By Luke Sumpter


Cannabis has a long and controversial history. Its psychoactive nature has led to bouts of prohibition and many legal battles. But now, many governments around the world are releasing restrictions on the herb.

So, where does CBD fit into the picture? As a non-psychoactive cannabinoid, it makes logical sense that products such as CBD oil should be freely available everywhere.

Unfortunately, the legal status of CBD oil remains complex and changes drastically from country to country. A lot of red tape surrounds CBD products, and regulations in many nations require manufacturers to stay below certain THC thresholds.

Explore the legal situation of CBD in some of the major European countries below, as well as the North American nations.

CBD Friendliness

Yes and no. Before January 2019, customers could purchase a wide variety of CBD products. However, the Novel Food Regulation caused some drastic changes in the legal status of CBD in Spain.

The EU Novel Food Catalogue[1] defines novel food as any food that hasn’t been significantly consumed by Europeans before May 15th, 1997. Companies that sell items within the catalogue, including CBD oil, face restrictions when it comes to marketing.

EU member states aren’t forced to abide by the Novel Food Regulation, but can freely choose to adopt. The Spanish government decided to implement this guidance, which resulted in hard-hitting restrictions across the CBD market.

The Spanish Agency for Food Security and Nutrition (AECOSAN) and the Ministry of Health demanded that all companies cease the sale and marketing of CBD products for human consumption. AECOSAN has also prohibited the use of online sales of products marketed as “health foods”.

Suddenly, companies had to remove all ingestible CBD products from Spanish shelves, including CBD oils, capsules, tinctures, and other supplements.

However, companies in Spain can market their products for “external use”, so CBD cosmetics and topicals remain available CBD products in the country. Those interested in CBD cosmetics can purchase them over the counter in health shops and online outlets.

Although Spanish citizens can’t purchase CBD oil from their favourite suppliers, they can grow cannabis at home. Adults can cultivate plants, including high-CBD varieties, in private spaces. And those who don’t want to grow can also purchase buds at registered cannabis clubs in cities such as Barcelona, Madrid, and Valencia.

The commercial cultivation of hemp remains legal in Spain, considering that farmers sow EU-certified varieties with less than 0.2% THC, and only for fibre and seed production. For farmers to grow hemp for CBD extraction, they must obtain a licence from the Spanish Agency for Medicines and Health Products (AEMPS).

Is CBD Oil Legal in Spain?

CBD Friendliness

France also has a muddled relationship with CBD. Regulations in the country state that hemp-derived products should maintain THC quantities of 0%. However, the Interministerial Mission Against Drugs and Addictive Behaviour (MILDECA) permit CBD products with a THC content of 0.2% or less.

This seemingly bizarre and confusing grey area has led to several legal cases and some striking headlines. In one instance, two entrepreneurs from Marseille were handed suspended jail time and a €10,000 fine for selling CBD-based e-cigarettes.

Their products contained less than 0.2% THC. However, they imported products from the Czech Republic extracted from flowers and leaves. Because French law only allows CBD extracted from seeds and fibres, the correctional court in Marseille found them guilty.

However, the European Court of Justice later ruled the French ban on CBD as illegal. The court stated, by banning the marketing of hemp-derived CBD products, the French court contradicted EU law on the movement of goods. The court also added that the UN conventions regarding illegal drugs do not mention CBD.

For now, French citizens can purchase CBD oil and other products, so long as they derive from hemp plants that contain no more than 0.2% CBD. These products are available from many online outlets and health shops. Yet the laws still remain confusing and frustrating.

Companies can market CBD products, as long as they stay within these boundaries[2]:

  • Do not claim therapeutic benefits, unless authorised by the National Agency for the Safety of Medicines and Health Products
  • Advertisements should not confuse CBD with cannabis or promote cannabis

In early 2021, the French National Assembly published its “Well-being Hemp”[3] report that seeks to clarify and improve regulations surrounding the plant. The document put across a total of 20 proposals, including:

  • Use all parts of the hemp plant for industrial and commercial purposes, including the flowers
  • Define a threshold between 0.6% and 1% of THC in authorised French hemp crops
  • Renounce maintaining the threshold of 0% THC in finished products including liquids, cosmetics, and foods
CBD Friendliness

The Netherlands has gained a reputation as the cannabis hot spot in Europe. Millions of tourists visit the capital every year to sample the flowers and edibles available in the world-famous coffeeshops.

Despite what seems like a lenient attitude, cannabis remains illegal. Coffee shops are allowed to sell small amounts of soft drugs such as cannabis, but the sale and possession of all drugs remain outlawed[4].

So, where does CBD fit into the picture? Even though you can stroll into a coffee shop and purchase a fat joint, CBD shares similar restrictions to other European nations.

CBD oil autumns under the Opium Act in the country and remains illegal under this legislation[5] because:

  • CBD oil complies with the definition of hemp-oil
  • It contains trace levels of THC

However, the Opium Act also protects CBD from the rules of the EU Novel Food regulation. Therefore, companies can market and sell CBD oil, as long as they stay within these rules:

  • CBD oils do not contain more than 0.05% THC
  • CBD oil derives from EU permitted industrial hemp strains
  • Marketing material contains no medical claims
  • No health claims
  • A maximum daily dose recommendation of 160 mg of CBD

If you’re shopping for CBD oil in the Netherlands, you’ll find many options available in cannabis-themed head shops, coffee shops, and health and supplement shops.

CBD Friendliness

Germany boasts slightly more simple and relaxed CBD laws. Citizens can purchase a wide array of CBD products from health shops. These outlets sell oils, capsules, topicals, cosmetics, and other CBD-based preparations.

German citizens can also buy CBD perfectly legally from a range of online shops. However, all of the legal CBD products in Germany must clock in at a THC content of less than 0.2%.

However, like Spain, Germany also invited the changes instigated by the Novel Food Regulation. As well as changing the way companies can market CBD, the German government has also banned the sale of CBD edibles.

This friendlier approach to CBD comes as no real surprise. Germany nudged cannabis closer to legalisation in Europe during March 2017, when the government passed legislation that gave the green light for doctors to prescribe cannabis-based drugs, including cannabis flowers, extracts, and individual cannabinoids.

CBD Friendliness

If you thought we passed all of the countries with dodgy CBD laws, you were wrong! Italians can shop for CBD, but the country has some of the most confusing CBD laws on the continent.

If you’re looking to buy CBD oil in Italy, rest assured that you can access it. However, a legal grey area does surround CBD products. Although the country allows triple the THC content of its European neighbours (0.06%), many companies opt to remain below 0.2% to avoid any trouble with the authorities.

The Italian government currently have no proper regulation surrounding CBD. The cannabinoid doesn’t appear on the official table of drugs. Therefore, the rules that govern medical products that contain psychoactive substances, such as THC, do not apply to CBD.

When it comes to food and food supplements, CBD also faces restrictions imposed by the Novel Food Regulation. On these grounds, companies in Italy cannot use CBD as an ingredient in food supplements.

Is CBD Oil Legal in Italy?

Manufacturers are also banned from using naturally-derived CBD from hemp flowers. Instead, they are allowed to incorporate CBD derived from hemp seeds and leaves, and synthetic versions of the cannabinoid.

Before 2019, Italy boasted a booming “cannabis light” market. These low-THC products included oils, leaves, and flowers, and businesses started selling them after discovering a loophole in the 2016 legislation[6] that legalised the cultivation of hemp.

However, all of this newfound freedom quickly came to an end when the Supreme Court of Cassation called for the immediate removal of these products from the shelves.

Italy also came dangerously close to tanking its own CBD market in 2020, a perfect example of just how volatile things are with the cannabinoid in Europe. On October 15th, 2020, the Ministry of Health published a decree that ordered the inclusion of CBD on the table of narcotics.

If passed, the legislation would have led to regulations that ban the free sale of all CBD containing extracts and oils. However, officials suspended the decree on October 28th, 2020, stating that the decision requires further scientific evidence.

CBD Friendliness

Those living in the United Kingdom can easily access CBD oil in supplement shops, pharmacies and a host of different websites. Like other European nations, CBD products in the UK are subject to a maximum THC limit of 0.2%.

Many high street products remain untested and contain THC levels over the legal limit. Citizens are advised to only purchase CBD products from trusted websites, pharmacies, and shops to avoid any complications.

Companies in the UK can sell CBD products as either food supplements or medicines. The Medicines and Healthcare products Regulatory Agency in the country views CBD used for medicinal purposes as a legitimate medicine.

To sell CBD in this context, companies must obtain a licence that ensures certain safety, quality, and efficacy standards.

CBD Friendliness

After decriminalising all drugs in 2001, Portugal gained notoriety on the world stage for its lenient laws. It makes logical sense that Portugal would also hold a liberal view when it comes to CBD. But this isn’t the case.

CBD laws in Portugal are murky at best. Currently, citizens can only access CBD as prescription medicine in the form of Sativex, a blend of THC and CBD. However, patients can only secure a prescription if they experience the following medical conditions:

  • Multiple sclerosis spasticity
  • Nausea and vomiting resulting from chemotherapy or therapy for HIV and hepatitis C
  • Loss of appetite caused by cancer or AIDS
  • Chronic pain
  • Tourette syndrome
  • Glaucoma
  • Epilepsy

Before 2018, Portuguese citizens could easily purchase CBD products over the counter as a food supplement. But legal changes during this year, caused by the EU’s Novel Food Regulation, led the government to ban sales of the cannabinoid.

Furthermore, companies and individuals can only import CBD if they possess an importation certificate from the National Authority for Medicines and Health Products. Despite these restrictions, many people in the country still purchase and use CBD outside of the prescription model. The relaxed drugs laws mean ordering CBD online rarely results in prosecution.

CBD Friendliness

If you live in Poland, you probably find it extremely easy to access CBD. The country proudly holds one of the most liberal CBD policies in the world. Poland’s booming CBD industry works effectively alongside its hemp cultivation efforts, which exploded by almost 80% back in 2018.

The country also took a much more lenient approach following the introduction of the Novel Food Regulation. Unlike a lot of other countries, they refused to ban CBD edibles and beverages. These products include tasty gummies that customers can find both in shops and online.

As long as CBD products stay under the standard 0.2% concentration, companies are free to innovate in ways not possible within other European markets.

Is CBD Oil Legal in Poland?

CBD Friendliness

Switzerland stands next to Poland as one of the most progressive European countries when it comes to CBD laws. Swiss customers can enter health shops and designated CBD outlets to purchase supplements, cosmetics, and even CBD cigarettes. You’ll even find some of these items in petrol stations, convenience shops, and markets.

However, there are a few rules that companies and customers need to abide by:

  • Companies cannot make medical claims when advertising
  • Customers must be at least 18 years old to purchase any CBD products

Switzerland also boasts incredibly relaxed cultivation laws. Growers don’t need a licence, meaning anyone can grow their own hemp plants at home. Additionally, these plants can legally contain anywhere up to 1% THC, a much higher content than the 0.2% seen throughout the rest of Europe.

Citizens are also able to bring their own homegrown flowers to the local market, so long as they adhere to the legal requirements.

CBD Friendliness

If you ever visit Prague, it probably won’t take long before you stumble across a hemp shop, CBD club, or seed shops that sell CBD-infused goods.

Czech citizens (and visiting tourists) can easily access CBD products all across the country. You can buy a range of oils, capsules, and other preparations legally. These items must possess a maximum THC content of 0.3%.

These relaxed laws autumn in line with the country’s approach to cannabis in general. Although they have a strict approach to recreational cannabis, the Czech government allows medical users to grow weed once they obtain a licence.

Is CBD Oil Legal in Czech Republic?

CBD Friendliness

Although legal in all 50 states, CBD laws remain rather confusing in the US. In 2018, President Donald Trump signed the Farm Bill that made hemp and hemp extracts federally legal.

This legislation made a legal distinction between hemp and marijuana. It defines marijuana—a schedule 1 drug—as containing over 0.3% THC. Anything below this threshold is regarded as hemp. The bill ultimately removed hemp extracts and CBD from the Controlled Substances Act[7].

CBD products derived from marijuana remain illegal, yet those made from hemp cultivated by licenced businesses are federally legal for commercial purposes. Customers can find a huge array of CBD products in US outlets, including oils, edibles, and even pet food.

Yet all of these products seem to fly in the face of Food and Drug Administration (FDA) regulation. The organisation expresses that companies can sell CBD, but marketing the product as a dietary supplement, food, or animal feed breaks the law[8].

CBD Friendliness

CBD oils are completely legal in Canada, and citizens can freely buy CBD products without a restriction. The country legalised both marijuana and hemp for medical and recreational use back in 2018. Although you won’t struggle to find shops that sell CBD in Canada, companies have to abide by strict regulations to make this possible.

The Cannabis Act[9] lays down the rules and regulations that govern CBD in Canada. It remains a controlled substance, and cultivators looking to grow high-CBD cannabis must acquire a federal licence and follow the Cannabis Regulations. Regardless, the CBD market in Canada continues to expand.

Hemp farmers that cultivate plants with a THC content below 0.3% also need a licence under the Industrial Hemp Regulations.

Selling CBD products also requires authorisation. The only outlets allowed to trade CBD products are:

  • Provincially or territorially-authorised cannabis retailers
  • Federally-licenced sellers of cannabis for medical purposes

Canada’s CBD market also functions in isolation. You won’t find any popular European or American brands on the shelves there. CBD products are only imported in very rare circumstances mostly relating to scientific research.

External Resources:
  1. Novel food catalogue https://ec.europa.eu
  2. Cannabidiol (CBD) le point sur la législation | Mildeca https://www.drogues.gouv.fr
  3. ASSEMBLÉE NATIONALE https://www2.assemblee-nationale.fr
  4. Am I committing a criminal offence if I possess, produce or deal in drugs? | Drugs | Government.nl https://www.government.nl
  5. Cannabinoïden Adviesbureau Nederland https://www.cannabinoidenadviesbureau.nl
  6. The impact of light cannabis liberalization on prescription drugs https://hempindustrydaily.com
  7. The Controlled Substances Act https://www.dea.gov
  8. FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol (CBD) | FDA https://www.fda.gov
  9. Cannabidiol (CBD), and industrial hemp - Canada.ca https://www.canada.ca
Disclaimer:
This content is for educational purposes only. The information provided is derived from research gathered from external sources.

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Privacy Policy - Royal Queen Seeds

To ensure a safe online environment and guarantee adequate data protection, we strictly comply with all legal requirements. In this privacy statement, we provide information about how and for what purpose data is collected, safety measures, storage periods and contact details.


COMPANY NAME: SNORKEL SPAIN, SL (hereinafter ROYAL QUEEN SEEDS)

C/ Vilar d'Abdelà, 5 (nave 1) CP: 08170 de Montornès del Vallès

+34 937 379 846

support@royalqueenseeds.com


The present Privacy Policy sets out the terms on which we will treat personal data at ROYAL QUEEN SEEDS; this includes any personal data collected through our website https://www.royalqueenseeds.com/ as well as any other data we process in the course of our business activities.

ROYAL QUEEN SEEDS collects the following personal data for the purposes listed below:

SECTION 1 – PERSONAL INFORMATION WE COLLECT

1.1 Account purchases

Account purchases can only be made if you are in possession of a personal account. When you create an account or purchase something from our shop, as part of the buying and selling process we collect the following personal information that you provide to us:

This information is required for delivery. In addition, when you browse our shop, we automatically receive the Internet Protocol (IP) address of your computer. Based on this information, we can optimise your online experience and at the same time protect our online environment.

Purpose of data collection

We collect and store account-related data for the following purposes:

(a) to carry out obligations arising from any contracts between you and us, and to provide you with information, products and services that you may request from us;

(b) to set up, manage and communicate with you about your account and your orders;

(c) to conduct market research and analysis;

(d) to confirm your age and identity, and to detect and prevent fraud.

1.2 Newsletters

With your explicit permission, we may send you newsletters about our shop, new products and other updates. We send newsletters based on your explicit consent. In the event that you purchase a product, and in accordance with current regulations, we may send you commercial communications in accordance with the legitimate interest of our company, always about products or services similar to those you have purchased or contracted. In any case, you may exercise your right of opposition through the channels announced in this Privacy Policy. The following information is collected in relation to the newsletter:

We do not need to know the sex of the person in order to send the newsletter (data minimisation: by law we must ask for data that is strictly necessary to provide the service, and in this case knowing the sex is not necessary to send the newsletter).

Purpose of data collection

The data collected is used to:

(a) personalise our emails, including your name and gender;

(b) provide gender-specific content.

You can withdraw your consent at any time by using the link provided in the newsletter or the contact information provided in section 2.

1.3 Customer service and contact form

In order to provide appropriate support, our customer service employees have access to information related to the account. Consequently, their support will be highly effective and friendly. The data provided in our contact form is used by our CRM provider, SuperOffice. We will only use your details to respond to your message.

SECTION 2 – LEGITIMATE INTEREST

If you have purchased any of our products, please note that we may process your personal data for promotional purposes, based on Royal Queen Seeds' legitimate interest only to offer you products or services from our company and about products or services similar to those you have purchased. You may exercise your right to opt out of future messages by the means set out in this Privacy Policy or through any notification you receive.

2.1 How do you withdraw consent?

If you change your mind, you can withdraw your consent for us to contact you for the purpose of collecting, using, or disclosing your data at any time by reaching out to us at: support@royalqueenseeds.com.

SECTION 3 – DISCLOSURE

We may disclose your personal information if we are required to do so by law or if you breach our Terms of Service.

SECTION 4 – HOW LONG DO WE KEEP YOUR DATA?

At Royal Queen Seeds, we will not retain your data for longer than is necessary for the purposes described in this Policy. Different retention periods apply for different types of data; however, the longest period we will normally hold any personal data is 10 years.

4.1 Account information

Data relating to the account remains relevant for as long as the consumer is in possession of an account. Therefore, the data remains documented for as long as the account exists. When our customers delete an account, the associated data will be deleted within a reasonable period of time. Requests regarding the inspection or correction of stored personal data or the deletion of an account can be sent to support@royalqueenseeds.com.

4.2 Newsletters

In the event that you give us your consent to inform you about our products or services, we will keep your data until you express your wish not to receive any further communications from us. However, we regularly (every month) carry out a relevance check. Registered customers (and their personal information) will be deleted whenever customers do not reply to our request. In addition, our newsletter mailing has an opt-out feature. Consumers can withdraw their consent by using this opt-out feature.

SECTION 5 – COOKIES

Cookies are small information files that notify your computer of previous interactions with our website. These cookies are stored on your hard drive, not on our website. Essentially, when you use our website, your computer displays its cookies to us, informing our site that you have visited before. This allows our website to function more quickly and remember aspects related to your previous visits (such as your username), making your experience more convenient. At Royal Queen Seeds, we use two types of cookies: functional and analytical.

5.1 Functional Cookies

Functional cookies are used to enhance your online experience. Among other things, these cookies track what is added to your shopping cart. The use of these cookies does not require prior authorization.

5.2 Analytical Cookies

Analytical cookies are used for research and market analysis. The data collected with these analytical cookies is anonymous, making it unusable for third parties. The use of these cookies does not require prior authorization.

SECTION 5 – THIRD-PARTY SERVICES

Third-party services are required to conduct transactions and provide our services. In general, the third-party providers we use will only collect, use and disclose your information to the extent necessary to enable them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies regarding the information we must provide to them for your transactions.

We encourage you to read the privacy policies of these providers so that you can understand how these providers will handle your personal information.

In particular, certain suppliers may be located or have facilities located in a different jurisdiction than yours or ours. Therefore, if you choose to proceed with a transaction involving the services of a third party, your information may be subject to the laws of the jurisdiction in which that service provider or its facilities are located.

Once you leave our website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or the Terms of Service of our website.

Web analytics service (anonymous data)

On this website we have integrated an element of a web analytics service (with anonymisation functionality). Web analytics can be defined as the gathering, processing and analysis of data about the behaviour of visitors to websites. An analytics service collects, among other things, data about which website a person came from (the so-called referrer), which sub-pages they visited or how often and for how long they visited a sub-page. Web analytics is mainly used for website optimisation and for a cost–benefit analysis of internet advertising.

Courier service

To complete deliveries we use a courier service. This courier service carries out the delivery between our company and the consumer's home. To complete these logistics, the company requires access to the consumer's name and address information.

Mailing service

Royal Queen Seeds uses a third-party mail service provider to send its newsletter. This provider has access to limited account information related to opt-in consent (e.g. email address).

Marketing services

Royal Queen Seeds has the support of a company that specialises in marketing and communication activities. Their access to personal information is very limited and mostly anonymous.

Payment services

At Royal Queen Seeds we use external payment services to handle our transactions (e.g. credit card payments).

SECTION 6 – SECURITY

To protect your personal information, we take reasonable precautions and follow industry standard best practices to ensure that it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored using AES-256 encryption. Although no method of transmission over the internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional industry standards that are commonly accepted. Information related to the account is protected with a hashing method. This method transforms the information into a generated hash. As a result, confidential information is protected and invisible, even to us. In addition, our databases are exceptionally protected against unauthorised access. For example, access to the database is only possible and permitted via approved IP addresses (e.g. from Royal Queen Seeds headquarters). Other attempts and addresses are rejected at all times.

Furthermore, data is anonymised as much as possible, so it cannot be directly linked to a specific consumer. With this data, however, we may be able to carry out market research and analysis. In addition, the third parties concerned (e.g. mailing service) are examined prior to our collaboration, comply with the GDPR from the EU and receive a processing agreement. Within Royal Queen Seeds, employees are assigned different access permissions. Specific permission provides access only to information that is strictly required to perform a task. Digital security measures are subject to change and must meet high requirements to ensure the safety of online customers. That is why, at Royal Queen Seeds, we appoint a security officer. Regular verification and improvement of security measures (where necessary) are part of the role.

SECTION 7 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time, so please check back regularly. Changes and clarifications will be effective immediately upon being published on the Website. If we make substantial changes to this policy, we will notify you here that it has been updated so you will know what information we collect, how we use it and under what circumstances, if any, we use and/or disclose it.

SECTION 8 – YOU HAVE THE RIGHT TO: