Is CBD legal everywhere in the world?

Cannabidiol (CBD) continues to gain ground worldwide, establishing itself as a major player in the wellness sector. Estimates suggest that the global CBD market could reach $12.64 billion by 2026. This growing popularity is due in particular to regular use by a large majority of consumers - almost 84%.

However, despite this craze, the legislation surrounding CBD differs widely from country to country. Its legal status depends on national laws, which impose specific conditions on production, marketing and use. In this article, we take a look at the regulations in force around CBD in different parts of the world.

CBD in Europe: a diversified regulatory framework

In the majority of European Union countries, CBD is perceived as a wellness supplement accessible to the general public. However, marketing conditions, including the type of products authorized, vary from one member state to another.

Germany, Belgium, England and Switzerland are among the countries that accept the use of CBD for medical or therapeutic purposes. At European level, countries have set a common THC threshold for hemp-based products, which must not exceed 0.2%. For those using CBD for medical purposes, it is advisable to consult the resources of the International Narcotics Control Board (INCB), for precise regulations depending on the country visited.

On the cannabis front, some countries like Germany have recently taken a major step forward with partial legalization from 1ᵉʳ April 2024. Others, such as Spain and Portugal, have opted for a controlled decriminalization approach, paving the way for more flexible legislation.

CBD in Asia: between cautious openness and strict regulation

CBD is gradually making inroads in Asia, although laws differ widely from country to country. At present, cannabidiol-based products are available in countries such as China, Japan and Thailand, but each nation applies its own regulatory policy.

In Thailand, the legalization of cannabis in June 2022 marked a historic turning point. However, this breakthrough is still subject to strict controls: smoking is prohibited in public places, for example, and is punishable by law. Consumption is authorized, but under strict conditions.

In Japan, CBD is legal only if it contains absolutely no trace of THC. Cannabis as a whole, on the other hand, remains illegal and highly stigmatized by society and the authorities. In fact, according to statistics from the Japanese Ministry of Health, only 1.4% of Japanese citizens have ever experimented with cannabis, a much lower rate than in Europe.

CBD in Canada: a well-structured legal framework

In Canada, the production and sale of CBD is regulated by the federal government and Health Canada, in compliance with international conventions on controlled substances. Only duly authorized dispensaries can offer cannabidiol-based products, ensuring rigorous monitoring of quality and traceability.

However, rules can vary from province to province. For example, in Quebec, any form of cannabis promotion is prohibited, while regions such as Ontario or British Columbia adopt a more flexible policy on distribution. The national legalization of cannabis, which came into force on October 17, 2018, is part of a public health strategy to better regulate use and limit the development of the illicit market.

CBD in Latin America: growing medical use

Latin America has been integrating CBD into strictly controlled medical use for several years now. In Brazil, for example, the National Health Surveillance Agency (ANVISA) authorizes the use of CBD-based products on prescription, within a regulated and secure framework.

In countries such as Uruguay, Puerto Rico and Panama, cannabis use is fully legalized, while many other nations have adopted a decriminalization approach that also includes CBD. Colombia is establishing itself as a major player in the sector, with rapid growth in its CBD industry, reinforcing its position as an international producer and exporter.

CBD in the United States: between progress and legal uncertainty

US CBD legislation is structured around federal and state laws, which can vary considerably by region. The passage of the Farm Bill in 2018 represented a turning point: this farm bill distinguished hemp from cannabis, legalizing CBD derived from hemp containing less than 0.3% THC for agricultural and industrial purposes.

Despite this breakthrough, confusion persists. The FDA (Food and Drug Administration) has yet to officially approve CBD as a dietary supplement, generating uncertainty for manufacturers and consumers alike.

This does not prevent the majority of American states from authorizing the sale and use of CBD, as long as the THC content remains below 0.3%. States such as California, Colorado and Texas are examples of this openness. At the same time, several states - including Michigan, Nevada, Washington and Alaska - have chosen to legalize cannabis for both therapeutic and recreational use, reflecting a progressive liberalization dynamic.

Legality of CBD in Africa: between tradition and modernization

Africa, and the Maghreb in particular, has a long tradition of cannabis cultivation, particularly in the artisanal production of resin. However, the regulation of CBD varies greatly from country to country, with each state adopting measures in line with its cultural and economic realities.

Countries such as Rwanda, Ghana and Uganda have already legislated for the medical use of CBD, setting up regulatory frameworks for its production and distribution. In South Africa, cannabis has been decriminalized since 2018, authorizing personal use under certain conditions.

In Morocco, a country with a long history of cannabis cultivation, discussions are underway regarding a possible legalization. Conversely, in several parts of the continent, CBD remains banned or heavily regulated. These divergences show that the regulation of cannabidiol in Africa remains an evolving subject, at the crossroads of public health, economic and social issues.

CBD in Oceania: conditional medical advances

In Oceania, Australia and New Zealand have recently amended their legislative frameworks to allow the use of CBD for medicinal purposes, while maintaining strict regulation.

Since 2021, Australia has allowed access to certain CBD-containing products without a prescription, provided they are low-dosed (less than 1%) and intended for specific medical use. Despite this openness, the market remains highly regulated, with strict manufacturing, distribution and use requirements.

In New Zealand, cannabis-based medicines have been legal under medical prescription since 2020. CBD products are also authorized, provided they contain less than 2% THC and are manufactured locally, guaranteeing traceability and compliance with safety standards.

Although these two countries have taken a step towards greater accessibility, the use of CBD in Oceania remains subject to precise rules and varies according to the health authorities in place.