Cannabis and cannabinoids in Europe

Germany: On 8th March, the Christian Democratic Union/Christian Social Union (CDU/CSU) and Social Democratic Party (SPD) parties held exploratory talks about a potential coalition. The CDU/CSU has repeatedly expressed its opposition to the legalisation of cannabis that was implemented by the outgoing government; however, media reports that the topic was not discussed during these talks, despite the CDU/CSU and SPD holding differing views on the matter. This suggests that the CDU/CSU, which won the elections last month, may not reverse the legalisation of cannabis in the coming years after all, contrary to prior announcements. That said, CDU/CSU member of the Bundestag, Günter Krings, affirmed today that the party still plans on restricting cannabis legalisation. Additionally, a recent survey from Kaufmännische Krankenkasse (KKH) – one of the main health insurance providers in Germany – indicated that more than half of the population (aged between 18 and 70) do not want the legalisation of cannabis to be reversed.

France: France is taking steps towards the expansion of medical cannabis, with implementation texts currently being drafted and soon to be submitted to the European Commission for legal review. Two key texts will define product specifications for patients and set cultivation regulations. The High Authority of Health has been formally asked to evaluate medical cannabis and is expected to issue its decision in the coming months. Previous evaluations of the four-year experiment showed significant symptom improvement for patients with neuropathic pain, drug-resistant epilepsy, and terminal cancer, without unexpected side effects.

Portugal: Between January and November 2024, hospital consumption of medical cannabis reached 950 units, a significant increase compared to the 707 units in 2023. Data from the National Authority of Medicines and Health Products (Infarmed) shows that units consumed in public hospitals contained mostly CBD, and a smaller percentage contained CBD combined with THC. While exports of medical cannabis are increasing, many patients face high costs if they wish to continue the treatment, turning instead to self-cultivation or buying foreign products.

Italy: The ministries of agriculture, health, and environment have decided to appeal a Lazio Administrative Tribunal (TAR) ruling from February 2023 that annulled the decree on officinal plants. This decree, which took effect in May 2022, placed hemp flower and leaf extraction under the Narcotics Law. The TAR found that the decree violated articles 34 and 36 of the Treaty on the Functioning of the European Union and exceeded its intended public health protection objectives. The ruling extensively references both the Kanavape case and the French Council of State’s decision against banning hemp flowers. The ministries’ appeal will be reviewed by the Italian Council of State (the higher administrative court) on 2nd October 2025.

Italy: The Senate’s Commission for Constitutional Affairs and Justice is currently reviewing amendments to the Security Decree. Opposition parties, including The Five Star Movement, the Democratic Party, and Italia Viva, have proposed amendments aimed at establishing a more flexible legal framework. These include the creation of an authority for the regulation and research of psychoactive substances, and the promotion of hemp cultivation and its agro-industrial supply chain. Meanwhile, the government has proposed a ban on the cultivation and sale of hemp flowers, raising concerns about its compatibility with European law. In response, the European Parliament’s Petitions Committee has accepted a petition opposing the ban. The amendments will be examined in the coming weeks, leaving the outcome uncertain.

Belgium: The Federal Public Health Service (FPS) for Heath, Food Chain Safety and the Environment has updated the list of positive herbal product notifications.

Poland: The Parliamentary Team for the Decriminalisation of Marijuana is preparing a bill that could possibly legalise possession of up to 15 g of cannabis for personal use, press reports. Although this is not official yet, members of the team have unofficially told press that this personal-use threshold was decided during the meeting that was held in December with representatives from Wolne Konopie Association (Free Hemp Association), the largest pro-hemp and cannabis association in the country. The parliamentary group is expected to introduce a proposal following the agreements that have been made within the team.

Czech Republic: The minister of environment, Petr Hladík, has stated that the government has suspended the discussion of the regulation implementing new legislation on psychomodulatory substances (and the inclusion of low-potency cannabis and its extracts on the list of psychomodulatory substances), media reports. Reportedly, the regulation would return to the technical notification in the European Commission. The draft regulation notification to the EU TRIS database will be at a standstill until 19th May 2025. After that, the cabinet will return to the discussion and adoption of the regulation.

Hungary: Advocate general at the Court of Justice of the European Union (CJEU) Laila Medina has recommended that the CJEU declare that Hungary acted in breach of the EU principle of sincere cooperation when the country voted against removing cannabis and cannabis resin from Schedule IV of the Single Convention on Narcotic Drugs of 1961 during the sixty-third session of the Commission on Narcotic Drugs. Under the EU principle of sincere cooperation, member states are required to align their position with the EU in negotiations and voting in international conventions. Therefore, member states cannot take independent positions that undermine the EU’s role in international relations. In this sense, member states decided to vote jointly in favour of removing cannabis and cananbis resin from Schedule IV, in accordance with Council Decision (EU) 2021/3, and Hungary took a different position by voting against the removal.

EU: The European Commission (EC) concluded the call for evidence on Council Framework Decision 2004/757/JHA earlier this month, laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking. The consultation seeks to assess the effectiveness of the framework decision since its implementation in 2006, and may not necessarily lead to an amendment of the framework decision. The decision is the main piece of EU legislation that prevents member states from establishing a regulated market of recreational cannabis. The European Commission is expected to publish the results of the call for evidence in the upcoming weeks, while the European Commission’s findings are expected in the second quarter of 2026.

Germany: Member of the parliament for the Christian Democratic Union/Christian Social Union in Bavaria (CDU/CSU) group Thorsten Frei has answered a question regarding whether the CDU/CSU intends to reverse the legalisation of recreational cannabis introduced by the previous government, led by the Social Democratic Party (SPD) and the Greens. Frei affirmed that while the party continues to oppose cannabis legalisation, its priorities in coalition negotiations with the SPD will be on other issues.

EU: The European Commission has developed new proposals (Omnibus packages) that would simplify some EU rules. One of the aims is to make sustainability reporting more accessible and efficient, as well as simplify due diligence. The Omnibus package would remove around 80% of companies from the scope of the EU Corporate Sustainability Reporting Directive (CSRD) and delay reporting timelines for companies in the scope of both the CSRD and the Corporate Sustainability Due Diligence Directive, media reports. The proposals will be submitted to the European Parliament and the Council for consideration and adoption. We believe vaping, tobacco and cannabis/hemp companies that meet the requirements would also need to adhere to the new rules.