Neo-cannabinoids and legislation in European countries

If you keep up to date with what's new in the world of cannabinoids, you're bound to have heard of synthetic cannabinoids. H4CBN, H3CBN, THCV, HHCPO and the list goes on: these " neo-cannabinoids " mostly appeared after theHHC ban in France and more widely in Europe for their psychotropic and, above all, addictive properties.

But since banning a compound doesn't curb demand, and manufacturers are never short of imagination, HHC has been replaced by a whole list of new synthetic or semi-synthetic cannabinoids. Are they authorized everywhere in Europe, and for how long? Here's a look at the different European positions on these cannabinoids, and their future prospects.

A brief history of the synthetic cannabinoid trade in Europe

Contrary to popular belief, the marketing of synthetic cannabinoids in Europe is not so new. In fact, it predates the marketing of CBD in France. In fact, the UN body monitoring the emergence of new psychoactive substances, the UNODC, tells us that the first synthesis of a THC derivative marketed in the USA and "other countries" dates back to 1988[1], a molecule called HU-210.

After this first commercial synthesis, several other cannabinoids of varying degrees of complexity were created. Mixed or sprayed on different herbal blends, they became known as "Spice" Gold, Silver or Diamond, "K2", "Bliss", "Black Mamba"Bombay Blue", "Blaze", "Genie", "Zohai", "JWH-018, -073, -250", "Kronic", "Yucatan Fire", "Skunk", "Moon Rocks", "Mr. Smiley"...

These herbal blends enjoyed relative success from 2000 to 2010 in several European countries, notably Germany and Spain.
Until a study published in 2011 revealed the compound's toxicity. The study concluded that one of the cannabinoids in the blend "could cause seizures and tachyarrhythmia (irregular heartbeat)". What's more, a review of clinical reports from 2010 reveals that this blend causes the same dependence and withdrawal symptoms as cannabis.
And finally, a third analysis of the cannabinoids present in "spice" highlights "the increasing number of reports of suicides associated with previous use of these products".

Logically, in the wake of these studies, European countries that had not yet done so are now banning herbal blends based on synthetic cannabinoids. Nine of these countries have even passed legislation to this effect[1].

The advent of CBD and its derivatives

The ban on synthetic cannabinoids derived from THC was followed by the advent of CBD. Available on the net since 2000-2010, it was only after 2015 that CBD experienced real commercial development and acquired the renown that goes with it.
Nevertheless, CBD is not meeting the demand for recreational products with psychoactive and psychotropic effects. That's how CBD derivatives entered the scene and caught the public's attention.

Taking advantage of the legal uncertainties surrounding CBD and its derivatives, and more generally the legislation governing new chemical molecules, HHC has spread rapidly across Europe. Banned in 2023 in France and 4 other European countries, it has now been replaced by a whole host of new molecules, the list of which grew steadily until June 2024. Since that date, the derived molecules have been totally banned in France.

After the HHC ban: countries that could ban neo-cannabinoids

Austria, Belgium, Denmark, the UK and France have banned HHC. But when it comes to the more recent neo-cannabinoids, hhcpo, thcpo, thcv, thcp and other H4CBDs, it's hard to predict what position these states will take on them.

In accordance with the various laws in force, new molecules, whether sold in a pharmaceutical, food or cosmetics context, are authorized as long as they are not directly related to a molecule that has already been banned. At the same time, these new molecules are analyzed by competent authorities such as the ANSM. It is only following these analyses that these molecules are formally authorized or banned.

In the light of current events, some molecules, such as acetylated compounds (HHCPO, THCPO...) could be banned more quickly than others, due to the harmful effects linked to their consumption patterns.

But as always, it's far from certain that these molecules, once banned, won't be replaced by others, more or less toxic, which will also remain legal for a while before being banned or authorized.

What do other European countries have to say about neo-cannabinoids?

Switzerland says no to all synthetic cannabinoids

Faced with the resurgence of these "neo-cannabinoids" and the uncertainties surrounding their effects, Switzerland is taking a drastic stance: it is banning the production and sale of all derivatives on its soil.

A decision shared by the Swiss Cannabis Association, which concludes:

"Sensible regulation of cannabis forms the basis for the protection of young people and consumers, quality assurance, the fight against the black market and the sustainable development of the Swiss hemp industry."[2]

Germany, Italy, Spain... the status quo, until a ban?

Aside from Switzerland's stance, Germany, Italy, Spain and most other European countries often adopt a position on these neo-cannabinoids that is as vague as France's. Most of these countries have not banned HHC, and don't seem, for the moment, to be taking a position on other neo-cannabinoids.
Most of these countries have not banned HHC, and don't seem, for the time being, to be positioning themselves in relation to the other neo-cannabinoids.

With cannabinoid legislation often closer to the Swiss model than to the French, it could be that each of these countries will independently decide either to let the chips fall where they may, or to ban all neo-cannabinoids outright. Only time will tell!

In any case, keep checking our blog regularly to make sure you're up to date with all the latest news from the world of CBD!