Smoking CBD: is it legal?

Sold as oils, cosmetics, pearls, e-liquids or buds: in theory CBD or cannabidiol buds can be smoked. Buyers are often interested in trying CBD this way. But is it legal to smoke CBD?

Smoking CBD vs. Smoking cannabis

CBD and cannabis are two different buds. Everyone is (at least vaguely) familiar with cannabis or marijuana which has a high THC (or tetrahydrocannabinol) content, giving you a high and fostering dependence. We often put CBD in the same basket.

However, unlike cannabis, CBD, which should have a THC content of under 1%, lets users take advantage of its relaxing effects without getting high nor becoming dependent. It is thought that it can play a role in overcoming addictions and that it also acts as a pain reliever and anti-depressant.

All this implies that, unlike THC, CBD is harmless, and therefore smoking it could be legalized.

Is it legal to smoke CBD?

Since CBD is not considered a doping drug by the World Health Organization, in theory it cannot be prohibited nor considered a drug.

In France

On 29 December 2022, smoking CBD in France was made possible (as long as it has a THC content under 0.3%) thanks to the abolishment of a decree dated 30 December 2021 which prohibited the sale and use of CBD, including CBD buds in France. Because of this, the State council recognized that CBD is non-psychotropic and non-addictive for consumers.

In Switzerland

Considering that CBD is not recognized as a doping drug by the World Health Organization, Switzerland adopted a CBD law quite a while ago. There is no legal limit concerning CBD content in CBD buds sold, but the THC content may not exceed 1%. Thus, smoking CBD is legal in Switzerland.

In the United Kingdom

Although the CBD market is flourishing in the United Kingdom, the State prohibits growing CBD in the country, but it does authorize the importation of CBD products from abroad. Thus, the law lets consumers smoke CBD grown abroad. What’s more, the THC content in CBD buds may not exceed 0.2%.

In Spain

With a more lenient law than its European neighbors, Spain authorizes CBD and cannabis users to smoke in private. This is why cannabis clubs are multiplying in Spanish cities, especially Barcelona and Madrid.

Is it legal to vape CBD?

Trendy and easy to use, e-cigarettes have been very successful in the CBD market. The law makes no distinction between those who smoke CBD and those who vape it. Therefore, the rules in different countries are the same for CBD e-liquid users.

Can you test positive in urine or saliva tests?

THC is screened for, not CBD. The THC content is so low in CBD-based products (including CBD buds) that it is practically indetectable during a blood test. What’s more, the THC content in CBD is not detectable during urine tests. Therefore, the chance of testing positive in a urine or saliva test is almost nil.

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