Is CBD legal in the Netherlands?
David ReichUpdated:Key points at a glance:
CBD is not classified as a narcotic in the Netherlands. Products without detectable THC are permitted. THC is prohibited, and cannabis flowers and resin are regarded as cannabis. CBD flowers are therefore considered legally uncertain. The sale of oils, capsules or creams without medical claims is common. When travelling, it is advisable to carry only THC-free products together with a certificate of analysis. Importing cannabis without official authorisation is not permitted. There is no fixed legal THC limit. Driving is only recommended without THC in your system.
Which products contain CBD but no THC?
First, a brief overview of which products typically contain CBD but are free from THC. THC is legally much more sensitive in many countries. Here are some of the most common categories:
- CBD oils and tinctures: These liquids are usually placed under the tongue to allow for rapid absorption.
- CBD capsules and tablets: A convenient way to take CBD, similar to food supplements.
- CBD edibles: This includes gummies, chocolate, drinks and other foods that contain CBD.
- CBD vape products: These products are used to inhale CBD vapour. They include e‑liquids and vape pens.
- CBD skincare products: Creams, ointments, lotions and balms that are applied to the skin for local use.
Note: This article is for general information only and does not constitute legal advice.
Is CBD legal in the Netherlands? – Brief overview
CBD (cannabidiol) itself is not listed as a drug in Dutch narcotics law. However, THC and cannabis (hemp) are strictly regulated under the Dutch Opium Act (Opiumwet). Whether a CBD product is legally problematic in the Netherlands usually depends on:
- whether it contains detectable THC, and
- whether it is classified as cannabis flowers or resin (“hennep/hasjiesj”).
In the Netherlands, CBD is not a listed narcotic, but THC and cannabis flowers/resin are. THC‑free CBD oils and cosmetics are generally less problematic, while CBD flowers, products with detectable THC and cannabis imports fall under strict Opium Act rules.
| Permitted / generally unproblematic | Prohibited / high risk |
|---|---|
| CBD itself is not listed in Dutch narcotics legislation (Opium Act / Opiumwet). | THC (Δ9‑THC) is listed as a narcotic (List I). Cannabis flowers/resin (“hennep/hasjiesj”) are listed (List II). Products with detectable THC may fall under the Opium Act. (wetten.overheid.nl) |
| Purchase of CBD products without medical healing claims in ordinary shops (drugstores, specialist shops), provided they do not contain detectable THC. | Import of cannabis/cannabis products across the border (including by plane) without an Opium Act permit – the customs authorities (Douane) prohibit the carriage of Opium Act substances. (belastingdienst.nl) |
| Carrying a Certificate of Analysis (COA) to demonstrate THC levels (a practical tip, not a legal requirement). | CBD “flowers”/“herbal mix”: plant flowers/leaves are legally “hennep” (cannabis) and therefore generally fall under the Opium Act; possession/trade is not permitted without a specific exemption. (wetten.overheid.nl) |
| Carrying prescribed medicinal CBD products (e.g. pharmacy preparations/authorised medicines) in their original packaging. | Using or promoting medical healing claims for unauthorised products – supervised by the Health and Youth Care Inspectorate (IGJ). (igj.nl) |
CBD law in the Netherlands – key legal points
The Dutch Opium Act distinguishes between different substances and activities. For CBD legality in the Netherlands, the following points are central:
- THC vs CBD: THC (Δ9‑tetrahydrocannabinol) is explicitly listed as a List I substance (“hard drugs”). Cannabis (“hennep”, flowers/resin) appears on List II (“soft drugs”). CBD (cannabidiol) itself is not mentioned in these lists. What matters is therefore whether a product contains THC or is classified as cannabis flowers/resin. Opiumwetbesluit – Annex 1 (List I: Δ‑9‑THC); Opiumwet – List II (“hennep”). (wetten.overheid.nl)
- Banned activities: Import, export, processing, sale, transport and possession of List I/II substances are generally prohibited unless an exemption (“opiumontheffing”) has been granted. Opiumwet: Arts. 2/3 (prohibitions). (wetten.overheid.nl)
- State monopoly for cannabis trade: For cannabis (including hemp flowers/resin), the Ministry of Health has a monopoly on import and export via the Office of Medicinal Cannabis (OMC). Exemptions are granted by the OMC under Arts. 8 et seq. of the Opium Act. Opiumwet: Arts. 8h/8i; OMC – Exemptions from the Opium Act. (wetten.overheid.nl, english.cannabisbureau.nl)
- EU perspective on CBD: At EU level, the Court of Justice of the European Union ruled in 2020 (C‑663/18 “Kanavape”) that CBD is not considered a narcotic within the meaning of the UN Conventions and that the free movement of goods principle applies. National restrictions must be proportionate. CJEU C‑663/18. (curia.europa.eu)
Dutch law focuses on THC and cannabis plant material. CBD is not listed in the Opium Act, but products with THC or hemp flowers/resin are covered by drug laws, and activities such as import, export and trade require specific Opium Act exemptions.
Can you bring CBD to the Netherlands? (plane, car, train)
For CBD travel rules in the Netherlands, customs (Douane) applies the Opium Act. The authority prohibits the import and export of substances covered by this law. This includes:
- THC as a List I substance, and
- cannabis flowers/resin (“hennep/hasjiesj”) as List II substances.
Import of cannabis or cannabis products is therefore not permitted without an Opium Act exemption. Customs are responsible for checks at the EU’s external borders. Douane – Opiumwet. (belastingdienst.nl)
| Scenario | What usually applies? | Recommendation |
|---|---|---|
| CBD oil without detectable THC | CBD itself is not listed; it becomes problematic if THC is present or if the product is classified as cannabis flowers/resin. | Choose only products that laboratory tests describe as “THC not detectable”; carry a printed COA (Certificate of Analysis). |
| CBD oil with trace amounts of THC | Δ9‑THC is a List I substance; detectable levels may mean the product falls under the Opium Act. | Avoid travelling with such products. If unavoidable, be aware of the risks and carry a COA. (wetten.overheid.nl) |
| “CBD flowers”/hemp leaves or tea made from flowers/leaves | Flowers/leaves are “hennep” (List II) and therefore fall under the Opium Act framework. | Do not take these across the border. (wetten.overheid.nl) |
| Medicinal CBD (on prescription, e.g. from a pharmacy) | Travellers are generally allowed to carry “ordinary” medicines; special documentation applies to medicines that fall under the Opium Act (Schengen/medical certificates). CBD medicines without Opium Act substances usually only require a prescription/original packaging. | Carry your prescription and patient information leaflet; for medicines containing Opium Act substances, also check the specific documentation requirements. Douane – Medicines when travelling. (belastingdienst.nl) |
Important: Import and export of cannabis (including resin) are reserved to the OMC as a state monopoly. Without OMC involvement and authorisation, import and export are not permitted. Opiumwet Art. 8i; OMC. (wetten.overheid.nl, english.cannabisbureau.nl)
When travelling, Dutch customs focus on THC and cannabis plant material. THC‑free CBD oils are less risky, but CBD flowers, hemp teas from leaves/flowers and any cannabis products fall under strict import bans unless a specific Opium Act exemption exists.
Buying, possessing and using CBD in the Netherlands
Buying CBD products in Dutch shops
Purchase/sale: CBD oils and topical products without health claims are available in ordinary retail outlets such as drugstores and specialist shops. If products are promoted with medical healing or treatment claims, they may be treated as medicines. This is monitored by the Health and Youth Care Inspectorate (IGJ). IGJ – Online medicines/claims. (igj.nl)
CBD flowers and hemp plant material
CBD flowers: Regardless of THC content, hemp flowers and leaves are legally considered “hennep” (cannabis, List II). Possession and trade without a specific legal framework are prohibited. Consumers are therefore advised to avoid buying “CBD flowers” in headshops. Opiumwet – List II (“hennep”). (wetten.overheid.nl)
Difference between CBD and cannabis (THC)
Distinction from cannabis (THC): Possession of small quantities of cannabis containing THC is tolerated in the Netherlands under strict conditions. The so‑called “gedoogbeleid” (tolerance policy) allows:
- possession of up to 5 g of cannabis for personal use, and
- sales only in licensed coffeeshops that follow strict rules (minimum age 18, maximum 5 g per person per day, and in some municipalities access is restricted to residents under the “ingezetenencriterium”).
Rijksoverheid – Gedoogbeleid. (rijksoverheid.nl)
Regional differences (coffeeshops)
The “ingezetenencriterium” (access only for residents) is applied particularly strictly in border municipalities such as Maastricht, Breda and Heerlen. Within the ongoing “wietexperiment” (closed coffeeshop chain experiment), there are additional rules on the regulated supply chain in 10 selected municipalities.
Further information (in Dutch): Participating municipalities • Ingezetenencriterium in the experiment • News 02.04.2025. (rijksoverheid.nl)
CBD, THC and driving in the Netherlands
The Netherlands applies legal limits and strict rules on “drugs and driving”. Driving under the influence of drugs is a criminal offence. For combinations of drugs and alcohol, zero‑tolerance limits apply.
Even low levels of THC can lead to a positive test result and possible prosecution. Anyone using CBD products and planning to drive should therefore ensure that no THC is detectable in the product.
Further details (in Dutch): Rijksoverheid – Drugs and driving • Public Prosecution Service – Drugs & traffic. (rijksoverheid.nl, om.nl)
Practical tips for CBD users, travellers and expatriates
- Carry a COA: Print out the current Certificate of Analysis (with batch number and “THC not detectable”) and keep it with the product. In case of doubt, the police or customs can carry out tests.
- Original packaging and proof of purchase: Keep the packaging unopened where possible and have receipts to hand.
- Choose only THC‑free products: Opt for “broad spectrum without THC” or isolates (THC not detectable). Avoid “CBD flowers” and other products containing hemp flowers or leaves.
- Avoid products with health claims: Steer clear of products or webshops that make medical healing or treatment claims – these may draw regulatory attention. (igj.nl)
- Do not drive after THC exposure: Even traces can be an issue under Dutch traffic law. Allow sufficient time to pass; the only safe option is to drive with no THC in your system. (rijksoverheid.nl)
- Medicines: For CBD‑based medicines, carry your prescription and medical documentation; separate rules apply to medicines covered by the Opium Act, including possible Schengen certificates. Douane – Medicines. (belastingdienst.nl)
For lower risk use of CBD in the Netherlands, travellers tend to favour THC‑free oils or topicals in original packaging, backed by a recent COA, while avoiding CBD flowers, health‑claim marketing and any driving if THC exposure cannot be ruled out.
FAQ: CBD legality in the Netherlands
Can I take CBD oil in my hand luggage?
Yes, provided it does not contain THC. You must also comply with general airline and airport rules on liquids. Carry a COA. If THC is detectable, seizure and other issues may arise. (belastingdienst.nl)
Is there a fixed THC percentage limit in the Netherlands for consumer products?
No, there is no single statutory percentage limit that applies to all products. The key point is that Δ9‑THC is a List I substance and cannabis flowers/resin are List II. The mere presence of THC can therefore be relevant. (wetten.overheid.nl)
I am bringing hemp tea (“CBD tea”) made from leaves/flowers – is that allowed?
Caution: leaves and flowers are “hennep” under List II of the Opium Act – import and possession can therefore be problematic. Instead, you may wish to consider products without plant parts (for example extracts without THC). (wetten.overheid.nl)
How do coffeeshops deal with tourists?
Coffeeshops are subject to strict rules, including a maximum of 5 g per person per day. Many municipalities apply the “ingezetenencriterium” (residents only), especially border cities. Check local rules in advance. (rijksoverheid.nl)
Can I legally bring cannabis into the Netherlands if I have a medical prescription?
No. Import and export of cannabis (including resin) are reserved to the OMC; without OMC involvement and authorisation they are not permitted, even with a medical prescription. (wetten.overheid.nl)
Primary legal sources and further information
- Opium Act (law): wetten.overheid.nl/Opiumwet (including Arts. 2/3, 8h/8i). (wetten.overheid.nl)
- Opiumwetbesluit – Annex 1 (List I, includes Δ9‑THC): wetten.overheid.nl/BWBR0014405. (wetten.overheid.nl)
- OMC – Exemptions & information: english.cannabisbureau.nl/exemptions-from-the-opium-act • english.cannabisbureau.nl. (english.cannabisbureau.nl)
- Douane (customs) – Opium Act, travelling with medicines: Opium Act & customs • Medicines when travelling. (belastingdienst.nl)
- Rijksoverheid – Gedoogbeleid coffeeshops/soft drugs; wietexperiment: Gedoogbeleid • Municipalities • Criteria in the experiment • News 02.04.2025. (rijksoverheid.nl)
- Traffic: Drugs and driving • Public Prosecution Service – Drugs & traffic. (rijksoverheid.nl, om.nl)
- CJEU C‑663/18 “Kanavape” (CBD): curia.europa.eu. (curia.europa.eu)
This overview is not exhaustive and laws may change. Always check the linked official sources before you travel.