Is CBD Legal In My Country?
It is a question that many people often ask is CBD legal in your country and there is yet to be an extensive document that details the legalities of where you can travel with CBD oil, and which countries is it still illegal in. This can make it extremely frustrating for those of you who have come to rely on this amazing product when travelling.
To begin with let’s understand where all the confusion comes from around CBD and why so many countries struggle with its regulation. CBD is extracted from certain varieties of the cannabis plant often known as hemp. Depending on which plant it is extracted from can determine the level of THC that is found within the CBD product. It is the THC that is the element of the plant that gives you the high and the part that is illegal in many countries as a stand-alone product. However, when CBD oil is extracted it often has only trace amounts of THC which cannot get you high. This is where the stigma and confusion regrading CBD oil stems from. For example, in most of Europe the legal limit is 0.2% THC content and often many of these CBD products only contain less than 0.1% trace amounts.
A main issue with travelling with CBD oil is that many customs officers simply don’t understand the regulation of their own countries rules and you can have them confiscated even if its legal.
One of the other main reasons for a lack of guidance on this subject is the fact that the CBD market has exploded, the below graph from Google Trends demonstrates this by showing the search queries globally for the term ‘CBD Oil’. In the last two years it has literally exploded.
So, let’s look at the complexity of CBD oil and some of the issues that you have and why its such a confusing topic. Depending on its extraction method, CBD oil will almost certainly contain some THC. Usually this is in the form of trace amounts, so for example in the UK as long as it has less than 0.2% THC then it’s a legal product. Anything over this amount makes it becomes an illegal product, unless it’s been medically supplied. So why does this matter when you are travelling? To put it simply if a country has a zero tolerance to THC this could amount to drug smuggling for which some of the penalties can be severe.
Something else that we noticed is that the search queries from Google Trends data is that it shows that those countries where CBD Oil is legal are those with the largest search volume. There is a definite correlation between legality and search volume, however much of this will have been driven by the huge media attention in those countries.
Our team has done some extensive research and even then, there is a few grey areas with many countries, but we will talk in more detail about this. What we want to do is break this down into areas of the world firstly to give you an overview, and then look at individual countries after that.
I suppose one thing to touch on is the fact many countries have only really had two years to respond and put in place their position, which for governments isn’t really that long in terms of legislation.
Which Countries Is CBD Legal in Europe?
Europe is a one of the main leaders in terms of CBD oil and its attitude towards the substance. However, please be warned that most countries state that if the THC level is above 0.2% then it could be deemed as a controlled substance. There are however some countries in Europe that don’t have limits on the THC level within CBD oil, as cannabis is legal within those countries. So, for instance the Netherlands and the Czech Republic sell cannabis in stores throughout the country, meaning that the levels of THC within CBD oil are irrelevant.
There are still countries where it is illegal, but it has been decriminalised, meaning there is unlikely to be any prosecution. Then there are some countries which have legalised it for medicinal use but not for general use.
Country | Population | Is CBD Legal |
Aland Islands (Finland) | 29,000 | Yes |
Albania | 2,783,000 | no |
Andorra | 75,000 | No |
Austria | 8,477,000 | Yes |
Belarus | 9,460,000 | No |
Belgium | 11,162,000 | no |
Bosnia and Herzegovina | 3,847,000 | No |
Bulgaria | 7,261,000 | No |
Croatia | 4,258,000 | Yes |
Czech Republic | 10,519,000 | Yes |
Denmark | 5,612,000 | Yes |
Estonia | 1,283,000 | Yes |
Faroe Islands (Denmark) | 48,000 | Yes |
Finland | 5,436,000 | Yes |
France | 66,616,416 | Yes |
Germany | 80,640,000 | Yes |
Gibraltar (UK) | 30,000 | Yes |
Greece | 10,758,000 | Yes |
Guernsey (UK) | 63,000 | Yes |
Hungary | 9,894,000 | Yes |
Iceland | 324,000 | No |
Ireland | 4,662,000 | Yes |
Isle of Man (UK) | 87,000 | Yes |
Italy | 59,789,000 | Yes |
Jersey (UK) | 100,000 | Yes |
Latvia | 2,011,000 | Yes |
Liechtenstein | 37,000 | No |
Lithuania | 2,956,000 | Yes |
Luxembourg | 542,000 | Yes |
Macedonia | 2,066,000 | Yes |
Malta | 419,000 | No |
Moldova | 3,486,000 | Yes |
Monaco | 36,000 | No |
Montenegro | 620,000 | No |
Netherlands | 16,795,000 | Yes |
Norway | 5,077,000 | No |
Poland | 38,548,000 | Yes |
Portugal | 10,609,000 | Yes |
Romania | 19,858,000 | Yes |
Russia | 143,455,000 | No |
San Marino | 32,000 | Yes |
Serbia | 7,203,000 | No |
Slovakia | 5,413,000 | No |
Slovenia | 2,062,000 | Yes |
Spain | 46,958,000 | Yes |
Svalbard and Jan Mayen (Norway) | 3,000 | No |
Sweden | 9,595,000 | Yes |
Switzerland | 8,075,000 | Yes |
Ukraine | 45,461,000 | No |
United Kingdom | 64,231,000 | Yes |
Vatican City | 800 | No |
As always please check information before the time of travelling as government rules can change all the time, another consideration you have to think about is your hand luggage and if the size of bottle meets with the airlines regulations for carrying liquids.
Which States Is CBD Legal in the United States?
America probably has some of the most complexity around the laws surrounding CBD oil. Cannabis has become legal in many states across the US with more states still looking to adopt this stance. There is an issue here as state law is superseded by federal law. So, for example if you are to travel from a state that CBD oil is legal into a state that its illegal in, then you could be prosecuted under federal law which may carry a prison sentence. The advice is always to check what each states law is. It’s a bizarre situation to be living in one country where the laws vary throughout that country dependant upon what state you live in.
State | State Code | Hemp Derived CBD | Marijuana Derived CBD |
Georgia | GA | Yes | No |
Idaho | ID | No | No |
Indiana | IN | Yes | No |
Nebraska | NE | No | No |
South Dakota | SD | No | No |
Alaska | AK | Yes | Yes |
Arizona | AZ | Yes | Yes |
Arkansas | AR | Yes | Yes |
California | CA | Yes | Yes |
Colorado | CO | Yes | Yes |
Connecticut | CT | Yes | Yes |
Delaware | DE | Yes | Yes |
Florida | FL | Yes | Yes |
Hawaii | HI | Yes | Yes |
Illinois | IL | Yes | Yes |
Alabama | AL | Yes | Yes |
Iowa | IA | Yes | Yes |
Kansas | KS | Yes | Yes |
Kentucky | KY | Yes | Yes |
Louisiana | LA | Yes | Yes |
Maine | ME | Yes | Yes |
Maryland | MD | Yes | Yes |
Massachusetts | MA | Yes | Yes |
Michigan | MI | Yes | Yes |
Minnesota | MN | Yes | Yes |
Mississippi | MS | Yes | Yes |
Missouri | MO | Yes | Yes |
Montana | MT | Yes | Yes |
Nevada | NV | Yes | Yes |
New Hampshire | NH | Yes | Yes |
New Jersey | NJ | Yes | Yes |
New Mexico | NM | Yes | Yes |
New York | NY | Yes | Yes |
North Carolina | NC | Yes | Yes |
North Dakota | ND | Yes | Yes |
Ohio | OH | Yes | Yes |
Oklahoma | OK | Yes | Yes |
Oregon | OR | Yes | Yes |
Pennsylvania | PA | Yes | Yes |
Rhode Island | RI | Yes | Yes |
South Carolina | SC | Yes | Yes |
Tennessee | TN | Yes | Yes |
Texas | TX | Yes | Yes |
Utah | UT | Yes | Yes |
Vermont | VT | Yes | Yes |
Virginia | VA | Yes | Yes |
Washington | WA | Yes | Yes |
West Virginia | WV | Yes | yes |
Wisconsin | WI | Yes | yes |
Wyoming | WY | Yes | yes |
Is CBD Legal in Canada?
So, this one is super easy to answer, CBD oil is legal in Canada in any form as Cannabis throughout all of the Canada is legal.
Which Countries Is CBD Legal in South America?
South America is an interesting area, so the simple answer is no with only Uruguay legalising it. This doesn’t tell the whole story here though, as there isn’t any specific information available around CBD. What we have looked at here instead is the legality of cannabis.
There are a handful of countries that have decriminalised cannabis, but the drug is still illegal. So that’s confusing… The reality of what that means is that although the drug is illegal, if you are found to have it on you, you won’t be arrested. So, we can presume that CBD with trace amounts of THC will be ok in those countries. We would advise against trying to take CBD into those countries where it isn’t legal, unless you would like to spend some time in a South American prison. Just one thing to note is there are some oddities around some of the laws. For instance; Uruguay it isn’t legal for foreigners, but it is for local people.
Country | Population | Is CBD Legal |
Brazil | 201,033,000 | No but Decriminalised |
Colombia | 47,130,000 | No but Decriminalised |
Argentina | 41,350,000 | No but Decriminalised |
Peru | 30,476,000 | No but Decriminalised |
Venezuela | 29,760,000 | No |
Chile | 16,841,000 | No but Decriminalised |
Ecuador | 15,779,000 | No but Decriminalised |
Bolivia | 10,517,000 | No but Decriminalised |
Paraguay | 6,849,000 | No but Decriminalised |
Uruguay | 3,297,000 | Yes |
Guyana | 798,000 | No |
Suriname | 539,000 | No |
French Guiana | 259,000 | No |
Falkland Islands (UK) | 3,000 | No but Decriminalised |
Which Countries Is CBD Legal in Africa?
Africa is an area that it was difficult to find any definitive answers, this means that we have had to look at the cannabis laws because CBD isn’t a market that has really developed within this continent yet. From looking at this, there is only South Africa that would be legal to have CBD oil. The rest of the African countries it’s a definitive NO.
From those who have visited some of the countries in North Africa in particular, you will notice that cannabis is smoked in a number of those countries and the law turns a blind eye to it. However, I wouldn’t want to risk brining anything with THC traces into any of those countries.
Country | Population | Is CBD Legal |
Algeria | 38,295,000 | no |
Angola | 21,256,000 | no |
Benin | 9,742,000 | no |
Botswana | 2,096,000 | no |
Burkina Faso | 17,323,000 | no |
Burundi | 9,023,000 | no |
Cameroon | 20,930,000 | no |
Cape Verde | 511,000 | no |
Central African Republic | 5,217,000 | no |
Chad | 12,948,000 | no |
Comoros | 743,000 | no |
Democratic Republic of the Congo | 74,618,000 | no |
Djibouti | 912,000 | no |
Egypt | 84,605,000 | no |
Equatorial Guinea | 1,837,000 | no |
Eritrea | 4,980,000 | no |
Ethiopia | 86,614,000 | no |
Gabon | 2,204,000 | no |
Gambia | 1,794,000 | no |
Ghana | 26,441,000 | no |
Guinea | 11,861,000 | no |
Guinea-Bissau | 1,699,000 | no |
Ivory Coast | 23,919,000 | no |
Kenya | 43,291,000 | no |
Lesotho | 1,887,000 | no |
Liberia | 3,881,000 | no |
Libya | 6,323,000 | no |
Madagascar | 21,852,000 | no |
Malawi | 15,316,000 | no |
Mali | 16,678,000 | no |
Mauritania | 3,461,000 | no |
Mauritius | 1,273,000 | no |
Mayotte (France) | 217,000 | no |
Morocco | 32,950,000 | no |
Mozambique | 24,491,000 | no |
Namibia | 2,170,000 | no |
Niger | 17,493,000 | no |
Nigeria | 177,096,000 | no |
Republic of the Congo | 4,525,000 | no |
Reunion (France) | 862,000 | no |
Rwanda | 10,780,000 | no |
Saint Helena, Ascension and Tristan da Cunha (UK) | 4,000 | no |
Sao Tome and Principe | 194,000 | no |
Senegal | 13,567,000 | no |
Seychelles | 94,000 | no |
Sierra Leone | 5,823,000 | no |
Somalia | 9,662,000 | no |
South Africa | 52,982,000 | yes |
South Sudan | 10,334,000 | no |
Sudan | 35,150,000 | no |
Swaziland | 1,077,000 | no |
Tanzania | 45,950,000 | no |
Togo | 6,675,000 | no |
Total | 1,099,755,000 | no |
Tunisia | 10,889,000 | no |
Uganda | 35,363,000 | no |
Western Sahara | 650,000 | no |
Zambia | 14,129,000 | no |
Zimbabwe | 13,098,000 | no |
Which Countries Is CBD Legal in the Caribbean?
When everyone thinks about the Caribbean they think of Jamaica and ‘joints’, the Caribbean is a more complex area with influence from Spain, America, The U.K and The Netherlands. These countries have all added to the history of many of the countries within this paradise location.
As a result, laws can vary greatly island to island, this is no different with CBD laws. Across much of the Caribbean CBD isn’t yet legal due to the THC trace elements, so we would advise against travelling with this if you are planning to holiday to the majority of these islands. Again, please always check before travelling as laws can change.
Country | Population | Is CBD Legal |
Anguilla (UK) | 14,000 | no |
Antigua and Barbuda | 88,000 | yes |
Aruba (Kingdom of the Netherlands) | 105,000 | no |
Bahamas | 368,000 | no |
Barbados | 276,000 | no |
British Virgin Islands (UK) | 32,000 | no |
Caribbean Netherlands (Kingdom of the Netherlands) | 23,000 | no |
Cayman Islands (UK) | 60,000 | no |
Cuba | 11,163,000 | no |
Curacao (Kingdom of the Netherlands) | 155,000 | no |
Dominica | 71,000 | no |
Dominican Republic | 9,745,000 | no |
Grenada | 103,000 | no |
Guadeloupe (France) | 409,000 | no |
Haiti | 10,671,000 | no |
Jamaica | 2,715,000 | yes |
Martinique (France) | 398,000 | no |
Montserrat (UK) | 5,000 | no |
Puerto Rico (US) | 3,641,000 | no |
Saint Barthelemy (France) | 10,000 | no |
Saint Kitts and Nevis | 55,000 | no |
Saint Lucia | 170,000 | no |
Saint Martin (France) | 39,000 | no |
Saint Vincent and the Grenadines | 97,000 | no |
Sint Maarten (Kingdom of the Netherlands) | 41,000 | no |
Trinidad and Tobago | 1,344,000 | no |
Turks and Caicos Islands (UK) | 33,000 | No |
United States Virgin Islands (US) | 106,000 | Yes |
Which Countries Is CBD Legal in the Middle East
For the purpose of safety, the best answer here is don’t take CBD products to any middle eastern country, as many still carry the death penalty for drug smuggling. This is something that we will talk about later in this post.
There is dispute over the legalities of it in Israel however, where they have started trials in pharmacies for medicinal use.
Country | Population | Is CBD Legal |
Bahrain | 1,546,000 | no |
Egypt | 84,605,000 | no |
Iran | 76,789,000 | no |
Iraq | 35,404,000 | no |
Israel | 8,047,000 | no |
Jordan | 6,517,000 | no |
Kuwait | 3,852,000 | no |
Lebanon | 4,127,000 | no |
Oman | 3,942,000 | no |
Palestine | 4,421,000 | no |
Qatar | 1,917,000 | no |
Saudi Arabia | 30,193,000 | no |
Syria | 22,169,000 | no |
Turkey | 76,081,000 | no |
United Arab Emirates | 8,659,000 | no |
Yemen | 25,252,000 | no |
Which Countries Is CBD Legal in Asia?
Asia is a difficult one, as a continent it is the most diverse out of them all. There is only one country with any literature that says that CBD oil is legal and that’s India. There are others like Japan and Singapore that say it isn’t a controlled substance if it has 0% THC, which as most hemp-based products still have up to 1% then it really isn’t worth the risk. This continent is one of the strictest after the Middle East. We would always advise checking before you travel here as some countries do carry the death penalty in Asia for drug smuggling.
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Country | Population | Is CBD Legal |
Afghanistan | 30,419,928 | No |
Bahrain | 1,248,348 | No |
Bangladesh | 161,083,804 | No |
Bhutan | 716,896 | No |
Brunei | 408,786 | No |
Cambodia | 14,952,665 | No |
China | 1,343,239,923 | No |
India | 1,205,073,612 | Yes |
Indonesia | 248,645,008 | No |
Japan | 127,368,088 | No |
Jordan | 6,508,887 | No |
Kazakhstan | 17,522,010 | No |
Korea North | 24,589,122 | No |
Korea South | 48,860,500 | No |
Kuwait | 2,646,314 | No |
Kyrgyzstan | 5,496,737 | No |
Laos | 6,586,266 | No |
Lebanon Lebanese Republic | 4,140,289 | No |
Malaysia | 29,179,952 | No |
Maldives | 394,451 | No |
Mongolia | 3,179,997 | No |
Myanmar | 54,584,650 | No |
Nepal | 29,890,686 | No |
Oman | 3,090,150 | No |
Pakistan | 190,291,129 | No |
Palestine | 4,225,710 | No |
Philippines | 103,775,002 | No |
Singapore | 5,353,494 | No |
Sri Lanka | 21,481,334 | No |
Syria | 22,530,746 | No |
Tajikistan | 7,768,385 | No |
Thailand | 67,091,089 | No |
Timor-Leste/East Timor | 1,143,667 | No |
Turkmenistan | 5,054,828 | No |
Uzbekistan | 28,394,180 | No |
Vietnam / Viet Nam | 91,519,289 | No |
Yemen | 24,771,809 | No |
Is CBD Legal in Austraia and New Zealand?
Although most of the western world had become more tolerant and relaxed many of the laws around CBD, Australia are still a little behind on this. People can have it prescribed medically in some states and in others its still completely banned. This position could change as attitudes become more relaxed around CBD. New Zealand no longer class it as a controlled substance and have made the distinction between Hemp derived with up to 2% THC traces and medicinal CBD oil which can only be prescribed. We would advise against traveling to Australia with CBD oil, however New Zealand should be ok but as always check with the governing bodies before you travel.
Can I Travel With CBD Oil With A Doctors Note?
Unfortunately, that won’t wash in every country in the world, the penalties will still be the same as if you didn’t have one. Our advice is never to risk it, if you must get in touch with the consulate of that country before travelling to make sure that you are legally allowed to.
What’s the worst that could happen?
Well I don’t think anyone wants to be stuck in a jail in Asia or the Middle East, these are the countries with some of the most severe penalties for drug smuggling. We are not saying that you would spend the rest of your life in prison for a small bottle of CBD oil with trace amounts of THC in it, however the following countries carry the death penalty for drug smuggling. This will be on a huge scale though and not for personal use, but the penalties are severe so please don’t travel to any of these countries with CBD with any THC levels in it.
Country | Death Penalty |
Afghanistan | Yes |
Bahrain | Yes |
Bangladesh | Yes |
Belarus | Yes |
Botswana | Yes |
Chad | Yes |
China | Yes |
Egypt | Yes |
Indonesia | Yes |
Iran | Yes |
Iraq | Yes |
Jordan | Yes |
Kuwait | Yes |
Malaysia | Yes |
Nigeria | Yes |
North Korea | Yes |
Oman | Yes |
Pakistan | Yes |
Palestine | Yes |
Saudi Arabia | Yes |
Singapore | Yes |
Somalia | Yes |
South Korea | Yes |
South Sudan | Yes |
Sudan | Yes |
Taiwan | Yes |
Thailand | Yes |
United Arab Emirates | Yes |
Vietnam | Yes |
Yemen | Yes |
Conclusion
CBD Oil is still an emerging product and it hasn’t hit a global distribution as of yet, and with the cogitations that it is cannabis due to a lack of education. We can’t see this changing any time soon in those countries that haven’t adopted the stance of many westernised countries.
We personally wouldn’t risk it would be our advice unless you are 100% certain that the country you are entering has legalised the product.
There are a couple of things that we would always check.
- What level of THC does your product contain? as those countries that have legalised the product have varying levels allowable.
- Always check with our government about travel to another country or the consulate for the country that you are travelling to.
Always make sure who you have bought your CBD oil from has third party testing so that you know what levels of THC are actually present, as the last thing that you want to do is enter a country and bought CBD oil in good faith which turns out to have much higher levels that you may have thought.
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This blog is only a guide a guide and its up to each person to do their own research before travelling and YourHemp takes no responsibility for any action taken against individuals for information within this blog post.
Sources:
Google Trends
Amnesty International
Wikipedia
Health Departments from several countries
Legal Departments from numerous countries