CBD… What the FAQ? — Everything you need to know about Cannabidiol

It's in thousands of products. It is presented as the new panacea for almost all ailments and although it seems that it is legal to sell it, it is not quite so. What is Cannabidiol (CBD), what is it recommended for and what is the legal framework for this cannabinoid in Portugal? These are some of the questions we will answer in this FAQ guide.

What is CBD?
CBD, or Cannabidiol, is a molecule found in plants from the cannabinaceae family (in Latin cannabaceae) and one of more than a hundred cannabinoids found in Cannabis sativa. CBD distinguishes itself from other cannabinoids by being “one of the most prevalent active compounds in cannabis,” according to Harvard Health Publishing. It is found in all varieties of the plant, even those that, because they do not contain tetrahydrocannabinol (THC), are identified as hemp – from where it is mostly extracted. 

Can it get you 'high'?
CBD does not have psychotropic effects, that is, it does not give you a 'high'.

Does it have side effects?
According to the World Health Organization (WHO), “in its pure state, cannabidiol appears to have no potential to cause dependence or adverse effects”. The same organization also states that “natural CBD is safe and well tolerated in humans (and animals) and is not associated with any negative effects on public health”. However, when consumed in excess it can cause nausea, fatigue and diarrhea. It may also have some drug interactions – anyone taking blood anticoagulants, for example, should inform their doctor so that they can monitor the treatment. Another drug interaction that is already documented is with Clobazam, an anti-epileptic, which you can see its effect enhanced by cannabidiol. CBD is processed by the same enzymes that break down these medications in the liver, which can reduce or enhance their effect and, in high doses, alter clinical analysis values. 

How is it extracted?
There are several methods of extracting the oil, the most effective for preserving the molecule intact and the quality of the CBD is with Carbon Dioxide (CO2), in a closed cycle machine. There are other methods, such as cold pressing or infusion in natural solvents such as olive oil and coconut oil, or synthetic solvents such as ethanol, the safest being food grade ethanol. The plant's flowers must be decarboxylated beforehand (removing the CO2, upon reaching a temperature of at least 73ºC), so that the CBDA (cannabidiolic acid, or CBD in acid form, which is present in the fresh or raw plant) is transformed in CBD. This is done by subjecting it to a moderate and constant temperature, between 90ºC and 148ºC, depending on the time and heat source. This is done in order to preserve and 'activate' not only cannabinoids, but also terpenes (the components responsible for aromas). The milder the temperature and the slower the process, the less volatile substances are lost, therefore the better the results.

What are the uses and benefits?
CBD is a cannabinoid with multiple uses and benefits, already proven in numerous studies and clinical trials. The most solid scientific conclusions indicate that CBD oil is highly effective in controlling seizures and spasms in some refractory epilepsies, such as Dravet or Lennox-Gastaut. However, other preclinical studies and anecdotal evidence also reveal its effectiveness in several other forms of epilepsy. There are also preclinical studies that show that CBD is beneficial in relieving muscle and joint pain, as it acts as an anti-inflammatory.

According to a preliminary report published by the WHO in 2017, there is also evidence that CBD may have “beneficial therapeutic effects” for the treatment of Alzheimer's disease, cancer, multiple sclerosis, Parkinson's disease, Huntington's disease, rheumatoid arthritis , anxiety, depression, schizophrenia, psychosis and complications associated with diabetes, among other conditions and pathologies. On the other hand, it has also been shown that CBD can mitigate the effects of THC, counterbalancing its psychotropic effects. 

CBD can also be used as a dietary supplement without great risk – and even without medical supervision – by people who are generally healthy and who suffer from chronic pain, insomnia, anxiety or dermatological problems, among others.

It is precisely due to its countless properties and uses that the issue of CBD is, in fact, complex.

How should you take CBD?
CBD can be consumed in different ways. The most recommended is sublingual (applying drops of the extract under the tongue), so that they enter directly into the blood flow, through the veins in this area of ​​the mouth. Absorbing the molecule in the stomach (swallowing them) can reduce its effect, as it will essentially be processed by the liver. For muscle or joint pain, however, topical application of a CBD-infused oil, creams or lotions is also recommended. CBD can also be applied in patches, consumed in the form of tinctures or vaporized with appropriate devices (vaporizers or pens) for both flowers and oils. Furthermore, it can also be vaporized. The smoked form is not recommended, especially in the case of patients, as smoking has harmful effects on the lungs. More recent uses also include suppositories (although most doctors and researchers question the low bioavailability of the intestinal environment, which can have a very low effect) and vaginal ovules for indications such as menstrual pain, endometriosis, vaginitis and vaginal dryness, among others. other female conditions.

What is the recommended dose?
A maxim from the medical community that prescribes cannabinoids is “start low, go slow”, that is, start with a minimum dose and increase that dose slowly and progressively, for at least 8 to 10 weeks. There are no definitive formulas, as everything depends on each case. Doses must be determined according to the person's height, weight, age, as well as other medication used. It is also necessary to take into account the percentage of CBD in the oil or preparation that you are going to take. The greater the weight, the greater the dose; the higher the percentage of CBD, the lower the dose and frequency of intake. If you have never taken CBD, it is advisable to have medical supervision.

What about children, or pediatric patients?
According to the North American Pediatrician Bonnie Goldstein, who has about 15 years of experience treating children with cannabinoids, “in general, for pediatric epilepsy, we start with about one milligram (mg) of CBD per kilogram (kg) per day, divided into two doses. So, taking the patient's weight, multiply 1mg for each kg and we end up with a value per day. For example, a 25 kg child will start with 25 x 1 mg per day, which is equivalent to 25 mg per day, divided into two doses, one in the morning and one at the end of the day. We do this for two weeks and then increase to 2mg per kg per day, and then 3mg per kg per day and so on, for at least 10 weeks or until we feel improvements or find the ideal dose.”

What therapeutic indications are approved in Portugal for cannabis, including CBD?
In Deliberation No. 11/CD/2019, Infarmed presented a list of therapeutic indications considered appropriate for preparations and substances based on the cannabis plant:

1. a) Spasticity associated with multiple sclerosis or spinal cord injuries;
2. b) Nausea, vomiting (resulting from chemotherapy, radiotherapy and combination therapy for HIV and hepatitis C medication);
3. c) Stimulation of appetite in palliative care of patients undergoing cancer treatments or with AIDS;
4. d) Chronic pain (associated with oncological diseases or the nervous system, such as neuropathic pain caused by nerve damage, phantom limb pain, trigeminal neuralgia or after herpes zoster);
5. e) Gilles de la Tourette syndrome;
6. f) Epilepsy and treatment of severe convulsive disorders in childhood, such as Dravet and Lennox-Gastaut syndromes;
7. g) Therapy-resistant glaucoma.

What is CBD full spectrum (or full spectrum)?
Unlike oils that only have isolated or purified CBD, oils full spectrum contain all the other substances present in the plant from which they were extracted, including other cannabinoids, terpenes, flavonoids and essential fatty acids. This allows the patient to benefit from the 'effect entourage', that is, of all the therapeutic properties that other components of the plant may have, extending its therapeutic potential to other symptoms such as anxiety, depression, insomnia, etc. 

What is the difference between seed oil and extract?
The terms get confused, especially because when we talk about CBD we talk about 'extraction'. It is necessary to clearly differentiate hemp seed oil (which does not have cannabinoids) from CBD extracts, which can also be presented in the form of oils, and which are obtained through extraction from the flowers of the developed plant, whether from hemp (low THC plant) or other varieties of cannabis.

But, after all, is CBD legal or not?
In Portugal, CBD for food and cosmetic use is not clearly regulated, falling into what is called a 'grey zone'. Infarmed – National Authority for Medicines and Health Products IP insists that CBD is banned in cosmetics, having already withdrawn various products on the market.

For its part, the DGAV – General Directorate of Food and Veterinary, reiterates that CBD cannot be used in food supplements as it is a new food (novel food) not yet authorized in our country. As for hemp, whose flowers contain CBD, the DGAV states that this crop can only be authorized to produce fiber and seeds.

A 14 / 2022 Ordinance, of January 5th, which made the first amendment to the Ordinance No. 83 / 2021, of April 15, defined the requirements for the processing of requests and procedures relating to the granting of authorizations for the exercise of activities related to the cultivation, manufacture, wholesale trade, transport, circulation, import and export of medicines, preparations and substances based on the cannabis plant, both for medicinal and industrial purposes.

Ordinance 14/2022 also made an addition to Ordinance no. 83/2021, of April 15, namely Article 3-A, whose no. 2 established that “the transportation outside the agricultural holding of flowering sums containing or not the seed.”

However, based on European directives, industrial hemp farmers and traders in Portugal claim the use of the entire hemp plant, including flowers containing CBD, as it is not considered a narcotic. In fact, the Criminal Instruction Court has already ruled in favor of a merchant, forcing the Judiciary Police to return 40kg of hemp flowers to him. Despite this, the authorities, namely the ASAE – Food and Economic Security Authority, continue to seize products that contain CBD across the country.

Thus, the situation with CBD, both in Portugal and in other countries, continues to generate a lot of controversy.

The issue is that CBD is not considered a “substance”, but rather an “ingredient” and, therefore, is not part of the list of controlled substances included in the tables of the 1961 United Nations International Convention and subsequent updates.

But to understand the situation with CBD, it is necessary to explain the legal situation of cannabis in general. In December 2020, on the recommendation of the WHO, the United Nations Commission on Drugs voted to remove cannabis from table IV of substances prohibited by the 1961 Convention, moving it to table I (less dangerous substances). A WHO does not consider that cannabis presents the same level of health risk as most other substances, but even so, it has not recommended the complete removal of cannabis from the tables.

In the vote, the proposals to pass dronabinol – a synthetic form of delta-9-tetrahydrocannabinol (THC) – and its derivatives to the Table I, removing them from Table II, as well as removing cannabis extracts and tinctures from Table I. 

Regarding the WHO proposal to add a footnote to Table I, indicating that “preparations containing predominantly cannabidiol and no more than 0,2% delta-9-tetrahydrocannabinol (Δ9-THC) are not under international control”, given the evidence of its effectiveness, both natural and synthetic, in some types of medication-resistant childhood epilepsy, it was rejected by 46 members, against 6 in favor and 4 abstentions.

The reason? For some member states it would be difficult to control whether the percentage of THC contained in the products complied with legislation and if it was not going to be reclassified, it would therefore be incongruous to accept it in this case, for public health reasons. 

By being classified as a “novel foods”, CBD is not yet approved under the new food regulations to be considered 100% legal. And this is what Portuguese law and authorities (DGAV, ASAE, Infarmed and other national authorities) are based on to ban CBD in our country.

So what about the CBD products that are for sale in Portugal, are they legal or not?
It depends. Some are, because they have a note on the label or packaging that states “For Research Only”, “Decorative object”, “Collectible”, “Do not ingest”, “Not suitable for human consumption” or “Souvenir”. Therefore, its legality ends up being random, leaving it somewhat at the discretion of the agents who inspect the stores, many of whom do not have adequate training in this sector.

Furthermore, to determine the legality of a product it would also be necessary to evaluate the use that consumers will give it and the origin of the CBD that is part of the products, among other things. This is a controversial issue, which is generating great disagreement between industrial hemp producers and traders (for whom flowers or CBD extraction is one of the most profitable and interesting areas of business) and the authorities.

But, at least in Portugal, CBD for food and/or cosmetic use is not regulated, and there is no legislation that prohibits or authorizes it.

Can I import or order CBD from outside Portugal?
It's possible, but theoretically it's not legal. 

But why so much confusion?
Because there are those who discuss the relevance of this semi-ban on CBD, keeping the substance in a kind of gray area. For those with complicated or rare illnesses, having access to “medical grade” cannabis products is really essential. In all other cases, however, people also have the right to use CBD oils or edibles with quality certificates, as a supplement or like someone buying an ointment for muscle pain or vitamins in any parapharmacy. And, once again, without major risk, given the real-world evidence of CBD use where it is legal, and even where it is not. In other words, for these cases, a “therapeutic grade” CBD (a term that does not exist, but perhaps could exist), or CBD as a supplement, would be sufficient.

What about cosmetics with CBD?
In a statement published in February 2022, the Infarmed clarified that CBD extracted from “cannabis for industrial purposes” (hemp) is prohibited and cannot be used in cosmetics. In the same information circular, it can be read that “cannabis is classified in the national territory as a narcotic drug, being included in the IC table, attached to Decree-Law no. 15/93, of 22 January, in its current wording. Within the scope of this framework, the use of the cannabis plant for purposes other than medicinal purposes is prohibited, with the exception of the use of fibers (stems) and seeds of varieties with a low THC content of cannabis for industrial purposes (hemp)”.

But here we go back to the beginning: CBD is not included in the tables and is not a “substance”, but an “ingredient”. 

However, taking into account these latest prohibitionist trends in relation to the extraction of CBD from hemp for its various uses (excluding medicinal), the legality of many of these products, for producers and also for traders, is on the rocks. The medicine authority, Infarmed, as well as DGAV, are tightening the noose on hemp producers – limiting authorizations for flower production to medical cannabis companies only and making life even more difficult for those who use hemp-derived CBD to therapeutic purposes.

And yet…
In the final opinion of the Central Criminal Instruction Court, in a case that took place around five years ago in Portugal, it was alleged that the ban on CBD in our country violates the provisions of articles 34 and 36 of the Treaty on the Functioning of the European Union, which prohibit “quantitative restrictions” on imports and exports between Member States “as well as all measures having equivalent effect”. The document also determines that these provisions “are applicable without prejudice to prohibitions or restrictions on import, export or transit justified by reasons of public morality, public order and public security; protection of the health and life of people and animals or the preservation of plants (…)”, concluding that “however, such prohibitions or restrictions must constitute neither a means of arbitrary discrimination nor any disguised restriction on trade between Member States .”

And in the rest of Europe?
The discussion about the relevance of the semi-ban on CBD and the nonsense that different national legislation creates at European level has already been taken to court. And created jurisprudence.

In 2020 the European Court of Justice ruled, in the now famous Kanavape case, that “a Member State cannot prohibit the marketing of Cannabidiol (CBD) legally produced in another Member State when it is extracted from the plant Cannabis sativa in your totality".

Briefly, a French court ruled that the Kanavape, a national brand that sold vaporizers with a CBD extract, was committing illegality. The defendant – Sébastien Béguerie – appealed to the European Court of Justice (case C-663/18), which ruled that, given that CBD is not considered a drug under the Single Convention, there were no reasons to maintain that CBD extracted from the plant is a substance controlled (instead of synthetic CBD), that CBD was produced in the Czech Republic, where it is legal, and taking into account the free movement of goods within the EU, there were no consistent facts to claim that that businessman was engaging in illegal activity .

There are several key words here: “legally produced”, “medicinal purposes” and “controlled substance”. At the same time, the European Commission issued a statement in response to a request from the European Industrial Hemp Association (EIHA) for CBD was authorized as “novel foods” (new food), in which he considered that cannabidiol derived from hemp is not considered a narcotic and should not be regulated as such, and can therefore be classified as food.

In a clarification on the legal status of CBD made by Stella Kyriakides, spokesperson for the European Commission, it is explained that, taking into account that CBD or products containing it can also be considered medicines, it can only be accepted as food in within the scope of EU Regulation 2015/2283 on “novel foods”, as long as they meet the conditions determined in Article 2 of Regulation 178/2002 and the product in question is approved as such by the European Food Safety Authority (EFSA). In other words, they must be “studied case by case, to determine whether a product qualifies as a medicinal product or as a foodstuff”.

In Portugal, European legislation applies and unauthorized sales are subject to an administrative offence.

following the Kannavape case resolution, in 2020, the European Court of Justice published an opinion determining that cannabidiol (CBD) extracted from the cannabis plant should not be considered a drug in accordance with the 1961 Single Convention (in which the lists of prohibited substances were defined ).

No article published in CannaReporter, in November 2020, it was explained that, in this case, “the provisions relating to the free movement of goods within the European Union apply, since the CBD in question cannot be considered a 'drug '.

Speaking to CannaReporter, Infarmed's Medicinal Cannabis Office clarified, however, that “the use of CBD or any substance derived from cannabis for medicinal purposes requires authorization from Infarmed. The status of CBD as a controlled substance derives from the United Nations Conventions, ratified by the Portuguese State.”

This case was a milestone for those who work with cannabis and hemp. But still, since then, nothing has changed.

The semantic question
To close the subject and clarify once and for all any possible confusion, let's just recap and explain something that for some is the bane of cannabis, but that many people still don't know. And we take the opportunity to open a debate that seems relevant to us:

Cannabis and hemp plants are both of the Cannabis sativa L. species.

There are three recognized and commonly accepted varieties of Cannabis Sativa L.: Indica, Sativa and Ruderalis, which, in turn, have given way to thousands of varieties (or strains) thanks to the countless crosses that have been made over the years. Traditionally, the Ruderalis variety is a longer and less leafy plant, with a tendency to produce small flowers that are not rich in cannabinoids, cultivated to obtain fiber or for other industrial purposes – seeds, textiles, biofuels, paper, bioplastics, thinners, etc.. That is, for hemp and derivatives.

Indicas and Sativas are traditionally cultivated for medicinal, recreational, ceremonial purposes, etc., as it is mainly in these two varieties that non-pollinated female plants secrete, in their flowers, resin glands called “trichomes”, where valuable cannabinoids, terpenes and flavonoids are found.

But… (you know, in cannabis there always has to be a “but”) nowadays, the plants used to grow industrial hemp are not necessarily the Ruderalis variety. There are hybrid varieties, created from combinations with Indicas and Sativas, which can be considered hemp and used for industrial purposes, as long as they meet the following requirements, in accordance with Portuguese law:

Hemp are those plants Cannabis sativa L. that produce non-pollinated flowers with less of 0,3% THC.

Cannabis are those plants Cannabis sativa L.com closest of 0,3% THC and, therefore, capable of causing psychotropic effects.

And this is where the nut twists its tail… because hemp plants, however, can produce other cannabinoids, such as CBD (cannabidiol). However, in Portugal hemp producers cannot use the flowers, must treat them as waste or waste and cannot leave the production unit.

Therefore, a semantic question arises here that seems to be an important subject to be discussed: Only the term hemp should be used to name and label any product or derivative of the cannabis plant with less than 0,3% THC. ? Or should the taxonomic name of the botanical family be used? Cannabis sativa L. in any cannabis product, even if it is hemp? (as referred to in Ordinance 14/2022)

Would it be pertinent to define and regulate the way in which these two terms are applied? Could this put an end to some recurring problems and confusion and make life easier for authorities and producers?

We know there are defenders and detractors on both sides. Ricardo, the fictitious name of one of the owners of a CBD store that was the target of close inspection by ASAE, argues that yes, a clear distinction could make sense. “Words have meaning and the point here is to educate. But for us to educate people, they have to want to learn,” he said. Other people, like Engineer Paula Cruz Garcia, deputy director of DGAV, prefer to continue using the name of the plant Cannabis sativa L., even when it comes to hemp.

We know that it will always be difficult to reach a unanimous opinion, but the debate is on, despite the solution still having no end in sight.

__________________________________________________________________

This article was originally published in Issue #5 of Cannadouro Magazine

____________________________________________________________________________________________________

____________________________________________________________________________________________________

What do you do with €3 a month? Become one of our Patrons! If you believe that independent cannabis journalism is necessary, subscribe to one of the levels of our Patreon account and you will have access to unique gifts and exclusive content. If there are many of us, we can make a difference with little!

Margarita Cardoso de Meneses

More postsBiography

Margarita has been a regular contributor to CannaReporter since its inception in 2017, having previously worked for other cannabis-focused media outlets such as Cáñamo magazine (Spain), CannaDouro Magazine (Portugal) and Cannapress. She was part of the original team for the Portuguese edition of Cânhamo in the early 2000s and was part of the organisation of the Global Marijuana March in Portugal between 2007 and 2009.

He recently published the book “Canábis | Cursed and Wonderful” (Ed. Oficina do Livro / LeYA, 2024), dedicated to spreading the history of the plant, its ancestral relationship with the Human Being as a raw material, entheogen and recreational drug, as well as the infinite potential it holds in medicinal, industrial and environmental terms.

• Margarita Cardoso de Meneses

  https://cannareporter.eu/author/margarita/

  Maren Krings: “Hemp gave me answers to everything”
• Margarita Cardoso de Meneses

  https://cannareporter.eu/author/margarita/

  Portugal: Polytechnic Institute of Portalegre joins forces with several companies to launch a course on the production of medicinal cannabis
• Margarita Cardoso de Meneses

  https://cannareporter.eu/author/margarita/

  Farewell to the Spanish Observatory of Medicinal Cannabis
• Margarita Cardoso de Meneses

  https://cannareporter.eu/author/margarita/

  Over the last ten years, more than 35 scientific articles on cannabis have been published