CBD Legalization in Slovakia - Law Changes 2021

02/15/2021 Author: Vendula 7 min read

Currently: CBD Legalization in Slovakia

Although CBD was removed from the list of narcotic and psychotropic substances in the vast majority of European countries, Slovakia was a long-time exception. However, the year 2021 should bring significant changes! What are they? You can find them in today's article...

Legal status of cannabis in the European Union (as of 25 September 2026)

The EU has no single cannabis law: it sets a common framework for hemp farming, trade and drug trafficking, while recreational use is regulated by each Member State.
CBD lawfully produced in one Member State may in principle be sold in another; a national ban is allowed only if it is suitable to protect public health and does not go beyond what is necessary. The Court held that such CBD is not a narcotic drug under the 1961 Single Convention (Articles 34 and 36 TFEU, Case C-663/18 Kanavape, paras 76 and 96).
Industrial hemp qualifies for CAP direct payments only if the THC content of the variety does not exceed 0.3 % (Art. 4(4) Regulation (EU) 2021/2115); THC control methods are set by the Commission (Art. 60(4)(a) Regulation (EU) 2021/2116).
Member States may restrict how hemp is grown, for example ban indoor hydroponic cultivation, if the restriction is suitable and proportionate for protecting public health (Case C-793/22 Biohemp Concept, 4 October 2024).
Member States must make intentional unlawful cultivation of cannabis plants and drug trafficking a criminal offence (Art. 2(1)(b) Framework Decision 2004/757/JHA, as quoted in Case C-271/23).
Rules on recreational cannabis differ widely: Germany allows adults to possess up to 25 g in public, 50 g at home and three plants (§ 3 and § 9 KCanG), while in Czechia personal use becomes a criminal offence only above 5 plants, 200 g at home or 50 g elsewhere, and plants with up to 1 % THC are excluded (§ 285 Czech Criminal Code).

“Články 34 a 36 SFEU musí být vykládány v tom smyslu, že brání vnitrostátní právní úpravě, která zakazuje uvádět na trh CBD, který je legálně vyprodukován v jiném členském státě, v případě, že je extrahován z celé rostliny cannabis sativa, a nikoli pouze z jejích vláken a semen, ledaže je tato právní úprava s to zaručit naplnění cíle ochrany veřejného zdraví a nepřekračuje meze toho, co je k dosažení tohoto cíle nezbytné.”
[Translation: “Articles 34 and 36 TFEU must be interpreted as precluding national legislation which prohibits the marketing of CBD lawfully produced in another Member State when it is extracted from the Cannabis sativa plant in its entirety and not solely from its fibre and seeds, unless that legislation is appropriate for securing the attainment of the objective of protecting public health and does not go beyond what is necessary for that purpose.”]
Court of Justice of the European Union, 19 November 2020, Case C-663/18 (Kanavape)

This overview is based on legislation and case law in the legal database Europaius. It is not legal advice.

Not long ago, we informed you about the situation surrounding CBD in our neighboring Slovakia. Although CBD was removed from the list of narcotic and psychotropic substances in most European countries, Slovakia had been an exception for a long time. However, 2021 should bring significant changes! What are they? You'll find out in today's article...

What Was the History of CBD in Slovakia?

As we already suggested, it was very interesting, but also challenging. Cannabidiol, or CBD, was considered a psychotropic substance with intoxicating effects in Slovakia for a very long time. Essentially, it was classified at the same level as hard drugs. Removing CBD from the list of banned substances was discussed in Slovakia last year, but ultimately without success.

Fines, or even imprisonment for using, possessing, or handling cannabis are quite high for our neighbors.

Removal from the "blacklist" has been a subject of discussion for many years. The main arguments for legalizing CBD were, and still are, the high potential of this cannabinoid with a wide range of possible medical uses, whether as a potential prevention of certain diseases or as a supportive method of conventional treatment.

Main Potential Effects of CBD

anti-inflammatory
pain relief of various types
help with sleep disorders
tremor reduction
antidepressant effect
reduction of anxiety
antioxidant
protection of nervous system cells
protection against oxidative stress and development of cardiovascular diseases

(Note: Possible effects of CBD are still being studied by numerous studies and should be taken with caution. They manifest differently in each person. CBD is not a medicine, but represents a potential way to support conventional treatment of a particular disease. Follow your doctor's recommendations)

What Will Change in 2021?

After years of discussions, non-psychoactive Cannabidiol (CBD) will be officially removed from the list of narcotic and psychotropic substances in Slovakia. The proposal was submitted by the liberal SaS party. With the support of most deputies, the parliament voted on the decision, and legalization of this cannabinoid is expected to occur from May 1, 2021.

However, there's a catch. CBD will be legal in Slovakia only as a substance for medical use, not as a dietary supplement for the general public. Its effects are intended exclusively for people with serious illnesses that require the use of this substance. These are primarily patients with Alzheimer's and Parkinson's disease, multiple sclerosis, or schizophrenia.

Ointments, creams, and probably some extracts should be available - these details are still under discussion.

It should be noted that CBD legalization in Slovakia does not mean e-shops are allowed to sell CBD oils and other Cannabidiol-based products. Trade in these products will continue to be regulated. Approval by the European Parliament will be required for further steps in this direction.

We will continue to follow this topic and keep you informed about updates...