If they see it as illegal goods they will confiscate & destroy and probably sue you too. That’s why I contacted authorities before making an order. I asked FAGG (federal agency for medicine), FAVV (federal agency for food safety) and customs about it. If something goes wrong, at least I have something to defend myself with.
It think it’s best to contact authorities in your country. In Belgium this was very easy and I got an answer within days from people high up the chain, like the head of FAGG and a lawyer working for FAVV. They also released a document with frequently asked questions. I’ll translate some of it as it’s in Dutch and French:
What does the legislation under the responsibility of the FAMHP say about products containing CBD (cannabidiol) or parts of a cannabis plant derived from a cannabis plant with a content not exceeding 0.2% THC and THC-acid (also called hemp)?
CBD is currently not endorsed by the Royal Decree of 6 September 2017 on the regulation of narcotic drugs and psychotropic substances. Also cannabis plants (and derivatives) with a content not higher than 0.2% THC (+ THC-acid), as they are grown for the fibres, are not subject to this royal decree.
This means that the Drugs Act (Act of 24 February 1921, see above) does not apply, but this does not mean that anyone with CBD or hemp can simply manufacture or sell products. The legislation on medicines, food (supplements), cosmetics … must be respected.
Products based on CBD can meet the definition of a medicine, depending on its composition (daily dose of CBD) and/or the presence of therapeutic indications (=on the packaging or in the information and advertising for the product).
Therapeutic CBD products are therefore medicines and cannot simply be put on the market. These products must have a marketing authorisation (MA), be produced and marketed by pharmaceutical companies, and can only be supplied by pharmacies.
To date, no drug has been authorised in Belgium with only CBD. In Belgium, Sativex is licensed, but this is a combination of CBD and THC.
In the United States of America a drug against epilepsy based on cannabidiol has been licensed.
For more information about the authorisation procedure for herbal medicines, please contact firstname.lastname@example.org.
What does the legislation under the responsibility of the FPS Public Health say about products containing CBD (cannabidiol) or parts of a cannabis plant derived from a cannabis plant with a content not exceeding 0.2% THC and THC-acid (also called hemp)?
For detailed questions on this subject, the FAMHP refers you to the FPS Public Health, Food Chain Safety and Environment, which is responsible for this matter.
Even if a preparation, due to a low dose and the absence of therapeutic indications, is not a medicine, it is still very difficult to market it as a food supplement, because food supplements enriched with CBD are considered to be novel foods. Novel foods may not be placed on the market without prior authorisation under Regulation (EU) No 2015/2283, which is not yet the case for CBD. The sale of such food supplements on the basis of CBD is therefore not permitted.
For more information and to know the current status, please contact the FPS Public Health, Food Chain Safety and Environment at email@example.com and firstname.lastname@example.org.
We note that products based on CBD are also marketed as cosmetics. CBD in cosmetics is subject to the restrictions laid down in Annex II to the European Regulation (EC) No 1223/2009 on cosmetic products, and in particular to point 306, which prohibits the ingredients listed in Tables I and II of the Single Convention on Narcotic Drugs, signed in New York on 30 March 1961.
Cannabis extracts and tinctures are therefore prohibited, with the exception of extracts obtained from seeds and leaves when they are not accompanied by the flowering or fruit-bearing buds of the cannabis plant. In addition, the person responsible for placing on the market in the European Union must have a technical file drawn up for each cosmetic product and keep it at the disposal of the authorities in accordance with the provisions of European Regulation 1223/2009.
If you have any questions about cosmetics, please contact email@example.com.
Cannabidiol-based products are also sometimes marketed as vaporising liquids for electronic cigarettes. Again, there is the same risk that they may fall within the definition of a medicinal product by therapeutic indications or by the daily dose.
What does the legislation say about products (other than those listed above) containing CBD (cannabidiol) or hemp?
If the product is not intended for human or animal consumption and there are absolutely no therapeutic indications, directly or indirectly, this can in principle be marketed (e.g. dried plant parts for decorative purposes or potpourri).
Translated with DeepL.
So basically you can’t make topicals, make edibles, make claims about health benefits, can’t even sell it for human consumption or smoking, can’t advertise it or put pictures on your website, yet it’s not illegal. They actually stated that you can sell the flowers as ‘pot pourri’ and many people opened up shops and did exactly that. All of them were harassed by police. Within months there was a new law and now flowers have to be sold with tax bands as a tobacco alternative. CBD boosters and oil are still being sold though by many vape shops, as well as isolate.