Regulatory status of cannabis/hemp plant material in Ireland (Misuse of Drugs Act)
The cannabis plant is also known as hemp when used for industrial purposes. Any plant in the genus “Cannabis” is classified as a controlled drug in Ireland, falling within the scope of the Misuse of Drugs Act 1977 (as amended). Any part of the “Cannabis” plant falls within the scope of the Misuse of Drugs Act 1977, with the exception of the following after separation from the rest of the plant:
(a) mature stalk of any such plant,
(b) fibre produced from such mature stalk, or
(c) seed of any such plant.
Hemp seed and hemp seed-derived products
Hemp seeds do not fall within the scope of the Misuse of Drugs Act in Ireland. Hemp seeds and hemp seed derived products such as hemp seed oil and hemp seed flour do not fall within the scope of the EU Novel Food Regulation EU 2015/2283. This means that hemp seed and derived products can be used as or in food without further authorisation in Ireland.
Cannabinoids
Hemp contains more than 100 types of cannabinoids. Cannabinoids are fat-soluble chemical compounds, with CBD (cannabidiol) and THC (tetrahydrocannabinol) being the best characterised.
Cannabinoids are not produced or stored within hemp seeds. However, low levels may be present on the surface of hemp seeds or in hemp seed-derived products due to contamination by surrounding plant material during harvesting, processing, storage or handling. Cannabinoids are also found naturally in other plants, although not at the same concentration as in hemp, and can also be produced synthetically.
Cannabidiol (CBD)
The use of cannabidiol (CBD) as or in food or food supplements in the EU is subject to the Novel Food Regulation (EU) 2015/2283. The information currently available to EU Member States and the Commission is that CBD is an unauthorised novel food and therefore, in accordance with Article 6.2 of the novel food Regulation, it cannot legally be placed on the EU market as or in food or food supplements.
Several applications for novel food authorisation of both synthetic and hemp-derived CBD have been submitted to the EU Commission. However, as the authorisation process is not yet complete, those products cannot legally be placed on the EU market. CBD is not considered a narcotic drug and is not a controlled drug in Ireland under the Misuse of Drugs Act 1977.
Novel foods
A novel food is a food that was not consumed to a significant degree within the EU prior to 15 May, 1997. As of 1 January, 2018, the placing of a novel food on the EU market must be authorised in accordance with the Novel Food Regulation (EU) 2015/2283.
Tetrahydrocannabinol (THC)
Tetrahydrocannabinol (THC) is one of the 100+ cannabinoids found in hemp and is the principal psychoactive/psychotropic constituent found in recreational cannabis.
Because it is listed as a narcotic or psychotropic substance in the United Nations Convention on Psychotropic Substances, 1971, THC falls outside the definition of “Food” in accordance with Article 2(g) of Regulation (EC) No 178/2002.
THC is also a controlled drug in Ireland and falls within the scope of the Misuse of Drugs Act 1977. There is no legal threshold or tolerance in Ireland under the Misuse of Drugs Act for the presence of THC in food, except for hemp seed and hemp seed derived food products. The Misuse of Drugs Act was amended by S.I. No 150 of 2023 to take account of the maximum levels of contaminating THC (specifically Δ9THC) in hemp seeds and food products derived from hemp seeds as established by Regulation (EU) 2023/915.
Therefore, food products (other than hemp seeds or hemp seed derived products) containing THC at any level are classified as controlled drugs in Ireland in accordance with the Misuse of Drugs Act.
Hemp seed oil versus hemp oil
Hemp seed oil is derived exclusively from hemp seeds and does not fall within the scope of the Misuse of Drugs Act in Ireland or the EU novel food Regulation.
Hemp oil is derived from various parts of the hemp plant, including those plant parts classified as controlled drugs under the Misuse of Drugs Act. In addition, hemp oil naturally contains varying levels of THC which is a controlled drug within the scope of the Misuse of Drugs act in Ireland.
Therefore, hemp oil (even cold pressed hemp oil) from a part of the plant that is classified as a controlled drug under the Misuse of Drugs Act is also considered a controlled drug. In addition, the presence of any level of THC also brings hemp oil within the scope of the Misuse of Drugs Act in Ireland.