What is CBD?
The cannabis plant, which is also known as hemp when used for industrial purposes, contains more than 100 types of cannabinoid. Cannabinoids are chemical compounds, with CBD (cannabidiol) and THC (tetrahydrocannabinol) being the best characterised of those found in the cannabis/hemp plant. CBD can also be found naturally in other plants, but not at the same concentration as in cannabis/hemp. CBD can also be produced synthetically.
CBD is not considered a narcotic drug and is not a controlled substance in Ireland under the Misuse of Drugs Act 1977.
What is the legal status of CBD as a food or as a food ingredient in the EU?
The inclusion of CBD in food in the EU is subject to the EU novel food Regulation (EU) 2015/2283. The information currently available to EU Member States and the EU Commission is that CBD is an unauthorised novel food and therefore, in accordance with Article 6.2 of the novel food Regulation, should not be used as or in food.
A number of applications for novel food authorisations for both synthetic and hemp-derived CBD have been submitted to the EU Commission. However, the process is not yet completed and therefore those products cannot be placed on the EU market.
What are novel foods?
A novel food is a food that was not consumed to a significant degree within the EU prior to May 15, 1997. As of January 1st 2018, the placing of novel foods on the EU market must be authorised in accordance with Regulation (EU) 2015/2283 on Novel Foods.
What is Tetrahydrocannabinol (THC)?
Tetrahydrocannabinol (THC) is one of the 100+ cannabinoids found in the cannabis/hemp plant and is the principal psychoactive/psychotropic constituent found in recreational cannabis.
As a narcotic drug, THC falls outside of the definition of “Food” under EU food law (specifically Regulation (EC) No 178/2002) and in Ireland it is a controlled substance under the Misuse of Drugs Act 1977. With the exception of hemp seeds and derived products, there is no regulatory threshold or tolerance for the presence of THC in food under the Misuse of Drugs Act 1977. Therefore, a product (other than hemp seed or derived products) containing any level of THC is classed as a narcotic drug.
Hemp seed and hemp seed-derived products
Hemp seeds do not produce or store cannabinoids. However, low levels of CBD and/or THC may be present on hemp seeds or in hemp seed-derived products as a result of contamination by surrounding plant material during harvesting, processing, storage or handling. Regulation (EU) 2023/915 sets a maximum threshold for THC (specifically Δ9THC) in hemp seeds and products derived from hemp seeds. The Misuse of Drugs Regulations were amended accordingly by S.I. No 150 of 2023.
Status of plant material from the hemp plant in Ireland
Regardless of the presence or absence of THC, cannabis/hemp plant material falling within the scope of the Misuse of Drugs Act 1977 may not be placed on the market in Ireland as food. This includes products such as “Hemp teas” that can consist of hemp leaves, flowers or buds.