Will CBD be Controlled as a Narcotic?

Recommendation

15/16 November 2023

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It is currently intensively discussed how Cannabidiol (CBD) will be regulated in the EU in the future. In Germany, for example, CBD is placed on the market as a nutritional supplement. In Finland, though, CBD is considered a medicinal product. Or will it be treated in the EU as a narcotic again?

According to the 2019 WHO recommendation, CBD preparations should be completely removed from the Single Convention as long as the THC concentration does not exceed 0.2 percent.

CJEU classsifies CBD not as a narcotic

The CJEU concluded in November that a member state may not prohibit the marketing of CBD lawfully produced in another Member State when it is extracted from the Cannabis sativa plant in its entirety and not solely from its fibre and seeds.

The CJEU stated that "it should be recalled that the free movement of goods between Member States is a fundamental principle", and that CBD does not appear to have any psychotropic effect or any harmful effect on human health.

For further information please visit the CJEU Website.

In addition, the Commission on Narcotic Drugs (CND) of the UN will consider the WHO recommendation on cannabis and cannabis-related substances, and decided to vote at its reconvened sixty-third CND session from 2–4 December 2020, in order to preserve the integrity of the international scheduling system.