LAST MINUTE: European Commission considers that CBD should not be regulated as a narcotic

Compliant reported on HempIndustryDaily, by Mónica Raymut, a publication specializing in industrial hemp, a statement was sent by the European Commission to the European Industrial Hemp Association (EIHA) and to at least one other Novel Foods authorization applicant on Wednesday. At issue is the Commission's final position that hemp-derived cannabidiol should not be regulated as a narcotic and therefore qualifies as food.

The European Commission sent a statement to the European Industrial Hemp Association and at least one other Novel Foods authorization applicant on Wednesday specifying that hemp-derived cannabidiol should not be regulated as a narcotic and therefore may qualify. like a food. The decision is a breath of fresh air for Europe's hemp industry, assuring processors and manufacturers that their edible CBD products will not be banned from the EU market.

Process marked by advances and setbacks

CBD was included in the EU's Novel Food Catalog in January 2019 and has since required extensive testing and authorization from food safety authorities before it can be included in products and marketed as food in the group's 27 member states. The European Commission, the executive arm of the European Union, announced in July, it suspended the analysis of applications for pre-marketing authorization of products with CBD under the EU Novel Foods, in order to decide whether or not CBD would be narcotic.

The Commission cited the last month's Court of Justice decision, which argued that CBD derived from the whole hemp plant is not considered a narcotic in light of international drug treaties and is therefore subject to EU legislation on the free movement of goods between member states.

The Commission's full statement to Novel Food Authorization Applicants is as follows:

“In light of the comments received from the applicants and the Court's recent judgment in case C-663/184, the Commission has revised its preliminary assessment and concludes that cannabidiol should not be considered a narcotic drug within the meaning of the United Nations Single Convention on Narcotics and Narcotic drugs from 1961 insofar as it has no psychotropic effects. As a consequence, cannabidiol can be qualified as a food, provided that the other conditions of article 2 of Regulation (EC) No. 178 / 2002 are also met.”

This is a favorable decision for the cannabis industry, which comes on the day of the vote on the World Health Organization's cannabis recommendations from the United Nations Commission on Narcotics and Narcotic Drugs. Manufacturers of foods, supplements and other products that contain CBD are no longer facing the limbo of uncertainty regarding the general ban in Europe.