Hemp Oil Is Legal, CBD Still Isn't - What's Actually Allowed in Cosmetics

Few ingredient categories cause more confusion than cannabis-derived cosmetic ingredients. Formulators hesitate. Brands make compliance mistakes. Consumers don't know what they're actually getting.

Let's clear this up with the actual regulatory status as of 2026.

The Quick Answer

Ingredient	EU Status	US Status
Hemp Seed Oil (Cannabis Sativa Seed Oil)	PERMITTED - No restrictions	GRAS (GRN 000778)
CBD from flowering tops/leaves	BANNED - Annex II	Not permitted as cosmetic ingredient
Synthetic CBD	Under SCCS review (SCCS/1685/25)	Unclear status

Hemp Seed Oil: Completely Legal

Cannabis Sativa Seed Oil (CAS: 8016-24-8) is the cold-pressed oil from hemp seeds. It contains:

~80% polyunsaturated fatty acids (linoleic and alpha-linolenic acid)
Gamma-linolenic acid (GLA) - rare in plant oils
Optimal omega-6 to omega-3 ratio (3:1)
No CBD (seeds don't contain cannabinoids)
No THC

                    Hemp Seed Oil Regulatory Status
                    EU Annex II: Not listed (permitted)
EU Annex III: Not listed (no restrictions)
FDA: GRAS since December 2018 (GRN 000778)
CosIng: Listed as emollient, skin conditioning agent

                

You can use hemp seed oil freely in EU and US cosmetics at any concentration. It's just a plant oil - an excellent one with great fatty acid profile, but legally no different than jojoba or argan oil.

CBD: The Banned Ingredient

Here's where it gets complicated. CBD (Cannabidiol) derived from flowering tops, leaves, or resin of Cannabis sativa is listed in EU Cosmetics Regulation Annex II - the prohibited substances list.

The relevant entry (Entry 306) prohibits:

"Natural or synthetic cannabinoids, including tetrahydrocannabinol (THC), cannabidiol (CBD), and their derivatives, except for Cannabis sativa seed oil which contains no cannabinoids."

This means:

CBD isolate - Banned
Full-spectrum hemp extract (containing CBD) - Banned
Broad-spectrum hemp extract (CBD, no THC) - Banned
Any "CBD-infused" cosmetic - Non-compliant in EU

Common Compliance Mistakes

Marketing hemp seed oil as "CBD oil" - misleading and potentially illegal
Importing US CBD cosmetics to EU - non-compliant
Using "hemp extract" that contains CBD - check the CoA
Claiming CBD benefits from hemp seed oil - false advertising

Synthetic CBD: Under Review

In October 2025, the SCCS issued preliminary opinion SCCS/1685/25 on synthetic cannabidiol. This is significant because:

Synthetic CBD isn't derived from cannabis plants
It can be produced with high purity and consistency
It potentially sidesteps the "natural cannabinoid" prohibition

The SCCS is evaluating safety data to determine if synthetic CBD can be permitted under specific conditions. Watch for the final opinion in 2026.

The Penetration Question

Even if CBD were permitted, there's a scientific question: does it actually penetrate skin effectively?

Research using IMOPE (Iterative Multi-plane Optical Property Extraction) imaging found:

Standard hemp seed oil: Remains on skin surface, limited stratum corneum penetration
Micronized hemp seed oil: Penetrates to deep epidermis toward dermis
CBD component absorption: Only 0.27-0.41% reaches lower epidermis

The larger triglyceride structure limits percutaneous absorption. Most topical CBD products may not deliver CBD where it could have effects.

What Brands Should Know

                    For EU Market
                    Use hemp seed oil freely - it's a permitted, beneficial ingredient
Never use CBD - from any natural source
Don't claim CBD benefits - from products without CBD
Verify supplier CoAs - ensure "hemp extract" doesn't contain cannabinoids
Watch synthetic CBD developments - may become permitted in 2026-2027

                

                    For US Market
                    Hemp seed oil is GRAS - use freely
CBD status is unclear - FDA hasn't approved CBD as cosmetic ingredient
State laws vary - some states permit topical CBD, others don't
No drug claims - CBD products can't claim therapeutic benefits

                

What Consumers Should Know

When shopping for "hemp" cosmetics:

Check the INCI list - "Cannabis Sativa Seed Oil" is the legal hemp seed oil
"Cannabidiol" or "CBD" on EU products - that product is non-compliant
Don't expect CBD effects from hemp seed oil - they're different substances
Hemp seed oil is genuinely beneficial - great fatty acid profile for skin barrier

The Safety Profile

One thing is clear: hemp seed oil has excellent safety data:

Sensitization: Only 1 documented case of allergic contact dermatitis in peer-reviewed literature despite widespread use
Irritation: Non-irritating at typical use concentrations
Comedogenicity: Low (rating 0-1)
No restrictions needed - decades of safe use

The Bottom Line

The cannabis confusion in cosmetics comes down to one thing: cannabinoid content.

Hemp seed oil = no cannabinoids = permitted everywhere
CBD (natural) = cannabinoid = banned in EU
CBD (synthetic) = under review = wait for SCCS

For now, embrace hemp seed oil for what it is - an excellent emollient with a unique fatty acid profile. Don't try to pass it off as CBD, and don't use actual CBD in EU cosmetics.

The regulatory landscape may shift as synthetic CBD evaluation concludes. We'll update this article as new guidance emerges.

References

EU Cosmetics Regulation 1223/2009, Annex II, Entry 306
FDA GRAS Notice GRN 000778 (Hemp Seed Oil)
SCCS/1685/25 - Preliminary Opinion on Synthetic Cannabidiol
CosIng Database - Cannabis Sativa Seed Oil