CBD and THC in Denmark - allowed or not?

Last update: October 30th, 2023

min. reading

Policies regarding hemp and CBD and THC products can vary widely from country to country, Denmark is an example of that. It is a country with some of the strictest regulations on CBD and hemp products in Europe. If you are traveling to Denmark and plan to do your hemp shopping there, be sure to familiarize yourself with the requirements there. When can you legally buy CBD products and where is the best place to do it? What is the question of buying hemp seed products? Find the answers to these and other questions in the article below.

Are CBD oils legal in Denmark?

The legal situation regarding CBD products in Denmark is quite complicated. Prior to 2018, CBD oils and other products containing CBD were only available by prescription. In July 2018, the Danish Ministry of Health amended the Executive Order on euphoric substances, legalizing cannabis products with up to 0.2% THC – the psychoactive substance. Thus, products like CBD oils, food products that contain them are completely legal and can be bought without a prescription through various distribution channels. However, according to the Danish Medicines Agency and the Danish Veterinary and Food Administration (DVFA), CBD is subject to several regulations, so it is impossible to say conclusively whether all CBD products containing less than 0.2% THC are legal.

First of all, manufacturers who want to produce and sell dietary supplements must obtain a permit from the DVFA, confirming that the product complies with dietary supplement regulations. Therefore, virtually all CBD products imported from abroad, even though they have less than 0.2% THC theoretically do not meet the DVFA requirement and are not allowed on the market. Also, some CBD preparations sold online on Danish websites, and even those sold stationary, that do not meet DVFA requirements may be illegal – even if they contain less than 0.2% THC. You can also still find many unregulated products on shelves and online, whose manufacturers do not comply with the Danish Medicines Agency, DVFA or novel food regulations. Prescription CBD preparations, on the other hand, are subject to strict controls when it comes to production and marketing. They fall under the provisions of the Danish Medicines Act or the provisions of the Hemp Treatment Pilot Program Act.

Hemp foods in Denmark – are there restrictions on sales?

The sale of hemp products made from hemp seeds, for example cold-pressed oil, protein or seeds, is subject to different regulations than those related to CBD-containing foods. According to Danish regulations, any food containing CBD will fall under Novel Food regulations. Since there are trace amounts of cannabinoids in the seeds, hemp foods in Denmark do not fall under these regulations. Industrial hemp cultivation has been legal in Denmark since 1998. Under EU and Danish law, the cultivation of industrial hemp is legal only if the THC content of the plant does not exceed 0.2%.

THC’s legal status in Denmark

According to the Danish Narcotic Substances Act, it is illegal to both grow, sell, buy and process cannabis in Denmark. On the other hand, use – consuming it for personal use – is not illegal. This paradox makes many people think they can possess cannabis for their own use with impunity. Nothing could be further from the truth. Since 2016, with the enactment of the Consolidated Controlled Substances Act, it has become illegal to possess marijuana in Denmark. In theory, you can use THC-rich cannabis if someone treats you with it, but by possessing it, you are breaking the law. Due to this inconsistency in the law, marijuana possession offenses are treated rather leniently. First-time offenders who are arrested with a small amount of marijuana are likely to receive a warning or a small fine of €70. In the case of cultivation for medical purposes, this is possible in Denmark, but only by selected entities. In 2021, the Danish government allowed a new law to make the cultivation and production of cannabis for medical purposes legal after obtaining a special license.

Medical Marijuana in Denmark

In 2018, the Danish Medicines Agency introduced medicines based on medical cannabis into Danish pharmacies. Medical marijuana is available by prescription, so are cannabinoid-based drugs. There are currently two registered cannabinoid/cannabidiol drugs in Denmark, Sativex and Epidiolex, as well as the drugs Marinol and Nabilone, which contain their synthetic equivalents. With the legalization of medical cannabis, a national medical cannabis program was also introduced, with 1,700 patients enrolled in the first year. That number then rose to 2,967 in 2019, and the program issued more than 1,800 prescriptions. However, in the last two years of the program, the number of applications has dropped dramatically, as obtaining actual medical cannabis in Denmark is difficult, and all cannabis-based medicines are now imported.

Sources:

• https://laegemiddelstyrelsen.dk/en/licensing/medicine-or-not/special-classifications/cannabis-containing-products/
• https://laegemiddelstyrelsen.dk/en/special/medicinal-cannabis-/questions-and-answers-on-medicinal-cannabis/