that spread throughout Europe in the wake of Napoleon’s conquest of Egypt, Italy, enjoying long relations with the Moors and their hash-smoking practices, continued to allow cannabis use all throughout the 19th century. In 1887, in fact, the Italian Dr. Raffaele Valieri⁵ became one of the first scientists to publish the results of his research into cannabis use among the terminally ill.

At the First International Opium Conference in 1912, though, Italy turned heads when it demanded that cannabis be banned⁶ along with opium, citing sudden issues with hashish that had erupted in Italian colonies in Libya. This request was granted during the Second International Opium Conference in 1925, but only in the context of international trade.

Even as its position toward the intoxicating components of cannabis soured, Italy remained one of the world’s most prominent producers and exporters of hemp until the 1950s. Then, a combination of slowing domestic production and hostile international views on drugs led Italy to shrink back on hemp production for more than half a century.

Italy was one of the signatories of the UN Single Convention on Narcotic Drugs in 1961⁷, effectively making cannabis use illegal. Then, the nation banned hemp cultivation altogether in 1980, leading to the erasure of many irreplaceable Italian cannabis phenotypes that had resulted from centuries of careful interbreeding.

The period of full Italian cannabis prohibition would prove short-lived. In 1993, Italy made the controversial move⁸ of removing penalties for the possession of “soft drugs” at the culmination of a lengthy national discourse on the differences between “using” and “pushing” illegal narcotics.

This move began an overall push to bring hemp and cannabis back into the Italian regulatory fold. An era not without its drama, cannabis would be famously re-criminalized in Italy in 2006 before finally becoming decriminalized again in 2014⁹. This decriminalization only applies to personal use, however, with the cultivation and sale of THC cannabis remaining federal offenses under Italian law.

Which cannabinoids are legal in Italy?

The story surrounding cannabinoids in contemporary Italy is somewhat complex. The nation suffers from an overall drug criminality problem that it has tried to solve in countless ways. Recently, for instance, Italy legalized what it calls “cannabis light¹⁰,” which refers to domestically produced hemp products containing less than 0.2% (now 0.3%) THC.

Retailers took to this new law like wildfire, in many cases offering products containing more than the legal THC threshold or using strains not approved as “hemp” by the Italian government. Inevitable regulatory pushback has ensued, and the status of “cannabis light” products is anything but stable.

Despite these minor quirks, Italy generally allows the import and sale of non-THC cannabinoids as long as they contain less than 0.3% THC. CBD and CBG are not considered “cannabis light” by default and do not necessarily need to be derived from approved strains.

Is CBD legal in Italy?

Yes, CBD is legal in Italy due to a combination of both EU and domestic law. Following all applicable EU guidelines on the subject, CBD products entering Italy must simply contain less than 0.3% THC and meet any other general import requirements. Italy is considered a CBD-friendly country with sales massively increasing through both brick-and-mortar and online platforms.

Is CBG legal in Italy?

The lesser-known cannabinoid cannabigerol (CBG) has not been explicitly addressed by Italian law. As long as CBG products contain less than 0.3% THC, however, offering them to Italians most likely won’t meet with any obstacles. Impressed by the benefits of both THC and CBD, the Italian market is eager to encounter new cannabinoids.

Is THC legal in Italy?

In Italy, possession of up to 1.5 grams of THC-rich cannabis is decriminalized, but not legal. This means that Italian police cannot arrest or fine you if there is less than 1.5g of cannabis in your possession. For larger quantities, fines may apply, but the possibility of jail time only appears if you have been caught with quantities of cannabis beyond the possession limit multiple times.

Enforcement of cannabis laws has gone down even more with the advent of Italy’s medical cannabis industry. Overall, culturally relaxed views on cannabis appear to have trickled down to the level of law enforcement, which is evidenced by even the Italian military playing a major role in relaying cannabis to its people.

Despite all this, it’s still important to remember that cannabis is not legal in Italy, only decriminalized. This remains a nation where cannabis is generally illegal, and if you bend the law too far, you might find out just how inflexible Italian cannabis policies can be.

Does Italy have adult-use cannabis?

No, Italy has not legalized adult-use cannabis, though it will likely be one of the first European countries to do so. The EU continues to make it difficult for individual member nations to establish adult-use cannabis industries, but Germany is spearheading a multi-nation initiative to overrule this position. As a country that embraces cannabis overall but is struggling with supply chain issues, Italy is an obvious candidate for a streamlined and modern adult-use cannabis industry.

Can you import cannabinoids into Italy?

Yes, cannabinoid products containing less than 0.3% THC are generally admissible for import into Italy. EU law dictates that imported hemp products must originate in member nations, however, so it’s necessary to work with a European distributor to access the Italian market.

Are there cannabinoid manufacturers in Italy?

Italy is bereft of cannabinoid manufacturers with domestic producers forced to stick to non-intoxicating strains of cannabis for the time being. As odd as it may seem at first, the primary cannabis producer in Italy is the Italian military with its monopoly on medical cannabis cultivation. Otherwise, the Italian market is wide open for cannabinoid manufacturers to establish their brands.

Summary: Viva Italia, viva cannabis

Out of all the European nations, Italy may be the foremost when it comes to cannabis history. The plant played a crucial role in every stage of the rise and fall of the Roman Empire, and Italian farmers continued to grow hemp in the region for centuries afterward.

To the Italians, cannabis is no big deal: It’s an ancestral plant, widely misunderstood, that has the potential to be misused under some circumstances. The centerpiece of Europe’s diverse swath of positions on cannabis, Italy’s cannabinoid market is as ripe as its beautiful, ancestral farmlands.

Sources

1. Sabaghi, D. (2021c, December 14). European Union Increases THC Level For Industrial Hemp. Why Does It Matter? Forbes. https://www.forbes.com/sites/dariosabaghi/2021/12/14/european-union-increases-thc-level-for-industrial-hemp-why-does-it-matter/?sh=5a3d8f18128b
2. Kington, T. (2022, December 30). A high ambition: Italian Army aims for self-sufficient cannabis market. Defense News. https://www.defensenews.com/global/europe/2022/12/30/a-high-ambition-italian-army-aims-for-self-sufficient-cannabis-market/
3. Stevens, B. (2023). Italian Military Halts Production Of Medical Cannabis Production Piling Pressure On Supply Chain. Business of Cannabis. https://businessofcannabis.com/italian-military-halts-production-of-medical-cannabis-production-piling-pressure-on-supply-chain/
4. The long history of Cannabis and its cultivation by the Romans in central Italy, shown by pollen records from Lago Albano and Lago di Nemi on JSTOR. (n.d.). https://www.jstor.org/stable/23418014
5. Dell’Amico, M. (2014, January 9). La canapa in Italia dalle pipe preistoriche alla legge Cossiga. Wired Italia. https://www.wired.it/lifestyle/salute/2014/01/09/quando-tutti-gli-italiani-amavano-la-canapa/
6. A cannabis reader: global issues and local experiences: Volume 1 | www.emcdda.europa.eu. (2023, September 13). https://www.emcdda.europa.eu/publications/monographs/cannabis-volume1_en
7. SINGLE CONVENTION ON NARCOTIC DRUGS, 1961. (n.d.). United Nations. https://www.unodc.org/pdf/convention_1961_en.pdf
8. Sabaghi, D. (2021a, September 13). Inside Italy’s Push To Decriminalize Recreational Cannabis. Forbes. https://www.forbes.com/sites/dariosabaghi/2021/09/13/italy-wants-to-decriminalize-marijuana-on-the-ballot-amid-a-race-against-time/?sh=57d745a9639b
9. Cruciata, G. (2020). The crisis of marijuana criminalization in Italy. Filter. https://filtermag.org/criminalization-italy-marijuana-hash/
10. Italy’s “cannabis light” creates buzz even if the pot won’t | AP News. (2021, May 1). AP News. https://apnews.com/article/marijuana-italy-business-courts-international-news-ea9ac614af74488b8977e3dbe54dd795

Cannabis cafes in Amsterdam have always been notorious, but is that the only way Holland has distinguished itself as an epicenter of cannabinoid culture? Why is cannabis purchasable in the Netherlands in the first place, and what does it mean for entrepreneurs seeking to enter the Dutch market? We’ll cover all the details in this comprehensive guide to cannabinoid law and culture in Holland.

A note on terminology

First, it’s important to clear up the confusing English terms that refer to Holland. Technically, Holland is only an area in the Netherlands, the official term for the nation of the Dutch people. However, in English and other languages, Holland is commonly used to refer to the Netherlands as a whole. As a result, the names “Holland” and “the Netherlands” are usually interchangeable even though they mean slightly different things.

Are cannabinoids legal in Holland?

Most cannabinoids are illegal in Holland, including THC, which is outright banned. If this situation seems counterintuitive at first, you’re not to blame.

Contrary to popular opinion, cannabis is not legal in Holland. Instead, Dutch authorities have simply turned a blind eye to black-market cannabis operations servicing a network of coffee shops, in which the sale of up to 5 grams of cannabis per person was decriminalized in 1976¹.

Decriminalization is not the same thing as legalization, however. THC possession and use remains a crime in the Netherlands.

The nation established an Office of Medicinal Cannabis in 2001², making it one of the first nations to allow medical use of THC. However, access to the official Dutch medical cannabis system is very limited and only available through the context of conventional medicine. Even users who rely on cannabis for medical purposes, therefore, usually acquire their THC through gray-market coffee shops anyway.

Holland has one of the most bizarrely restrictive policies on CBD found anywhere in the world. CBD products are allowed in the Netherlands, but only as long as they contain less than 0.05% THC³, six times less than the general standard of 0.3%.

Adhering to this policy means that only isolate and broad-spectrum CBD products are allowed in Holland, reducing the potential benefits of the entourage effect. There has been a recent effort to change Holland’s tourism image, and perhaps imposing strict restrictions on the CBD market is a way of showing solidarity with this movement.

History of cannabis in the Netherlands

During a Dutch Rail effort to establish a new train line to the northeast region of Holland, workers stumbled upon a 4,200-year-old grave⁴ containing traces of Cannabis sativa. As appears to be the case for the vast majority of Western Europe, ancient peoples inhabiting what is now the Netherlands clearly incorporated cannabis into their medicinal and religious rituals.

Cannabis use in the region of Holland was generally unstigmatized until the formation of the Dutch East India Company, which unveiled the use of cannabis as a narcotic by certain cultures of the Far East. The economic closeness of the Dutch with these cultures led to a serious cannabis import problem, which wasn’t fully addressed until the late 1920s.

While still following general EU and UN guidelines on illegal drugs, the Dutch chose to go their own way with cannabis by allowing cafes to sell it for recreational use since the 1970s. Over the course of nearly 50 years, though, this practice has only exacerbated, not alleviated, social pressures caused by the illegality of cannabis.

History of cannabis laws in Holland

The first historical record of Dutch cannabis law comes from 1921⁵ when a ban on cannabis was lifted in Dutch-controlled Suriname at the behest of an immigrant association. The Dutch clearly continued to struggle with controlling cannabis use and commerce, however, as is evidenced by a ban on cannabis in Dutch Indonesia in 1927⁶ and a subsequent ban in all Dutch holdings (including Holland) the following year.

Then, in 1953, the Netherlands signed the Geneva Convention on Drugs⁷, enshrining the Dutch cannabis ban in international law. This ban would only last 23 years, however, before a Dutch commission on drugs found reason to believe teenagers buying cannabis from street dealers would make them more likely to try more dangerous drugs as well.

The Dutch, therefore, made a distinction in their law between “hard” and “soft” drugs, with cannabis being one of the latter and now authorized for sale in coffee shops in quantities of up to 5 grams. What Dutch authorities failed to do at the same time, however, was ensure a supply of cannabis to these shops existed outside the black market.

As a result, all cannabis sold in Dutch coffee shops is still provided by black-market growers, which has only strengthened organized crime in the Netherlands. Cultural acceptance of cannabis has led to both legal and economic incentives to produce other drugs, like MDMA, in the Netherlands as opposed to other European countries, giving Holland an overall reputation of criminality that its increasingly cosmopolitan-leaning government is having trouble tolerating.

Which cannabinoids are legal in the Netherlands?

The only cannabinoid that can be considered legal in Holland is CBD, and even then only under very strict guidelines. The conception that THC is legal in the Netherlands is entirely erroneous, and the Dutch government has not given any indication that they intend to allow the sale of any cannabinoids other than CBD anytime in the near future.

Is CBD legal in Holland?

CBD is legal in Holland as long as it contains less than 0.05% THC, one of the lowest THC thresholds for CBD products in the world. Hemp or cannabis cannot legally be processed into CBD extract in the Netherlands, so any CBD products sold in the nation must be imported.

Even though it is not considered to be within the sphere of Holland’s medical cannabis system, CBD imports are nonetheless processed by the Healthcare and Youth Care Inspectorate. Those interested in importing cannabinoids into the Netherlands can learn more on the official website⁸ of the Dutch Ministry of Health, Welfare, and Sport.

Is CBG legal in Holland?

Holland has not made any special concessions for the recently popular cannabinoid cannabigerol (CBG) in the same way that it has for CBD, so it is safe to assume that CBG products are not allowed for import or sale in the Netherlands. Given the Dutch government’s unsparing approach to CBD commerce, it would be unwise to assume that imports of CBG or other non-CBD, non-intoxicating cannabinoids would simply fly under the radar.

Is THC legal in Holland?

No, THC-rich cannabis, still referred to as “marijuana,” remains illegal in the Netherlands for adult use. The only context in which THC cannabis is allowable in the Netherlands is when it is used and sold in authorized cannabis cafes or dispensed in pharmacies on a prescription basis. Coffee shop cannabis only becomes decriminalized at the point of sale with producers still operating entirely within the black market.

The Dutch medical cannabis program is too small and restrictive to meet a citizen’s average needs. The current “coffee shop” system only promotes low-quality products and criminal behavior. Clearly, the answer is a regulated and inclusive adult-use and medical cannabis industry, an answer that politicians in the Netherlands are proving slow to accept.

Does Holland have adult-use cannabis?

No, there is no adult-use cannabis program in the Netherlands. Citizens who wish to use cannabis products must buy them from a questionable coffee shop. Requests for third-party lab reports are often not taken seriously and usually do not result in the provision of any substantial information.

Once you have bought cannabis from a Dutch shop, you must use it on-site to stay within the nation’s decriminalization framework. It is illegal for Dutch authorities to arrest you for possession of under 5 grams of cannabis, but it is also illegal to possess THC-rich cannabis in any quantity, meaning that slap-on-the-wrist cannabis confiscations are common — especially in Dutch border towns.

Can you import cannabinoids into Holland?

Yes, importing cannabinoid products into Holland is the only way for them to enter the Dutch market. And, at present, the legitimate Dutch cannabinoid market consists solely of a highly restrictive CBD economy (<0.05% THC threshold) and a minuscule medical cannabis program mainly servicing the terminally ill, perhaps calling into question the overall viability of cannabinoid imports into the nation at this time.

Are there cannabinoid manufacturers in Holland?

No, the only cannabinoid manufacturers operating within the borders of Holland are either black-market or associated with the nation’s medical cannabis system. Processing hemp or cannabis for other reasons in the Netherlands is illegal by national law9.

Summary: Holland, an illusory cannabis paradise

It wasn’t so long ago that cannabis was fully illegal practically everywhere in the world. By contrast, the Netherlands served as a nearly comical oasis for cannabis use due to its unique coffee shop culture.

While cannabis tourism still brings in nearly $400 million a year, the cost to the Dutch social fabric has been severe. A program initially started to prevent youth drug use has made the Netherlands the drug capital of Europe. Holland is now known as the continental epicenter of drug and sex tourism, something local authorities never intended.

Ironically, Holland is now also one of the most backward European countries when it comes to overall cannabis law. By legitimizing a gray-area industry, the Dutch allowed their cannabis black market to blossom while disabling average citizens from enjoying the manifold benefits of cannabinoids.

Caution is certainly warranted when approaching the Dutch cannabinoid market in its current state. As intensely restrictive policies on CBD show, the Netherlands has had a complex and challenging relationship with cannabis over the last 50 years, necessitating a thoughtful and measured approach moving forward.

Sources

1. Visram, T. (2023). The Netherlands was once a cannabis pioneer, but it still hasn’t legalized weed. What happened? Fast Company. https://www.fastcompany.com/90832031
2. Ministerie van Volksgezondheid, Welzijn en Sport. (2020, September 24). Office of Medicinal Cannabis – The Office of Medicinal Cannabis. https://english.cannabisbureau.nl/
3. Hazekamp, A. (2018). The Trouble with CBD Oil. Medical Cannabis and Cannabinoids, 1(1), 65–72. https://doi.org/10.1159/000489287
4. Pascoe, R. (2012, April 11). Marijuana traces found in early bronze-age grave – DutchNews.nl. DutchNews.nl. https://www.dutchnews.nl/2012/04/marijuana_traces_found_in_earl/
5. Hoefte, R. (1998). In place of slavery: A Social History of British Indian and Javanese Laborers in Suriname.
6. Slone, T. H. (2003). Prokem.
7. UNODC – Bulletin on Narcotics – 1953 Issue 3 – 011. (1953, January 1). United Nations : Office on Drugs and Crime. https://www.unodc.org/unodc/en/data-and-analysis/bulletin/bulletin_1953-01-01_3_page012.html
8. Ministerie van Volksgezondheid, Welzijn en Sport. (2021, September 14). Foreign patients and businesses. Import and Export | the Office of Medicinal Cannabis. https://english.cannabisbureau.nl/import-and-export/foreign-patients-and-businesses
9. Netherlands: An overview of the Dutch hemp market. (2020, May 18). USDA Foreign Agricultural Service. https://www.fas.usda.gov/data/netherlands-overview-dutch-hemp-market

Renowned for its cultural sophistication, one might assume that French culture would warmly welcome cannabis. Just the contrary is true, though — today, France remains one of the few European nations with essentially zero medical or adult-use cannabis infrastructure, putting on an initially intimidating face for prospective cannabinoid entrepreneurs.

Just appraising France’s hardened exterior position on cannabis, however, would overlook its surprising acceptance of CBD. It’s unclear when, if ever, France will follow the rest of Europe’s lead on cannabis law. In the meantime, selling cannabinoid products in France certainly isn’t impossible even if the process presents unique challenges.

Are cannabinoids legal in France?

Some cannabinoids are legal for sale in France, but only by a hair’s breadth. CBD only became legal in France in 2021¹, for instance, by a court ruling that determined existing bans on CBD products were unconstitutional. This same ruling, though, determined that flowers of the hemp or cannabis plant containing CBD were still illegal, a ruling that was itself overturned two years later².

In summation, France has largely been forced to make certain legal concessions for the sale of CBD by pressure from its citizenry. After the dust cleared from a spate of overturned CBD rulings, it became clear that CBD products containing less than 0.3% THC are legal in France. The nation has not made any concessions for other cannabinoids, however, and THC remains strictly illegal in France except by specific government authorization.

History of cannabis in France

In 2015, archaeologist Hervé Delhoofs discovered a vase³ within the burial site of an ancient Gallic woman who died at around age 30 in the 2nd century BC. Further investigations found that the vase had been used to house wine infused with Cannabis sativa.

This isn’t the only evidence that the Galls and related peoples of ancient Europe used cannabis in the distant past, but it’s compelling on its own. It appears that cannabis was a component of most religious and healing rituals of ancient Europeans with knowledge of its medicinal properties decreasing rather than growing over the centuries.

By the year 1800, Napoleon’s French found cannabis to be so disruptive that it was banned throughout occupied Egypt⁴, where French troops had seized upon the intoxicating properties of hashish in a culture where alcohol was religiously banned. Nonetheless, cannabis found its way back to France, where it played a pivotal role in the nation’s arts and culture of the mid-1800s.

Most famously, the use of cannabis amongst the literati in Paris led to the rise of the Club du Hashischins, whose members included Charles Baudelaire, Victor Hugo, and Alexandre Dumas among others. Baudelaire became notable for his poetic description of the hashish experience in Les paradis artificiels, considered a seminal piece of psychonaut literature to this day.

History of cannabis laws in France

Even in 1800s France, cannabis was firmly illegal with strict punitive measures put in place to disincentivize its sale and use. This uniquely anti-cannabis stance persisted throughout the 20th century with France being one of the key signatories of the 1953 Geneva Convention on drugs⁵, considered to be one of the first international anti-drug policies.

In 1991, controversy erupted as a non-governmental organization was denied importation of cannabis into France for administration to 10 terminally ill patients. In its defense, the court issuing the order referenced France’s adherence to the 1961 UN Single Convention on Narcotic Drugs⁶, which made imports of cannabis products illegal.

France is unusual in its strictness in following this Single Convention, however, with many other signatories allowing medical cannabis programs. The only reasonable conclusion to draw is that France remains uniquely held back by its anti-cannabis stigma, a stigma over two centuries in the making.

Which cannabinoids are legal in France?

As it stands, the only legal cannabinoid in France is CBD. It wasn’t until 2013⁷ that France allowed the processing of cannabis into strictly medical products, which could be acquired with a doctor’s prescription only when all other available prescription treatments failed. Five years later, France announced it was launching a full inquiry⁸ into the potential medicinal benefits of cannabis, which would involve volunteer patients with various conditions.

The inception of this cannabis “medical experimentation” was delayed until 2021, and reports indicate that some French citizens with epilepsy, neuropathic pain, and cancer have now received cannabis therapy. This highly limited, experimental program remains the only state-authorized form of THC cannabis commerce in France.

Is CBD legal in France?

Yes, French courts have been forced to admit that CBD products containing under 0.3% THC are admissible under both French and EU law⁹. As a result, products containing CBD but no more than 0.3% THC are now allowed for sale in France, opening up the French CBD market like never before.

Is CBG legal in France?

It does not appear that France’s good graces with CBD extend to similar compounds. It was necessary to impose immense pressure against the French court system to even allow CBD commerce, meaning that selling cannabinoids like CBG in France could still be many years away.

Is THC legal in France?

No, THC is largely illegal in France with the only exceptions being made for terminally or chronically ill patients who did not experience improvements with mainline treatments. As a result, France maintains a highly cautious approach to its THC laws, a stance that is beginning to be revisited and discussed publicly in order to align with the evolving perspectives in Europe.

Does France have adult-use cannabis?

No, adult-use or recreational cannabis is not legal in France. The nation has not even decriminalized small quantities of cannabis, a measure that many European nations have taken as a way of side-stepping comprehensive cannabinoid reform.

As a result, possession of even small amounts of cannabis in France could lead to arrests, fines, or even prison times. It is highly recommended that you do not possess or travel with THC-rich cannabis in France.

Can you import cannabinoids into France?

Importation of CBD products into France is possible, though a greater number of restrictions face entrepreneurs who would do so compared to other EU nations. The French judicial system has only begrudgingly admitted that CBD products are not marijuana, after all, and the overall position of the French government remains remarkably hostile against cannabinoids of all kinds.

Those seeking to import cannabinoids into France are strongly cautioned to work with a distributor that already operates within the EU or EEA. The French legal case that led to the legalization of CBD specified that only CBD products made in EEA countries are strictly legal, raising potential issues with the import of American CBD.

When offered in bulk, there’s usually nothing about CBD itself that indicates its nation of origin. Paperwork and packaging will say otherwise, though, underscoring the importance of working with a cannabinoid producer with operations in the European Economic Area.

Are there cannabinoid manufacturers in France?

No, there are not very many cannabinoid producers in France, and those that exist make medical cannabis products for the French government. Processing hemp into CBD extracts remains illegal in France, a fact that is quite ironic given the nation’s position on Cannabis sativa within the context of agriculture.

Summary: Is France ready for cannabinoids?

Stricken by continual riots and a refugee crisis over the last decade, it’s a small wonder that France has not remained abreast of the latest developments in the fineries of cannabinoid law. It seems that the French will continue to endure a lack of access to cannabinoid products for the foreseeable future, as their government shows no signs of expanding hemp commerce beyond CBD.

If CBD is the cannabinoid you want to offer to France, you happen to be in luck. The nation now accepts CBD imports as long as they are made in an EEA country. Other cannabinoids like CBG, though, may draw undue attention from French authorities despite their similarly non-psychoactive properties.

As CBD becomes more popular in France, it’s inevitable that the hearts of citizens and even bureaucrats will be softened to the benefits of cannabis, a plant with which the French have a unique history. Long-gone, though, are the socially disruptive hashish cafes of Baudelaire and Dumas — cannabis is becoming an everyday item for the rest of the world, and France will eventually follow suit.

Sources

1. Reuters. (2021, June 23). French court overturns ruling saying sale of cannabidiol is illegal. Reuters. https://www.reuters.com/world/europe/french-court-overturns-ruling-saying-sale-cannabidiol-is-illegal-2021-06-23/
2. Sabaghi, D. (2023, January 5). France’s Court Overturns Government Ban On Sale Of CBD Flowers. Forbes. https://www.forbes.com/sites/dariosabaghi/2023/01/05/frances-court-overturns-government-ban-on-sale-of-cbd-flowers/?sh=7318ba3444c1
3. Bennett, C. (2020). The Cannabis infused Wine of Dionysus? www.academia.edu. https://www.academia.edu/44689568/The_Cannabis_infused_Wine_of_Dionysus
4. Booth, M. (2015). Cannabis: A History. Macmillan.
5. UNODC – Bulletin on Narcotics – 1953 Issue 3 – 011. (1953, January 1). United Nations : Office on Drugs and Crime. https://www.unodc.org/unodc/en/data-and-analysis/bulletin/bulletin_1953-01-01_3_page012.html
6. SINGLE CONVENTION ON NARCOTIC DRUGS, 1961. (n.d.). United Nations. https://www.unodc.org/pdf/convention_1961_en.pdf
7. TÖRnkvist, A. (2013, June 10). French law on pot-based medicine takes effect. The Local France. https://www.thelocal.fr/20130610/legalized-cannabis-tea-could-be-on-drug-menu-for-french-patients-in-pharmacies
8. Jean-Luc MOUNIER. (2019, June 2). France to launch medical cannabis experiment in coming weeks. France 24. https://www.france24.com/en/20190602-france-launch-medical-cannabis-experiment-authier
9. Sabaghi, D. (2021, December 14). European Union Increases THC Level For Industrial Hemp. Why Does It Matter? Forbes. https://www.forbes.com/sites/dariosabaghi/2021/12/14/european-union-increases-thc-level-for-industrial-hemp-why-does-it-matter

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Formerly the core of the vast Middle-Ages nation of Bavaria, Austria is still considered by some to be the ancestral homeland of Bavarian culture, renowned for its comprehensive grasp of science and the arts. Both the modern-day Germans and Austrians owe their culture to the Bavarians and their ancestors, who have used cannabis for thousands of years¹.

Modern-day Austria has gotten out of touch with its roots in cannabis in some ways, but it was also one of the first European nations to ease its cannabis laws. How has Austria’s unique stance on cannabis affected its presence in the international cannabinoid market? We’ll delve into all the relevant complexities over the course of this comprehensive guide.

Are cannabinoids legal in Austria?

³In regards to CBD and other hemp cannabinoids, Austria generally follows European Union guidelines, which were recently updated to increase the allowable amount of THC² in hemp products from 0.2% to 0.3%. The EU has not yet ruled on other CBD-adjacent cannabinoids like CBG and CBN, leading to these substances receiving the same general treatment as CBD in Austria and elsewhere.

As far as THC goes, Austria decriminalized the possession of up to 20 grams of cannabis in 2016³. As a result, overall positions on cannabis in Austria are remarkably lax, but giving any impression that you are supplying large amounts of cannabinoids could draw attention since the nation has hardly any medical or adult-use cannabis infrastructure.

History of cannabis in Austria

Over the course of history, the borders of Europe have been redrawn so many times that modern national affiliations should only be viewed in the context of relatively recent events. Considered the center of Bavaria since the Middle Ages, Austria was politically dominated by the Hapsburg house, and it massively influenced World War I as the head of the Austro-Hungarian Empire.

Throughout all this upheaval, the people of Austria have remained largely indistinguishable from Germans in regard to ethnicity and culture. As a result, most statements true of German culture are also true of Austrian culture, such as the fondness both peoples share for cannabis.

The wider German cultural sphere has held cannabis in high esteem as both a medicament and intoxicant for centuries⁴ with cannabis cultivation comprising a significant portion of Austrian-German agricultural practices since time immemorial. Cannabis remained widely cultivated in Austria until the passage of the 1961 UN Single Convention on Narcotic Drugs⁵. From that point forward, the majority of European states began implementing measures to restrict the cultivation and commerce of cannabis, which was at that point defined as any derivative of the plant.

History of cannabis laws in Austria

Since 1961, Austria has generally treated cannabinoids as illegal substances. Toeing the line between the Allies and the Soviets during the Cold War, Austria did not take any steps to liberalize their cannabis policies until 2008 when the nation authorized cannabis to be cultivated for research purposes⁶ for the first time in decades.

In the intervening years, cannabis laws in Austria have become progressively more liberal. Possession of up to 20 grams of cannabis is decriminalized, for instance, which is a quantity much larger than the average medical or recreational user will ever possess at a time.

As of 2016, cannabis is essentially legal in Austria, though felony offenses are still reserved for trafficking offenses. In essence, Austrian authorities no longer care if citizens use cannabis, but they do want to control the flow of large quantities of cannabinoids in and out of the country.

Which cannabinoids are legal in Austria?

For the most part, cannabinoid laws in Austria do not differ from the overall EU position, with Austrian positions on THC products being the main exception. The fact that Austria generally allows possession of quite high volumes of THC-rich cannabis essentially makes law enforcement in that area defunct.

Even the use of THC-alternative cannabinoids like THCA and delta 8 is unlikely to draw the attention of Austrian authorities. They’ll be more concerned about how these products entered Austria, which can be something of a touchy subject.

As long as your cannabinoid business is above-board and you’ve achieved all the proper authorization to sell your products in Austria, you are unlikely to encounter any issues. Just keep in mind that Austria is a “decriminalization” country, which makes the tenor of cannabinoid laws and policies different from nations in which cannabis has been legalized for medical or adult-use purposes.

Is CBD legal in Austria?

Yes, CBD should generally be considered legal for use in Austria both due to the EU position on CBD and Austria’s overall decriminalization of cannabis. It doesn’t matter if the cannabis in question contains CBD instead of THC — for consumer possession purposes, all forms of cannabis are beneath the attention of the law in Austria as long as they are possessed in quantities under 20 grams.

For the purposes of import and mass-market sale, the most important qualifier is that CBD products processed through Austrian customs contain less than 0.3% THC. Despite decriminalization, THC is not outright “legal” in Austria, and Austrian authorities defer to the EU position on allowable THC concentrations in hemp products.

Is CBG legal in Austria?

The Austrian government does not make special concessions for any cannabinoid, including CBG. As a result, the only import requirement for hemp products containing CBG is that they contain less than 0.3% THC. Given the overall hands-off approach the Austrian government has taken toward non-THC cannabinoid products, it’s unlikely that CBD or CBG will be the subject of any further official attention until otherwise required by the larger European body.

Is THC legal in Austria?

As part of its overall push to research cannabis for medical purposes in 2008, the Austrian government also began a highly selective medical cannabis program. Receiving a medical marijuana prescription from the Austrian government is a lengthy and arduous process, however, and hardly any applicants are approved.

If approved, medical cannabis patients in Austria must abide by a framework of rules so abstruse that the black market has continued to thrive unabated. Or, perhaps we should say “gray market” since possession of even distribution quantities of cannabis (remember that an ounce is only 28 grams) is entirely permissible under Austrian decriminalization law.

Does Austria have adult-use cannabis?

Austria does not have an adult-use cannabis system, and the nation does not appear to have any plans to instate one soon. Austria has filled the gap other nations have filled using a recreational cannabis system with their own decriminalization laws, which do little to stop illegal drug trafficking but at least prevent unreasonable arrests of Austrian citizens for cannabis possession.

Can you import cannabinoids into Austria?

Yes, imports of cannabinoid products into Austria are generally permitted as long as the products in question adhere to all other Austrian and EU import guidelines and contain less than 0.3% THC. Austrian authorities are unlikely to raise alarm about cannabinoid products if they are produced by a professional lab and accompanied by thorough lab reports.

Are there cannabinoid manufacturers in Austria?

The Austrian government has operated a minuscule medical cannabis research operation since 2008, but otherwise, cannabis and hemp cultivators and processors in Austria are few and far between. The Austrian CBD market is already largely serviced by foreign entities, but often at the cost of quality and dependability.

Working with an established manufacturer in the European Economic Area (EEA) is an immense advantage when approaching the Austrian market. Not only does it make this populous European nation easier to reach, but it also positions you to enter more than two dozen other national markets.

Austria: A land of unexpected cannabinoid opportunity

In the postwar period, Austria has largely receded from the political spotlight, which seems to have treated the nation well. It still has a long way to go, but at least the Austrian policy on cannabis is humane and thoughtful. No longer are innocent victims locked in Austrian prisons for the “crime” of using or possessing personal quantities of cannabis.

An increased presence of CBD products in the Austrian market would further demonstrate the harmlessness of cannabis, perhaps inspiring lawmakers to fully regulate an industry that currently still operates mostly under the table. Displaying the economic virtues of CBD commerce in Austria would illustrate the taxation opportunities present in a regulated cannabis economy, which could be the impetus the Austrian government needs to take the next steps.

For cannabinoid companies, the Austrian economy is certainly approachable if still a little bit clunky. In the United States, we’ve witnessed firsthand how cannabinoids can be powerful drivers for economic change, a reality that, if properly demonstrated, could inspire the Austrian cannabinoid industry to blossom.

Sources

1. Google Books. (n.d.). https://www.google.com/books/edition/Marijuana_Medicine/o_dKbMFRSzUC?hl=en&gbpv=1&dq=the+Healing+and+Visionary+Powers+of+Cannabis&printsec=frontcover

2. Posch, M. (2015, November 13). „Legalisierung light“: Cannabis in Kleinstmengen quasi straffrei. SALZBURG24. https://www.salzburg24.at/news/salzburg/grenznah/legalisierung-light-cannabis-in-kleinstmengen-quasi-straffrei-49325959

3. COMMISSION REGULATION (EU) 2022/1393. (n.d.). EU. https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022R1393

4. Grotenhermen, F. (2002). The Medical use of Cannabis in Germany. Journal of Drug Issues, 32(2), 607–634. https://doi.org/10.1177/002204260203200218

5. SINGLE CONVENTION ON NARCOTIC DRUGS, 1961. (n.d.). United Nations. https://www.unodc.org/pdf/convention_1961_en.pdf

6. AFP: Austria allows cannabis for medical purposes. (n.d.). https://web.archive.org/web/20080905104155/http://afp.google.com/article/ALeqM5gMXaMnzKEu6FxfDVlCHd4xMcmEbg#