Cannabis Legislation In Denmark (Laws, Cultivation Practices & More)

Learn the latest developments on cannabis legislation in Denmark, which includes laws, cultivation practices, and more.

Curious about the latest regulations on cannabis production Denmark? The complexities of cannabis legislation in Denmark can be a challenge, especially when you’re a cannabis grower or producer. Know the regulations and compliance in Danish cannabis legislation, and explore how to optimize your growth operation in this environment.

GrowerIQ’s cannabis production software can help you manage your operation and stay in compliance with Danish regulations. Our software allows you to streamline your processes, maintain accurate records, and optimize your production for the best results. With the right tools, you can better understand the legal requirements and best practices to help you succeed in the Danish cannabis industry.

Cannabis Legislation In Denmark

Possession of Cannabis in Denmark

In Denmark, it is illegal to possess cannabis, according to the Consolidated Act on Controlled Substances (2016). If caught, individuals can face a fine or imprisonment penalty, with a maximum two-year sentence. While personal use of cannabis is not explicitly listed as a crime, mere possession is considered a prosecutable offense. 

The punishment typically involves:

• Fine, the amount of which is dependent on the quantity of cannabis in possession, along with any previous offenses committed. 
• As cannabis is generally considered a soft drug, the usual fine is around €70. 
• Driving under the influence of cannabis may result in a larger fine and an increased potential for imprisonment. 
• Possessing 10kg or more of cannabis is considered a more serious crime under Section 191 of the Criminal Code, punishable by 10 to 16 years’ imprisonment.

Selling Cannabis in Denmark

The sale of cannabis is also illegal in Denmark, with penalties that include fines or imprisonment. While the general sale of cannabis remains prohibited, the Laegemiddelstyrelsen medicines agency has issued permits to 12 companies for the production and sale of cannabis for medicinal purposes.

Growing Cannabis in Denmark

Cultivating cannabis plants is considered illegal in Denmark. There exists a gray area concerning the purchase or sale of cannabis seeds. While it is not unlawful to purchase or sell seeds, growing cannabis plants at home is still considered an offense under the law. Despite the perception that growing plants at home does not directly support illegal drug distribution, it is still punishable by law.

Medicinal Cannabis In Denmark

Denmark has approved the cannabinoids:

• Sativex
• Marinol
• Nabilone

Sativex is based on an extract of the cannabis plant, while Marinol and Nabilone contain synthetically produced cannabinoids. 

Danish Medicinal Cannabis Pilot Program

On January 1, 2018, the Danish Medicines Agency established the medicinal cannabis program. This four-year pilot scheme granted 12 companies permits for growing, cultivating, and distributing medicinal cannabis in the country. This trial is specifically aimed at herbal cannabis (plant material) and is, therefore, different from the abovementioned cannabinoid-based medications.

The companies needed licenses for each medicinal end-product process to gain a permit. They are now free to distribute their products to approved suppliers (e.g., doctors and pharmacies in Denmark).

Denmark’s Ambitions in the European Medicinal Cannabis Market

The country anticipates becoming one of the largest producers of medicinal cannabis in Europe. They will be subject to strict regulation stipulated by three public bodies: 

• The national police
• Landbrugsstyrelsen agricultural agency
• Laegemiddelstyrelsen (the Danish Medicines Agency).

The Danish cannabis market previously faced shortages of readily available flowers or formulated products. All products were imported from licensed producers under EU-GMP guidelines.

Danish Medicinal Cannabis Pilot Program Receives a Four-Year Reprieve

Denmark’s medicinal cannabis pilot program was due to finish at the end of December 2021 following a four-year trial period. However, after the government agreed to extend the trial in May 2021, Danish patients will now be able to access medicinal cannabis for another four years.

The decision has been welcomed by EU-GMP producers approved to supply Denmark’s cannabis market, including Australian producer Canopy Growth and Canadian giant Aurora.

Danish Partnership for High-Quality Cannabis

Auroras European subsidiary, Aurora Nordic, joined with Danish horticulturalists Gartneriet Alfred Pedersen & Son (famous for their Katrine & Alfred Tomato) to produce medicinal cannabis of the highest grade.

Aurora Nordics’ 9,200 m², high-tech cultivation facility in Odense, Southern Denmark, is set to produce a maximum output of approximately 10,000 kg per year of high-quality cannabis products.

Aurora CEO touts European expansion as a big step for the company

Chief Executive Terry Booth expressed his thoughts regarding the expansion: “This partnership is a big step for Aurora because it makes us the leading cannabis company in Europe.” Booth also acknowledges that with a market of more than 400 million people. This will efficiently accelerate our international growth.

Denmark’s Ministry of Foreign Affairs confirmed their plans for building Europe’s leading ecosystem for medicinal cannabis. Ministers expect Denmark to prosper in the industry, with more than 200,000 square meters of high-tech cultivation facilities currently being constructed.

With 42 licensed cannabis companies nationwide and more applications submitted, Denmark looks to become a leading player in the European market.

Uncomplicate Your Cannabis Production

Cannabis growers face challenges in managing reporting, documentation, and compliance requirements due to the complexity of regulatory frameworks, evolving legal standards, and the need for accurate record-keeping in a highly regulated industry. At GrowerIQ, our software aims to provide cannabis growers with a comprehensive solution for managing their cultivation operations, ensuring compliance, optimizing quality, enhancing efficiency throughout the seed-to-sale process, and overall uncomplicating the production process. 

GrowerIQ provides cannabis growers with a comprehensive solution for:

• Managing their cultivation operations
• Ensuring compliance
• Optimizing quality
• Enhancing efficiency throughout the seed-to-sale process

Is CBD legal In Denmark?

The legal situation regarding CBD products in Denmark is quite complicated. 

• Before 2018, CBD oils and other products containing CBD were only available by prescription. 
• In July 2018, the Danish Ministry of Health amended the Executive Order on euphoric substances, legalizing cannabis products with up to 0.2% THC – the psychoactive substance. 

Products like CBD oils and food products that contain them are completely legal and can be bought without a prescription through various distribution channels. According to the Danish Medicines Agency and the Danish Veterinary and Food Administration (DVFA), CBD is subject to several regulations, so it is impossible to say conclusively whether all CBD products containing less than 0.2% THC are legal.

Strict Regulations for CBD Products

Selling CBD Products in Denmark

Manufacturers who want to produce and sell dietary supplements must obtain a permit from the DVFA, confirming that the product complies with dietary supplement regulations. Therefore, virtually all CBD products imported from abroad, even though they have less than 0.2% THC, theoretically do not meet the DVFA requirement and are not allowed on the market. 

Illegal CBD Products Sold

Some CBD preparations sold online on Danish websites, and even those sold as stationery, that do not meet DVFA requirements may be illegal—even if they contain less than 0.2% THC. You can still find many unregulated products on shelves and online whose manufacturers do not comply with the Danish Medicines Agency, DVFA, or novel food regulations. 

Strict Controls for Prescription CBD

Prescription CBD preparations are subject to strict production and marketing controls. They fall under the provisions of the Danish Medicines Act or the Hemp Treatment Pilot Program Act.

Related Reading

• Hemp cultivation in Denmark

Industrial Hemp In Denmark

Under EU and Danish law, industrial hemp cultivation has been legal in Denmark since 1998. Specific regulations must be followed to ensure compliance with the law. One crucial stipulation is that the plant’s THC content must not exceed 0.2%. This requirement is in line with EU regulations on industrial hemp production, ensuring that the hemp plant used for commercial purposes does not contain high levels of THC, the psychoactive component found in marijuana.

Differentiating Between Hemp Products

Understanding the distinction between various hemp products and their legal status in Denmark is essential. For example, hemp foods such as cold-pressed oil, protein, or seeds made from hemp seeds are subject to separate regulations compared to CBD-containing foods. Although there are trace amounts of cannabinoids present in hemp seeds, the hemp foods themselves are not considered Novel Foods, as they do not contain CBD. This distinction is crucial for producers and consumers to navigate the regulatory landscape accurately.

Novel Food Regulations

Any food product containing CBD in Denmark falls under Novel Food regulations. These regulations are designed to ensure the safety and quality of novel foods introduced into the market, including those containing CBD. Producers and distributors of CBD-containing foods must comply with these regulations to avoid penalties or legal issues related to non-compliance.

Compliance and Regulation

Industrial hemp producers in Denmark must ensure that their cultivation practices adhere to the established laws and regulations governing the industry. By maintaining THC levels below the legal threshold of 0.2%, producers can continue to cultivate industrial hemp legally. Understanding the differences in regulations for various hemp products, such as CBD-containing foods and hemp-based products, is crucial for navigating the complexities of the cannabis legislation in Denmark.

Is Denmark Likely To Legalize Recreational Use?

In early 2022, members of the Danish parliament proposed a five-year recreational cannabis program that would reflect the country’s 2018 medicinal cannabis pilot program. The program would allow sales at state-controlled cannabis outlets and legalize:

• Buying
• Possessing
• Growing
• Consuming recreational cannabis in Denmark.

With this proposed bill, the sweeping wave of cannabis legalization across Europe, and the grassroots efforts of pro-cannabis groups in Denmark, the possibility remains that change may be on the horizon.

Home Cultivation And Freetown Christiania

Cannabis cultivation at home remains illegal in Denmark. Surprisingly, though, you can legally and readily purchase cannabis seeds within the country.

Freetown Christiania, a small neighborhood in Copenhagen, is famous for its history of illicit hashish trade. Known as The Greenlight City, the iconic pusher street was once the epicenter of open cannabis trade. Following a 2016 shooting, local residents removed the pusher street stalls, and it was estimated that cannabis sales dropped by about 75%.

In 2021, cannabis was able to return to being sold openly in Freetown. As of 6 April 2024, Christiania residents started to remove the cobblestone from Pusher Street to renovate the street and remove hash sales from the region. This marks the end of a 40-year period when individuals would openly sell hash on the street, mostly without worry. The residents there have also received a 14.3 million Kroner (1.3 million USD) grant from the government to help fund the street renovation.

Related Reading

• Hemp Cultivation
• Cannabis For Medical Use

Uncomplicate Your Cannabis Production Today With GrowerIQ!

Like cannabis growers in many other countries, Danish cannabis growers face challenges in managing reporting, documentation, and compliance requirements due to the:

• Complexity of regulatory frameworks
• Evolving legal standards
• The need for accurate record-keeping in a highly regulated industry

In this challenging landscape, GrowerIQ is a software solution designed to provide cannabis growers with a comprehensive approach to:

• Managing their cultivation operations
• Ensuring compliance
• Optimizing quality
• Enhancing efficiency throughout the seed-to-sale process
• Overall uncomplicating the production process

Seed-to-Sale Tracking

Seed-to-sale tracking is an essential component of modern cannabis production, especially in a regulated market like Denmark. This functionality helps cannabis growers track their crops from the moment the seeds are planted until the final product is sold to consumers. This level of tracking is vital for compliance, as regulations require detailed documentation on the production process from start to finish.

Quality Management

Quality management is another crucial aspect of cannabis production, particularly in Denmark, where stringent regulations aim to ensure safe and high-quality products for consumers. GrowerIQ provides tools to assist growers in monitoring and maintaining quality at every stage of the cultivation process, from planting to harvesting, processing, and packaging. This approach helps ensure the end product meets the required standards, avoiding compliance issues and consumer dissatisfaction.

Cultivation Planning

Efficient cultivation planning is essential for maximizing yields, reducing costs, and streamlining production processes. GrowerIQ offers advanced functionalities to assist cannabis growers in planning their cultivation activities effectively. By optimizing planting schedules, resource allocation, and harvesting timelines, growers can achieve higher yields and improve overall operational efficiency, which is crucial in a competitive market like Denmark.