CBD (cannabidiol) regulations in Sweden
In a recent newsletter, Svensk Egenvård explains why CBD is currently illegal in Sweden:
Svensk Egenvård consists of suppliers of food supplements, herbal medicinal products, natural remedies, weight loss products and sports nutrition on the Swedish market. Their goal is to provide knowledge about self-care to consumers, media, authorities and elected officials. They also offer support and information to their members on common issues.
Svensk Egenvård is of the opinion that sales of CBD should be legal and sold on the open market. By following the current regulations, they have continuous conversations with Livsmedelsverket and Läkemedelsverket.
Unfortunately, as it stands today, sales of CBD oils in Sweden is illegal. Läkemedelsverket is of the opinion that CBD oils are a drug, meaning that products have to be approved as a pharmaceutical for sales in Sweden. There are currently two approved products on the Swedish market: Sativex och Epidyolex.
CBD is not a drug by function, but by name
There are two reasons products can qualify as pharmaceutical/drug. Either the product is a drug by function or by name. The Administrative Court has ruled that CBD is not a drug by function, but it is by name. This means that it is sufficient for the product to be attributed medicinal properties for it to be considered a drug. It does not have to appear in the marketing to be attributed to the medical effect. It is this interpretation that applies in Sweden now.
The European Court of Justice and the European Commission have ruled that CBD is not a narcotic. It is a step in the right direction, but the drug classification in Sweden still applies. The ruling in the European Court of Justice does not automatically mean that CBD oil should be regarded as a dietary supplement.
THC is covered by narcotic legislation
In addition to CBD, the plant Cannabis sativa contains many other substances, including tetrahydrocannabinol (THC). THC is covered by narcotic legislation.
The plant Cannabis sativa is a narcotic except for certain varieties of so-called industrial hemp. In Sweden, the Supreme Court has ruled that the exemption from drug legislation that exists for industrial hemp with a THC content below 0.2% does not apply to preparations. Natural CBD oil is usually produced from industrial hemp and the oil usually also contains THC. CBD oils that contain THC are therefore narcotics.
The following applies in Sweden:
- If the CBD oil contains THC, it is illegal to sell and illegal to possess.
- If the CBD oil does not contain THC, it is illegal to sell but legal to buy.
Novel food
The EU has decided that CBD is a so-called Novel Food. This means that CBD is a new food that needs formal approval to be sold. No approval has yet been issued. When this happens, several Member States will certainly change their national legislation.
The legislation is the same throughout the EU, but there are countries that have decided to make their own interpretations. Therefore, CBD oils are sold freely in some EU countries. Following the withdrawal from the EU, the United Kingdom has introduced its own national legislation enabling the sale of CBD products.
The message Svensk Egenvård receives from Swedish authorities is that they are awaiting any approved novel food applications. Svensk Egenvård will inform their member companies immediately when the conditions for selling CBD oil in Sweden change.
If you have questions or concerns about CBD, please contact [email protected]
