THC limits for CBD products across europe: a country-by-country overview

6 May 2026

For a reseller who buys once and sells across borders, the single most expensive misunderstanding in this industry is assuming that “legal in Europe” means one thing. It does not. There is no single European THC limit for CBD products. What exists is a patchwork of national rules, layered on top of an EU cultivation standard, and that patchwork has been shifting fast — including in two of the markets closest to many buyers, Italy and the Czech Republic.

This guide explains how the limits actually work, gives a country-by-country overview, and sets out the practical steps to ship compliantly. It is general business information, not legal advice; thresholds change, and you must verify the current rules in the specific market where you sell.

Key takeaways

There is no harmonised EU finished-product THC limit. The well-known 0.3% figure is an EU cultivation standard, not a ceiling for what you can sell.
Finished-product limits are set nationally and range widely — from around 0.05% in the Netherlands to 1.0% in Switzerland and the Czech Republic.
Italy’s status is actively contested: a 2025 decree restricted hemp flower and resin, but the measure is heavily litigated and has been referred to the EU Court of Justice.
How THC is measured matters: many rules and labs count total THC (including THCA after conversion), not just delta-9.
A product that is legal where it is made can still be seized at the destination border if it exceeds that country’s limit. Destination rules govern.

Why is there no single THC limit in Europe?

The figure most people quote — 0.3% — comes from the EU’s Common Agricultural Policy. Under the reformed CAP (Regulation (EU) 2021/2115), hemp grown from EU-catalogue varieties must contain no more than 0.3% THC to be eligible as agricultural hemp; this was raised from 0.2% on 1 January 2023. Crucially, that is a standard for cultivation in the field and variety eligibility — it says nothing definitive about the THC level permitted in a finished product on a shop shelf.

Finished products are governed by each member state’s own laws, which is why the picture fragments at the national level. On top of that sits the EU Novel Food framework (Regulation (EU) 2015/2283): CBD intended for ingestion (oils, edibles) is treated as a novel food, and to date no CBD product has secured full EU novel-food authorisation, which leaves ingestibles in a state of legal uncertainty across the bloc. (We cover that separately in our guide to Novel Food and CBD.)

The result: cultivation is broadly harmonised at 0.3%; everything downstream is national.

How is the limit actually measured?

Before comparing countries, understand what is being measured. Two distinctions decide whether a product passes or fails.

Delta-9 THC vs total THC. Some rules are written against delta-9-THC alone; others against total THC, which adds the THC that forms from THCA when heated (commonly calculated as THCA × 0.877 + delta-9-THC). A product can sit under a delta-9 limit and still exceed a total-THC limit.

Testing method. Gas chromatography (GC) heats the sample and effectively converts THCA into THC, so it captures total THC; high-performance liquid chromatography (HPLC) measures the cannabinoids separately. The same product can therefore return different “THC” figures depending on the method. This is why your Certificate of Analysis and the lab’s method matter as much as the headline number.

Country-by-country overview

The table below summarises the finished-product position in selected markets. Treat it as a starting point, not a substitute for checking the current national rule before you ship — several of these figures reflect national practice or guidance rather than a single clean statutory number, and they change.

Market	Indicative finished-product THC position	Notes
EU (cultivation baseline)	≤ 0.3% (field / variety)	CAP standard for agricultural hemp; not a finished-product ceiling
Italy	Contested — flower & resin restricted	2025 decree restricting inflorescences; heavily litigated, referred to the CJEU (see below)
France	≤ 0.3% (finished product)	Flowers and resins permitted since the 2022 Conseil d’État ruling; no therapeutic claims
Germany	~0.2% commonly enforced for retail; cultivation 0.3%	Ingestibles under Novel Food; a “no misuse for intoxication” test applies; CanG did not directly change CBD rules
Czech Republic	up to 1.0%	Industrial-hemp limit raised to 1%; new psychomodulatory-substances regime (see below)
Switzerland (non-EU)	≤ 1.0% (total THC)	Most permissive in the region; regulated by product category; no medicinal marketing
United Kingdom (non-EU)	< 1 mg controlled cannabinoids per container	A per-container limit, not a percentage; ingestibles must be on the FSA novel-food list
Austria	~0.3%	CBD restricted as a food supplement; cosmetics/teas more tolerated; Novel Food applies
Netherlands	~0.05%	Among the strictest finished-product positions in the region
Poland	≤ 0.2%	Sold as a food supplement; CBD removed from the narcotics list in 2021
Portugal	≤ 0.2%	Finished product
Spain	Restrictive — verify locally	CBD largely confined to cosmetics/topicals or export; ingestion for the domestic market is not authorised

The most important markets deserve a closer look.

Italy — a contested ban

Italy is the market to watch most carefully. The 2025 “security decree” (D.L. 48/2025 of 11 April 2025, converted into Law 80/2025 on 9 June 2025), through Article 18, sought to treat hemp inflorescences and their derivatives as controlled substances regardless of THC content, sharply narrowing the scope of the 2016 industrial-hemp law and effectively closing the “cannabis light” retail market.

That measure is far from settled. In November 2025 the Council of State suspended proceedings and referred the question of the ban’s legality to the EU Court of Justice, and several Italian courts have declined to apply Article 18 — in at least one line of reasoning, on the basis that the ban is a technical regulation that should have been notified to the European Commission and was not. Separately, oral CBD preparations were placed in a narcotics table by an administrative decision, a measure that has itself been subject to suspension. In short: as of mid-2026 the Italian position on flower and resin is unstable and litigated. Anyone selling into or sourcing from Italy should take current legal advice rather than rely on any snapshot, including this one.

Czech Republic — the 1% regime

At the opposite end, the Czech Republic has moved to one of Europe’s most permissive frameworks. The maximum THC for industrial hemp was raised from 0.3% to 1%, and cannabis extracts and tinctures containing no more than 1% THC were explicitly excluded from the definition of “addictive substances,” provided they meet general product-safety rules. This sits within a new “psychomodulatory substances” regime introduced in 2025, which brings low-THC cannabis (up to 1% THC), HHC and kratom under a licensed, strictly regulated system. Note that this is a domestic Czech framework with its own licensing and retail restrictions; it does not entitle a reseller in another country to sell 1% THC product there.

France — clear, with flowers permitted

France settled into relative clarity. Finished products must contain less than 0.3% THC (decree of 30 December 2021), and the sale of hemp flowers and leaves was confirmed lawful by the Conseil d’État (decision n°444887, 29 December 2022), which struck down the earlier flower ban as disproportionate. Products must come from EU-approved varieties, carry no therapeutic claims, and — for ingestibles — engage Novel Food rules. France has separately banned a range of semi-synthetic cannabinoids such as HHC.

Germany, Switzerland and the UK

In Germany, hemp cultivation follows the EU 0.3% standard, while finished consumer products are commonly held to a tighter line and ingestibles face both Novel Food and a “no misuse for intoxication” requirement; the 2024 cannabis reform (CanG) legalised limited adult-use cannabis but operates in parallel and did not directly rewrite CBD rules. Switzerland, outside the EU, permits up to 1.0% total THC in finished products and is the region’s most permissive market — but Swiss-legal product can exceed EU destination limits and be seized at the border. The UK, also outside the EU, uses a fundamentally different rule: less than 1 mg of controlled cannabinoids per container, regardless of size, with ingestible CBD additionally required to appear on the Food Standards Agency’s novel-food list.

A moving target: HHC and semi-synthetic cannabinoids

Separate from THC limits, a wave of national bans on HHC and related semi-synthetic cannabinoids (HHCP, THCP, H4CBD and others) swept across Europe through late 2025 and into 2026. If your assortment touches these “neo-cannabinoids,” treat them as a distinct and fast-changing compliance question, and check each destination market individually.

How to stay compliant when shipping across borders

The recurring trap is assuming origin legality travels with the product. It does not. Practical rules:

Destination governs. Comply with the THC rule of the country where the product is sold, not where it was made or shipped from.
Test every batch, against the right measure. Insist on a batch-specific COA from an accredited (ISO/IEC 17025) laboratory, and confirm whether the figure is delta-9 or total THC.
Mind the format. A full-spectrum oil that passes a percentage-by-weight limit in one country can blow past a per-container limit (e.g. the UK’s 1 mg) in another. You may need market-specific formulations or SKUs.
Check the product category, not just the cannabinoid. Ingestibles trigger Novel Food; flower and resin face their own national treatment; cosmetics follow cosmetic rules.
Label transparently and keep documentation with the shipment.
Re-check before each campaign. These rules change — what was compliant last quarter may not be now (Italy is the clearest example).

This is one piece of a wider compliance picture — see our guides to reading a Certificate of Analysis and to Novel Food and CBD, and the broader checklist for choosing a CBD wholesale supplier.

Working with Highness. Highness Distribution ships across Europe from its hub in Prague and works through dedicated sales agents who can help you match product to the rules of your specific market. Contact the Highness sales network to discuss what fits where you sell.

Frequently asked questions

Is there one THC limit for CBD across the EU?
No. The EU harmonises a 0.3% standard for hemp cultivation, but finished-product limits are set nationally and vary widely — from around 0.05% in the Netherlands to 1.0% in the Czech Republic.

What is the THC limit for CBD in Italy right now?
Italy’s position is contested. A 2025 decree restricted hemp flower and resin, but the measure is heavily litigated and has been referred to the EU Court of Justice, with some courts declining to apply it. Take current legal advice before relying on any figure.

Why can a product be legal in one country and illegal in another?
Because finished-product limits differ and destination rules govern. A Swiss product at up to 1% THC, or a full-spectrum oil that passes a percentage limit, can exceed another country’s threshold — including the UK’s per-container rule — and be seized.

What does “total THC” mean on a lab report?
Total THC combines delta-9-THC with the THC that would form from THCA when heated (commonly THCA × 0.877 + delta-9-THC). Some rules and testing methods count total THC, others only delta-9.

Does this guide count as legal advice?
No. It is general information that changes over time. Always verify the current rules in the specific market where you sell, and take professional advice where the stakes are high.

Sources

This overview draws on, among others: the European Commission (agricultural hemp / CAP, Regulation (EU) 2021/2115); the EU Novel Food Regulation (EU) 2015/2283; France’s décret of 30 December 2021 and the Conseil d’État decision n°444887 (2022); Italy’s D.L. 48/2025 / Law 80/2025 and subsequent court referrals; Czech legislation on industrial hemp and psychomodulatory substances (2024–2025); the UK Food Standards Agency and Home Office; and Swiss federal CBD/THC provisions. Figures reflect national practice and guidance as understood in mid-2026 and are subject to change.

About this guide: prepared for resellers and buyers shipping CBD products across European markets. Reviewed by Highness Distribution. This article is general business information and does not constitute legal advice; THC rules vary by country and change frequently, so always verify the current position in your own market and take professional advice where appropriate.