Laws in Sweden and the EU (Hemp & Oil)

Here we review the current laws and regulations that apply to hemp and cannabinoids. The laws apply to both the Swedish and the European market, and the information is based on current case law, decisions by the authorities and interpretations by the European Court of Justice.

Cannabinoid oil in Sweden (0.000 % THC)

In Sweden, there is strict zero tolerance of THC in oils containing cannabinoids, such as CBD Oil.
This means that all cannabinoid oils sold or used in Sweden must be completely free of THC (0.00 %), regardless of the amount.

This regulation is a national Swedish interpretation of drug legislation, which goes further than many other EU countries.
In contrast, several European Member States allow up to 0.3-0.5 % THC in oils produced from EU-certified industrial hemp.

Cannabinoid oil in the EU

In the Kanavape case (Case C-663/18, France, 2020), the CJEU ruled that CBD extract (CBD Oil) from legal industrial hemp with up to 0,3 % THC is legal throughout the EU, provided that the product:

  • is legally manufactured in another EU country,
  • is not psychoactive, and does not pose a risk to public health.

The Court further clarified that: “A Member State may not prohibit the trade or import of CBD products legally produced in another EU country, as long as they do not pose a risk to public health.”

To date, no Member State has been able to demonstrate that a THC level of 0.3 % poses any real risk to human health.

Conclusion: Oils with cannabinoids

Despite the position of the CJEU, Sweden has not yet adapted its legislation. As the issue has not been tried in Swedish courts with reference to EU law, the Swedish zero tolerance principle continues to apply to cannabinoid oils containing THC - even below 0.3 %.

Industrial hemp Flowers (Buds)

In both Sweden and the EU, it is legal to buy and possess industrial hemp (Buds), under certain conditions:

  • The hemp must come from an EU-certified seed variety, these are listed at Swedish Board of Agriculture.
  • These varieties produce plants with a maximum of 0.3 % THC, which is an exception in drug legislation.

Growing industrial hemp in Sweden requires a special cultivation permit - without a permit, cultivation risks being classified as drug production.

Executive summary

It is legal to buy, import and sell hemp belonging to the plant genus Cannabis Sativa L, as long as it comes from approved seed varieties with a maximum of 0.3 % THC and is not used as food or medicine. This interpretation is supported by SOU 2016:93 and the EU common rules for industrial hemp.