12 February 2025
roadmap
On the edge of narcotics: CBD, HHC, Kratom
Laws are evolving ever more rapidly, particularly due to the fast-paced advancements in technology and digitalisation, and few as quickly as those related to consumer products across various categories. This is especially true for substances occupying a grey area, teetering on the edge of what is prohibited and what is allowed, where the market tends to be more agile and creative than the legislation attempting to keep pace. Among these "controversial" substances, hemp cannabinoids such as CBD and HHC, along with Kratom, have flooded European markets in recent years.
When hemp is mentioned in this article, it refers to so-called industrial or technical cannabis, i.e. the Cannabis plant with a very low level of tetrahydrocannabinol (THC), typically below 0.3 %. CBD is a cannabinoid found in the hemp plant, along with THC and many other cannabinoids. THC is classified as a drug under the UN Single Convention on Psychotropic Substances of 1971. HHC is another cannabinoid that occurs naturally in the hemp plant but is also produced synthetically through the hydrogenation of THC. Kratom (Mitragyna speciosa) is a tropical plant native to Southeast Asia, marketed for its allegedly stimulating effects, energy boost and similar benefits.
Since there is no harmonised EU-wide regulation for these substances, their legal classification and perception vary significantly between countries. Some European nations outright ban them. In others, the legislation either does not address them or has not yet caught up, allowing these substances to be freely available on the market without restrictions, sometimes even to children, with products often marketed towards younger consumers through colourful packaging or forms like gummies and lollipops. Sellers are very creative in exploiting legal loopholes to bring these products to market, often labelling them as decorative or collectible items, among other strategies.
The map below provides an overview of the legal approaches to these substances in the countries where Schoenherr offices operate. For all EU jurisdictions, CBD, HHC and Kratom are considered novel foods or potential novel foods subject to Regulation (EU) 2015/2283. The answers below reflect this classification. Hover over the countries to see their legal approaches.
czech republic
New legislation on psychomodulating substances, expected to cover Kratom and hemp with up to 1% THC content is currently in the legislative process. The legislation will introduce strict regulations on the marketing of these substances, including sale only in specialised stores, a ban on sales to minors and a ban on advertising.
romania
The Romanian regulations regarding the permissible content of THC are contradictory. To be on the safe side, the THC content in products should be zero.
How will legislation on this topic evolve further? EU countries are increasingly taking action regarding these substances, either by banning them (as is largely the case with HHC and Kratom) or by regulating their sale. Some bans have been introduced very recently, such as Romania's law prohibiting HHC in September 2024. Some countries are moving toward regulation, like the Czech Republic, where new legislation is being prepared. As for CBD, its status in foods is closely linked to its classification as a novel food under Regulation (EU) 2015/2283, which will become clearer once authorised. Market tolerance for CBD in other products typically depends on THC level limits, with countries increasingly monitoring its sale.
With the regulation of CBD, HHC, Kratom and similar substances in constant flux, businesses in this field should closely monitor ongoing developments and updates from relevant authorities, as current regulations may change quickly.
author: Monika Voldánová
Sarah
Rosenthaler
Associate
austria vienna