Cannabidiol (CBD) is a non-psychoactive substance extracted from the plant Cannabis Sativa l. It should not be confused with the psychoactive substance Tetrahydrocannabinol (THC). As the use of CBD in cosmetic products was growing over many years, its regulatory status remained complex.
What is the current regulatory status?
Annex II-306 of the EU Cosmetics Regulation 1223/2009 includes the following entry: “All substances listed in Tables I and II of the Single Convention on Narcotic Drugs signed in New York on 30 March 1961“.
This convention contains the following entry: “Cannabis and cannabis resin and extracts and tinctures of cannabis.” Thus, the scope of Annex II-306 includes the cannabis plant and its preparations, resulting in a prohibition on their use in cosmetic products. However, CBD and THC as pure substances are not explicitly mentioned in the convention.
In November 2020, the European Court of Justice concluded that CBD extracted from cannabis plants varieties, containing no more than 0.2 % THC, is not considered to fall within the scope of entry 306 of Annex II. In January 2023, this maximum concentration was even updated to a limit of 0.3 % THC.
What will be amended by the Omnibus Act 2026 (IX)?
Following a request from the European Commission, the Scientific Committee of Consumer Safety (SCCS) carried out a safety assessment of CBD for use in cosmetic products. The SCCS opinion from 26 March 2026 concludes that the use of CBD in cosmetic products can be considered safe when used at concentrations up to 0.19 %, under the restriction that impurities concerning THC does not exceed concentration limits of 0.00025 % (2.5 ppm) in the final product.
A new entry will be added to Annex III through Omnibus Act 2026 (IX), reflecting the concentration limits of CBD and impurity limits of THC.