Legal recognition of hemp flowers to be discussed in the European Parliament

The European Parliament's Agriculture Committee (AGRI) approved an amendment in September recognizing hemp flowers as an agricultural product, a decision that could have a direct impact on the next CAP (Common Agricultural Policy) and the European hemp sector. The measure, which also includes the possibility of revising the permitted THC limit, will be put to a plenary vote and could transform production and marketing rules in the European Union starting in 2027.

For years, the Common Agricultural Policy (CAP) explicitly recognized only some parts of the hemp plant, such as seeds and fiber, leaving out flowers and leaves—a particularity that was exploited by the Portuguese government. The interpretation of EU legislation sui generis created additional difficulties for farmers and businesses in Portugal.

However, in August 2025, the European Commission presented a proposal to amend the Common Agricultural Policy (CAP) and the Common Market Organization (CMO) to recognize all parts of the hemp plant as an agricultural product. The European Parliament's AGRI Committee (Agriculture and Rural Development) subsequently voted in favor of this proposal on September 8, 2025, approving an amendment that explicitly includes hemp flowers.

"Recognizing hemp flowers as an agricultural product could open up producers' access to CAP subsidies, rural financing, and environmental support, putting hemp on an equal footing with other agricultural crops."

When all seemed lost, behold, “a light appears in Brussels”

Applying for authorization to grow hemp is disproportionately bureaucratic, as several farmers testify.

When we look to Brussels, where the recognition of hemp flowers as a legitimate agricultural crop is being discussed, we feel that in Portugal the debate seems to have frozen in time, with hemp being treated as if it were a threat to public order, subject to bureaucracy worthy of a Kafkaesque novel: authorizations that never arrive, requests for unnecessary documents, creative and disproportionate interpretations of the law, and farmers who need to understand more about law than agriculture to understand whether or not they can sow. Not to mention the countless confusions and seizures by the GNR (National Republican Guard).

In Europe, there's talk of subsidizing hemp flowers, creating a regulatory framework that allows competition, and even raising the THC limit to 0,5%. In the offices of the General Directorate of Food and Veterinary Medicine in Lisbon, a plant with 0,3% THC continues to be treated as if it were hiding an entire cartel inside its pot, while the medicinal sector is challenged by mega-trafficking operations, such as "Erva-Daninha."

Real impact for farmers and industry

Recognizing hemp flowers as an agricultural product could open up producers' access to CAP subsidies, rural financing, and environmental support, placing hemp on an equal footing with other agricultural crops. For the industry, the approval of these proposals will represent greater regulatory clarity, which will reduce legal risks and provide a more stable framework for investments in products derived from the hemp plant.

However, challenges remain, such as the permitted THC limit for industrial hemp (which under the current CAP is 0,3%). However, several MEPs advocate raising it to 0,5%, bringing the EU closer to competing countries.

Next Steps 

The next step will be a plenary vote in the European Parliament, scheduled for next month, followed by trilogue negotiations between Parliament, the Council and the Commission.

The European Industrial Hemp Association (EIHA) welcomed the approval on 8 September by the European Parliament's Agriculture Committee (COMAGRI) of an amendment that explicitly recognizes hemp flowers as a lawful agricultural product, provided the variety is registered in the EU catalogue and respects THC limits.

"This is a strategic step for the hemp sector," said Francesco Mirizzi, Director General of the EIHA, adding that Parliament's proposal "responds to farmers' needs and aligns EU rules with market realities. For too long, companies have faced varying national restrictions on flowers, putting livelihoods at risk. This must end," he said.

The European Industrial Hemp Association anticipates a difficult debate in the Council, where EU member states will finally have to clarify their position on the full legalization of the hemp plant. If the outcome of the interinstitutional discussions is favorable, the new rules could come into force as early as next summer, depending on the adoption timetable.

See the European Industrial Hemp Association Press Release here
PR-CMO-vote-EIHA

See here the draft submitted for discussion:
AGRI-AM-773314_EN

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Antonio João Costa

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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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