Absinthe
Legal Status
U.S. FEDERAL LAW #
Caution : All legal information should be verified through other sources. [see below]
U.S. FEDERAL LEGAL SUMMARY | |
Absinthe | |
REGULATED | Yes |
STATUS | FDA Regulated |
SCHEDULE | Un-Scheduled |
In the U.S., traditional Absinthe is illegal to sell for human consumption because it contains the chemical thujone which is banned by the FDA for use in foods but allowed in some herbs known to contain thujone (Title 21, Chapter 1, Part 172.510). Some types of absinthe are sold in the U.S. which contain no thujone and other absinthes are imported into the U.S. despite FDA regulations.
A second legal issue with absinthe is that it is illegal in the United States to distill alcohol (even for personal consumption) without paying special taxes, filing paperwork & requesting a license from the Bureau of Alcohol Tobacco and Firearms. We haven't researched exactly what is involved in this process, but it seems quite complex and impractical. Some absinthe recipes call for distilling the product and some do not. So, technically a distilled absinthe could be illegal if made without a license. It is also illegal to sell any alcohol for human consumption without a license.
It is likely legal in the US to produce absinthe for one's personal use using commercially available distilled liquor and infusing one's own herbs into the alcohol, although any thujone-containing drinks are illegal to sell or distribute.
For more details about the legality of Absinthe, see Is it illegal to import Absinthe into the United States?
The following is from the Absinthe FAQ:
In the United States of America, absinthe was originally banned by Food Inspection Decision 147 in 1912. Now, thujone is banned as a food additive according to Section 801A of the Federal Food, Drug, and Cosmetic Act of August, 1972. Wormwood was included on a list of unsafe herbs which the FDA released in 1975.
The European Community Codex Committee on Food Additives has restricted the levels of thujone to 0.5 ppm (mg/kg) in food and beverages, 10 ppm (mg/kg) in alcoholic beverages containing more than 25% alcohol, 5 ppm (mg/kg) in weaker alcoholic beverages, and 35 ppm in bitters. Absinthe was banned in Belgium in 1905, in Switzerland in 1907, in Italy in 1913, and in France in 1915.
Absinthe (made with wormwood) is still available in Spain (contrary to Pendell (1995)) and reportedly in Denmark, Andorra, and Portugal as well. It has also recently become popular in the Czech Republic under the brand name "Hill's Absinth."
A second legal issue with absinthe is that it is illegal in the United States to distill alcohol (even for personal consumption) without paying special taxes, filing paperwork & requesting a license from the Bureau of Alcohol Tobacco and Firearms. We haven't researched exactly what is involved in this process, but it seems quite complex and impractical. Some absinthe recipes call for distilling the product and some do not. So, technically a distilled absinthe could be illegal if made without a license. It is also illegal to sell any alcohol for human consumption without a license.
It is likely legal in the US to produce absinthe for one's personal use using commercially available distilled liquor and infusing one's own herbs into the alcohol, although any thujone-containing drinks are illegal to sell or distribute.
For more details about the legality of Absinthe, see Is it illegal to import Absinthe into the United States?
The following is from the Absinthe FAQ:
In the United States of America, absinthe was originally banned by Food Inspection Decision 147 in 1912. Now, thujone is banned as a food additive according to Section 801A of the Federal Food, Drug, and Cosmetic Act of August, 1972. Wormwood was included on a list of unsafe herbs which the FDA released in 1975.
The European Community Codex Committee on Food Additives has restricted the levels of thujone to 0.5 ppm (mg/kg) in food and beverages, 10 ppm (mg/kg) in alcoholic beverages containing more than 25% alcohol, 5 ppm (mg/kg) in weaker alcoholic beverages, and 35 ppm in bitters. Absinthe was banned in Belgium in 1905, in Switzerland in 1907, in Italy in 1913, and in France in 1915.
Absinthe (made with wormwood) is still available in Spain (contrary to Pendell (1995)) and reportedly in Denmark, Andorra, and Portugal as well. It has also recently become popular in the Czech Republic under the brand name "Hill's Absinth."
INTERNATIONAL LAW #
Australia #
We have been told that Absinthe containing Thujone at around 7.8 mg per litre and 60% alcohol is scarce but legally available in Australia. (Thanks R)
Brazil #
Absinthe is legal and common in BRAZIL. Thujone containing absinthe is available in almost all stores and supermarkets including the brands: Camargo (Brazilian), Lautrec (Brazilian, poor quality), Pere Kerman's (French), Neto Costa (Portugese). The law in Brazil requires that Absinthe be less than 55% alcohol and at most 10mg/kg thujone, but it's not hard to find other absinthes like Hapsburg (85% alcohol). (Unconfirmed, thanks C).
E.U. #
EU rules allow beverages to contain 5 mg/kg thujone in beverages with less than 25% alcohol, 10 mg/kg in beverages with more than 25% alcohol and 35 mg/kg in bitters. (reference)
Canada #
Thujone containing absinthe is available legally in 3 provinces (Ontario & Quebec allow 10ppm thujone, BC has no limit). All other provinces have laws against thujone containing absinthe. (Thanks TOR)
Czech Republic #
Absinthe is legal and common in the Czech Republic. Thujone containing absinthe is available in stores including Tesco, a large supermarket chain.
France #
The sale of Absinthe has been prohibited in France since March 16, 1915. [Reference] In 1988, a law was passed which specified that the 1915 law only applied to products that do not comply with European Union regulations on thujone content and products which explicitly call themselves "absinthe". Thujone containing beverages are now available, often labelled as "spiritueux à base de plantes d'absinthe." Higher thujone content absinthes are also produced in France for export.
Germany #
Thujone-containing absinthe available at bars and stores in Germany, in 2002 it is quite popular in some parts of Germany and Austria
Hungary #
We have been told that Absinthe became legally available in Hungary in early 2004 but that quality and potency is generally low. (Thanks Gee)
Israel #
Thujone containing absinthe sold in some liquor stores in 2004. (Thanks AE)
Italy #
Thujone containing absinthe sold in some smartshops. (Thanks DiO-LeCclo)
Malta #
Absinthe is available in bars and clubs. (Thanks Clint)
Netherlands #
1909 ban on absinthe sales lifted Jul 2004. Thujone-containing absinthe sold in liquor stores, as long as thujone quantity remain within European-accepted levels. (Thanks Tino and Enrico)
New Zealand #
Thujone containing absinthe sold in liquor stores.
Norway #
We are told that absinthe is legal in Norway and available in liquor stores but only with low thujone content.
Portugal #
Thujone containing absinthe sold in liquor stores, bars, clubs, and supermarkets.
Russia #
Thujone-containing absinthe (with as much as 50-75 mg thujone) available, mostly in stores geared towards foreigners. (unconfirmed, Thanks K)
South Africa #
We have been told that Absinthe is being legalised in South Africa, effective January 1, 2005. (Unconfirmed. Thanks Htms)
Spain #
Thujone containing absinthe widely available.
Sweden #
Absinthe sold in all liquor stores marked as containing wormwood extract:
"In Sweden absinthe can be bought in all liquor stores (Pere Kermann's Absinthe, made in France). And the way it works in the EU is that if a product is legal in one country it is automaticaly legal in all EU countries.
It says on the front label "Spiriteux aux extraits de plantes d'absinthe" and on the back label " ingredients: alcohol, water, aroma, wormwood infusion, sugar, colouring: E131-E102. It is sold as containing thujone." - from Ulf
Switzerland #
In June, 2004, the Swiss parliament voted to end a 96-year ban on absinthe. Although absinthe had been available in most of Europe for 20 years, it had remained outlawed in Switzerland until June 14, 2004. (Thanks Spacechild)
Turkey #
Thujone containing absinthe is banned in Turkey. (Unconfirmed, thanks IS)
United Kingdom #
Thujone-containing absinthe sold in some stores (liquor stores, Tesco, Harrods) and small number of pubs, as long as thujone quantity remains within European-accepted levels. Absinthe was never banned in the UK, as the market for it ended with the banning of French exports and the belt-tightening during and after the first world war. (Unconfirmed) (Thanks Air_guitar)
If you have information about the legal status of this substance in any other country, please let us know.
CAUTION & DISCLAIMER #
Erowid legal information is a summary of data gathered from site visitors, government documents, websites, and other resources. We are not lawyers and can not guarantee the accuracy of the information provided here. We do our best to keep this information correct and up-to-date, but laws are complex and constantly changing. Laws may also vary from one jurisdiction to another (county, state, country, etc)...this list is not comprehensive.