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THC in Europe
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3 min
Legislation regarding THC levels varies across the European Union, as is also the case for CBD derivatives . Sometimes strict, sometimes lenient, let's take a closer look to better understand our European neighbors and their regulations. The THC level determines whether cannabis is a legal or illegal substance derived from the cannabis plant (Cannabis sativa). The legal THC limit in France is 0.3% ; above this threshold, the plant or product is considered illegal and therefore punishable.
However, there are still many differences within the European Union, depending on whether you cross a border or not. Nine member states impose fines for possession of small quantities of drugs, while others impose prison sentences.
And recently, Luxembourg, a small European country, has pulled out all the stops, hoping to allow the authorization and cultivation of recreational cannabis by 2023, in order to limit trafficking and "not support the whole illegal chain, from production to sale, via transport, where there is a lot of suffering", according to the Luxembourg Minister of Justice.
What is the legal THC level in Europe?
Let's remember the key difference between cannabis used for recreational purposes and the THC level. THC, or tetrahydrocannabinol, is the molecule responsible for the main psychoactive effects of cannabis . It acts like the cannabinoids naturally produced by our bodies in certain parts of the brain associated with thinking, memory, pleasure, coordination, and time perception. THC binds to these receptors and activates them, thus creating effects on a person's memory, movements, thinking, concentration, coordination, and time perception.
One of these cannabinoids is CBD or cannabidiol, which acts in cooperation with THC, but is quite different. But there are many others, such as CBN (cannabinol) and CBG (cannabigerol).
CBD is a molecule naturally present in cannabis, discovered over seventy years ago and whose effects have been studied by scientists ever since. CBD is said to have a calming effect, reducing stress and improving sleep, while avoiding a psychotropic effect, unlike THC (tetrahydrocannabinol). In France, CBD is authorized for consumption with a THC content of 0.3%.
The most widespread rate of THC tolerance in the European Union is less than 0.2%.
- Austria and Luxembourg allow CBD products with a THC content of up to 0.3%.
- In Switzerland, CBD with a THC content of less than 1% is legal.
- CBD is illegal in Slovakia and Lithuania.
France authorizes products with CBD isolate (0.3% THC) but also tolerates raw flowers, genetics from the European catalogue, under 0.3% THC.
What about CBD legislation in Europe?
CBD is a molecule derived from hemp and also found in cannabis. But CBD is by no means an illicit substance, and does not create any addictive effects or psychotropic sensations. As with any molecule that acts on the body, it is necessary to take precautions and pay close attention to the dose consumed.
CBD has been permitted for sale since 2018. This constituent molecule of cannabis is subject to strict regulations: its THC level must not exceed 0.3%.
The European Court of Justice has ruled on the legality of CBD sales within the European Union. And as a supranational court, its ruling applies to all EU countries. As a result, France's wish to ban CBD has been rejected.
A number of countries have nevertheless decided to adjust the conditions for the commercial sale of CBD products by limiting the legal concentration to 0.3% or less. A higher concentration would be sufficient to classify the product as illegal and therefore considered a narcotic. France and Cyprus, among others, have implemented this adjustment.
What are the risks of THC possession?
If you are in possession of a product containing more than 0.2% THC and you are subject to a law enforcement check (saliva test), a fixed fine of €200 for drug use is the most common penalty (reduced to €150 if paid promptly, within 15 days). The fine is also entered in the criminal record. If you use cannabis THC while driving, the penalties are more severe, a direct consequence of the dangerous behavioral changes caused by tetrahydrocannabinol. Trafficking in cannabis THC is also heavily punished, with fines and prison sentences varying according to the nature of the structure and its size.
