Legal status of hemp and CBD are being reviewed

Industrial Hemp, a non-psychoactive variety of the plant species Cannabis Sativa L., it is a legal agricultural crop and eligible for subsidies on its production.

Then a Cannabidiol (CBD) seizure in the Azores and denial that is not a denial of INFARMED on the legal status of this cannabis substance, the legal framework for the production of cultivated hemp is now being revised again by the services of the Ministry of Agriculture.

In 2018, the discussion on the legalization of cannabis for medicinal purposes began, followed by different parliamentary hearings in the specialty committee. Cannabis is under debate, however, the discussion of medical cannabis is now accompanied by a review of the legal status for the production and trade of industrial hemp.

Cooperative's hemp field, relative to the 2017 crop Image: The Faia Collective

A reliable source assured Cannapress that several entities such as INFARMED, the Directorate General for Agriculture and Veterinary Medicine (DGAV) or the Ministry of Agriculture are currently in talks to review the legal statute applicable to the production and processing of hemp for industrial purposes, in order to put an end to the applicants' questions for which the institutions had no answers.

What does the legislation say?
Industrial hemp is a plant variety registered in the Common Catalog of Agricultural Varieties and Species of the species Cannabis Sativa L.. The matter is complicated when the IC table is attached to Decree of Law n.º 15/93, of January 22nd, which includes the various compounds and derivatives of Cannabis, and also has the following paragraph: “They are considered to be registered in this table all the salts of these compounds, as long as their existence is possible“.

The second chapter of this law, concerning “Authorisations, supervision and medical prescriptions” is regulated by INFARMED, through Regulatory Decree no. 61/94, of 12 October. This document lays down new rules, taking into account international law and Community law, to improve the effectiveness of control measures on precursors and other substances used in the manufacture of drugs.

The second section of the second chapter of the regulatory decree in question, concerning “Cultivation, production and manufacture”, establishes in number 1 of Article no. , for medical, medical-veterinary or scientific research purposes, must request it from INFARMED.”

However, in 1999, this regulatory decree was amended which resulted in a new wording of article 13, which included point 4 which states that: “In the case of hemp cultivation for industrial purposes, the varieties of Cannabis sativa L , included in Annex B to Commission Regulation (EEC) No 1164/89 of 28 April, as amended by Commission Regulation (EEC) No 2814/98 of 22 December, the duties of control will be carried out by the National Institute for Agricultural Intervention and Guarantee jointly with the Judiciary Police, in terms to be defined by joint order of the Ministers of

Justice and Agriculture, Rural Development and Fisheries.”

However, there is no entity that centrally assumes the control functions provided for by law. In fact, the lack of control and communication between institutions and farmers has resulted in a slow and bureaucratic scenario for entrepreneurs who look to the culture of this agricultural species as their main source of livelihood.

Farmers not contacted
So far, there has been no contact with the farmers or with Cannativa – Associação de Estudos sobre Canábis in order to clarify and allow the concerns or challenges of national farmers who want to develop their activities with hemp to be fully exposed. industrial. 

Cannapor Hemp Field — Cooperative for the development of hemp, now extinct – Photo: DR // Cannapor

Cannapress contacted a commission that wants to set up a cooperative of Portuguese industrial hemp producers, where conditions are being created to streamline and differentiate licensing processes. The different procedures will take into account parameters such as the purpose of cultivation or whether the farmer acquires rights over seeds and final production.

Cannativa — Associação de Estudos sobre Canábis contacted DGAV, at the request of several of its members interested in more information about hemp. Faced with the request for a meeting, the response was that, within a few weeks, the DGAV will have more information about these processes, the result of a series of meetings that have been taking place behind closed doors between various national institutions. 

And now ?
Further developments regarding the results of these reviews are awaited. At the moment, questions regarding European regulations and their interpretation by the Portuguese State are at stake, which attributes the exploitation of industrial hemp cultivation exclusively to the production of textile fibers.

The various farmers with questions have their answers suspended until further information is available. The date of conclusion of the meetings and discussions is unknown, as well as the manner in which the rectification of this law will be governed, for which additional clarifications are awaited from the institutions involved in this process.
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Featured photo: João Costa // Cannapress

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Antonio João Costa

More postsBiography

I am one of the directors of CannaReporter, which I founded together with Laura Ramos. I am from the unique Island of Madeira, where I currently reside. While I was in Lisbon at FCUL studying Physical Engineering, I became involved in the national hemp and cannabis scene and participated in several associations, some of which I am still a member of. I follow the global industry and especially legislative advances regarding the different uses of cannabis.

I can be contacted by email at joao.costa@cannareporter.eu

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