Cannabis as an ingredient in food or supplements (Sweden)

The sale of Cannabis sativa products in Sweden is regulated by narcotics, pharmaceutical and food legislation. The narcotics and pharmaceutical legislation are national and takes precedence over the otherwise applicable food legis-lation. This means that if a product is classified as a narcotic or a pharmaceutical in Sweden, it is not classified as food. Seeds and products made from seeds such as flour, hemp protein, hemp seed butter and oil may be used as food. CBD (cannabidiol), cannabinoids other than CBD and all parts and products of Cannabis sativa L. from varieties other than those eligible for support under the EU Common Agricultural Policy and which are cultivated after an ap-plication for direct support for such cultivation has been submitted to the competent authority, may not be used as food. The same applies to leaves, flowers, and “buds” which are subject to narcotics legislation and may be consid-ered narcotics in Sweden. Furthermore, CBD oil or products containing CBD oil cannot be sold as food in Sweden. CBD oil is considered a “novel food” by the EU and, as such, must go through an approval process. In some cases, prod-ucts containing CBD are classified as pharmaceuticals and fall under pharmaceutical legislation. Whether a product is classified as a pharmaceutical is decided by the Swedish Medicines Agency. The legal situation for imported hemp products and products other than seeds of the plant Cannabis sativa is still un-clear, as some products may fall under narcotics legislation. There are limits for tetrahydrocannabinol (THC) in hemp seeds and hemp seed products. The limits are set out in Regulation (EU) 2023/915 on foreign substances. Different products may also have different serving sizes or instructions on how much of the food should be eaten, which also affects how much THC a consumer can ingest. For example, if a porridge contains hemp flour, the European Food Safety Authority's values for body weight for infants, toddlers and children should be applied. In summary, Sweden is among the jurisdictions which apply strict interpretations and limits to cannabis-related products.

This is general information rather than legal advice and is current as of 30 May 2024. We recommend you contact a specialised food lawyer for legal advice for your particular circumstances to support commercial decisions which could impact your product or business.

Per Lidman