European Commission: CBD is not a narcotic!

BERLIN, GERMANY - January 2, 2021- (European Commission: CBD is not a narcotic!)

The European Commission has changed its previous assessment of CBD oil. The Court of Justice of the European Union (ECJ) has ruled that CBD oil is not a narcotic. CBD products should therefore be able to circulate between member states like any other legal product. In another letter published by the European Commission, CBD can be classified as a food. On the same day, cannabis was added back to the list by the United Nations Commission on Narcotic Drugs. The President of the European CBD Association, Cyrus Badde, and the Managing Director of a CBD online shop were very relieved by the EU Commission's turnaround.

For the entire hemp industry, the decision of the EU Commission is very important.

The letter from the MPs:

A petition that was launched, which was directed against the impending ban decision of the EU Commission. The CBD online shop sent a letter on this topic to all members of the Bundestag.

The Federal Government’s Drug Commissioner, Daniela Ludwig, has responded to this.

The Commissioner said in the letter:

"...The substance CBD itself is not known to have any intoxicating effects. Pure CBD is therefore not subject to the rules of narcotics law, as you have determined. The substance only becomes relevant under narcotics law if the THC content is more than 0,2%. If the food supervisory authority nevertheless takes action against the sale of products with a lower THC content, you can have this reviewed by means of administrative legal protection." As a result, the EU Commission has changed its stance on CBD as a possible narcotic and cleared the way for the approval of CBD as a novel food.

In this regard, the CBD distributor has informed the DG Santé (Directorate General for Health) of the EU Commission that industrial hemp itself, as well as its products such as CBD oil or hemp extracts, cannot be declared as a novel food, since there is nothing novel in this food. This view was confirmed by the judgment of the European Court of Justice in 2009 (T-234/06), which stated the following.

Court ruling on hemp extracts:

"It should also be noted that two scientific studies submitted by OHIM demonstrate that cannabis, also known as ‘hemp’, is used in the food sector in various forms (oils, herbal teas) and in various preparations (teas, pasta, baked goods and biscuits, alcoholic or non-alcoholic beverages, etc.). This is confirmed by the documents submitted by the intervener, which show that hemp is used in the manufacture of certain foodstuffs and beverages.

The toxicological analyses carried out on those products show that they contain a very low concentration of THC, well below the abovementioned threshold of 0,2%, and that they do not have any psychotropic effects. Finally, contrary to the applicant's arguments, it follows from Article 4 of Directive 88/388 that the use of flavourings which do not contain any element or substance in a toxicologically dangerous quantity is permitted.

These findings therefore show, contrary to the applicant’s arguments, first, that the term ‘cannabis’ does not refer only to drugs and certain therapeutic substances and, second, that hemp is lawfully used in the manufacture of food and beverages.”

It is therefore not surprising that the European Commission does not consider the use of hemp extracts and CBD oil as food to be “novel”, but rather to be completely normal food.

The Europe-wide 'witch hunt' against companies producing CBD should be abolished immediately. Many of these producers have been under legal pressure in the past because they labelled their hemp extracts as food.

Food safety standards have always existed. Since this food is not new, it should continue to be no more regulated than other foods. Hemp extract, derived from European industrial hemp, is perhaps the most studied food of all.

Farmers have to Hemp To be able to harvest legally, the THC content must be constantly checked in order to remain within the legal THC limits.

The European Commission's previous "preliminary assessment" classifying CBD as a narcotic drug held up the consortium's novel food applications. With the reversal of this position, the consortium's applications can now move forward.

The consortium will continue with toxicological and other tests to prove the safety of CBD, the EIHA (European International Hemp Association) informed its members in an email.

The online retailer explained:

"I think that the EU Commission's decision is groundbreaking for our industry. Nevertheless, I sincerely hope that the EU follows our suggestions and reclassifies all hemp extracts in accordance with the EU Supreme Court's decision of 2009. This would mean that all hemp extracts and cannabinoids would be treated as food unless they are presented as toxic/dangerous. I would like to express my sincere thanks to the UN and the European Commission for saving thousands of jobs in the hemp industry."

This is how chaos was averted:

Last summer, the Commission’s preliminary ruling said that non-medical CBD and other natural hemp extracts from hemp flowers – which are typically found in hemp foods, food supplements and cosmetics – should be considered narcotics in the EU. The European Court of Justice, however, ruled that CBD is not a narcotic and is binding on the EU institutions, including the Commission. If the Commission had not been persuaded to change its position, hemp stakeholders would have feared chaos for the entire sector.

Regarding CBD, the EU Commission's reversal on the approval process for novel foods creates conditions for clarification of national laws and regulations. This is necessary for a wider acceptance of CBD oil on the market, leading to potentially rapid growth, and further investment in hemp production. CBD has been available in Europe for a long time, but these unclear rules have caused problems for some shop owners and producers.