Humberto Nogueira: “There is no legal basis to limit the trade in the whole hemp plant”

Humberto Nogueira, entrepreneur, industrial hemp consultant and vice-president of ACCIP – Portuguese Hemp Traders Association, says that Ordinance No. of the whole hemp plant and warns that the new rules could leave out thousands of small farmers, who could invest in hemp in Portugal. Below, the vice-president of the ACCIP comments on the new Article 14-A point by point.

«Article 3-A

Technical requirements applicable to the cultivation of the cannabis plant for industrial purposes

1 – The cultivation of the cannabis plant for industrial purposes (industrial hemp) must be carried out under suitable agronomic conditions for these purposes, and in accordance with the provisions of the following paragraphs:

a) It can only be carried out outdoors, by sowing, not being allowed to transplant plants, and no stage of plant development can occur in greenhouses, shelters or similar structures;

“It does not provide the legal basis for interfering with agronomic procedures and methods of propagating industrial hemp, as this is a certified and subsidized agricultural crop in the European Union (EU), and not an exceptional crop, as is the case with cannabis for medicinal purposes. . Likewise, it also does not justify which sanctions are applied in the event of non-compliance”.

b) The minimum area allowed, in the sum of the plots of a given agricultural holding, is 0,5 ha;

“Legally, the minimum area for registering a parcel with the IFAP is 100m², which makes the requirement of a minimum area of ​​5000m² to obtain industrial hemp cultivation authorization a limiting factor for thousands of small farmers in Portugal. Likewise, it does not justify which sanctions are applied in the event of non-compliance”.

c) The sowing density must be adequate for the purpose in view, and cannot be less than 30 kg of seed per hectare.

“It interferes with the professional goals of each producer, knowing that in most European hemp seed producers for sowing, the seed bag is sold in units of 25kg each, or 20kg in the case of some Italian varieties. It again fails to substantiate the legal basis for interfering with agronomic procedures and methods of propagating industrial hemp used by producers, which is a certified and subsidized agricultural crop in the EU.”

2 – It is not allowed to transport the flowering tops, whether or not containing the seed, outside the farm.

“It is probably the point that raises the most questions and fears among those involved in the Portuguese hemp industry. There is no legal basis to limit the trade in the whole hemp plant, especially given that in Portugal there is no industrial infrastructure for processing tons of biomass resulting from a minimum of 5000m² of hemp cultivation. At the same time, it limits the profitability of producing companies and farmers, something that is reflected in less hired labor and less fixed and seasonal employment.”

3 – Opened seed packages that contain leftover seeds not used in sowing in the agricultural season for which they were purchased cannot be used in the following year, and the farmer must keep documentary evidence of the destination given to the leftovers.

“It promotes the waste of seeds, combined with the imposition of a minimum area of ​​5000m² of cultivation and a minimum amount of 30kg of seed per hectare.”

4 – Seed packages that have been purchased and associated with rejected authorization applications must be kept with their original seal and can only have the following destinations:

a) If the rejection was not for reasons associated with the packages, the applicant may keep the packages, provided they are kept with their original closure, and they may be presented in another authorization application process;

b) If the rejection is for reasons associated with the packaging, they can be returned to their origin, or destroyed, or sent for animal or human consumption, in case they are not treated with plant protection products, and the farmer must keep, at least for three years, documentary proof of the given destination.”

“It does not allow the farmer to grow seed for sowing due to the risk of contamination from a punctured bag, but authorizes its direct processing for human and animal food. In general, there is clearly an intention in the new ordinance to completely eliminate the chances of producers obtaining profitability from the hemp flower, regardless of the purpose that the purchaser of the crop will give to the product”.