CBD legal – Is cannabidiol legal in Germany and Europe?

Is CBD legal in Germany?

Yes – CBD is legal in Germany, provided certain conditions are met. Since CBD is not psychoactive, it is not subject to the Narcotics Act (BtMG), if it is derived from EU-certified industrial hemp and contains less than 0.2% THC. Nevertheless, it is prescription-only in Germany if it has a medical benefit - e.g., in medicine or medical devices.

Conditions for legality:

Products with higher THC content or unclear origin are considered not marketable and can be officially challenged.

Is CBD legal in Austria?

The situation in Austria is similar but slightly different:

• The THC limit for industrial hemp is 0.3%, which offers a somewhat larger scope.
• CBD in food products is not permitted when added in isolated form (Novel Food issue).
• CBD oils are allowed not as dietary supplements are marketed, but rather as Aroma products without dosage recommendation.
• Cosmetics and technical oils with CBD are generally allowed.
• CBD flowers are subject to the tobacco monopoly and are defined as herbal smoking products – a sale is only legally possible in tobacco shops.

A sale is legal if no health-related claims are made and the THC limit is complied with. The limit in foods is, as often incorrectly reported (with 3mg THC / kg for seeds, flours, or hemp protein powder and 7.5mg THC / kg hemp oil), many times lower than the limit for hemp flowers (0.3% THC).

What is Novel Food and how does it affect CBD?

The Novel Food Regulation (EU) concerns foods or ingredients that were not consumed to a significant extent in the EU before May 15, 1997. CBD is included – at least when it is added to a product in isolated or enriched form.

• CBD-containing foods (oils, capsules, etc.) require in the EU a approval as Novel Food.
• Without this approval, CBD products not as dietary supplements or food.
• Many manufacturers circumvent this by selling CBD oil as Aroma product or cosmetic declare.

Cosmetic products with CBD are exempt from the Novel Food Regulation not affected.

What role does the THC content play?

The THC content is the central factor for legal classification:

If the THC level exceeds these limits, the product is considered not marketable and possibly even as Narcotics.

Are CBD suppositories or intimate products legal?

Yes – if they are classified as cosmetics or medical devices are and meet all legal requirements. Especially CBD vaginal suppositories such as CANNEFF® VAG SUP are considered CE-certified medical device and are therefore approved and marketable in the EU - In Germany, medical devices containing the active ingredient CBD require a prescription.

Important is:

• Exact declaration
• Proven safe ingredients
• Compliance with the EU Cosmetics Regulation or Medical Device Directive

CBD in the intimate area is legal, provided the product form is not subject to the Medicines Act.

Is it allowed to buy CBD in the pharmacy?

Yes, CBD products are also available in pharmacies – in particular:

• Cosmetic CBD creams
• Medical devices such as suppositories
• CBD oils as aroma products or pharmacy-only formulations

Medicinal products based on CBD such as “Epidiolex” are subject to prescription requirements and may only on medical prescription are dispensed.

What rules apply to the online sale of CBD?

Online sales are legal if:

• The products not advertised as dietary supplements or medicines
• THC limits are observed
• A legally compliant declaration is present
• No health claims are made

The marketplace policies of Amazon, eBay, or Google Ads partly prohibit the sale or advertising – regardless of the national legal situation.

What are the consequences of violations against the CBD laws?

Possible consequences:

• Product recalls by authorities (e.g. BVL, AGES)
• Fines and injunctions
• Criminal consequences, if the THC content is exceeded

Consumers are at undeclared products legally not at risk, but dealers are.

Is CBD allowed in road traffic?

Yes, CBD is basically not a problem when driving, as it does not have psychoactive effects. However:

• CBD products with residual THC can lead to false-positive results cause
• drivers should only use products with certified THC levels below 0.2% use
• In case of doubt, resort to CBD isolates or THC-free suppositories and creams

Will the legal situation change in the future?

Yes, the legal situation is in flux:

• In Germany, the legalization of cannabis progressing – this could also strengthen CBD
• The EU is working on a central regulation for Novel Food approval
• The trend is towards more transparency, standardization, and quality assurance

Future-proof CBD products therefore rely on CE certification, laboratory analyses, and clear proof of origin – such as CANNEFF® SUP.