Hemp leaf infusions are legal!

European Commission clarifies legality of hemp leaves as a traditional food in Europe

Last June 2023, the European Commission clarified that hemp leaves separated from industrial hemp flowers or buds can be considered a traditional food and marketed throughout Europe. This decision marks a milestone for the European cannabis industry, which can now safely market THC-free cannabis leaves for use in infusions.

For years, the hemp industry has faced misunderstandings and confusion in some national authorities over the sale of hemp infusions. This has resulted in significant financial losses and ultimately led many to avoid selling hemp teas.

On Friday, June 2, 2023, the European Commission officially revised the Novel Food Catalogue to remove hemp leaves from the “novel food” classification, four years after the original decision to classify them as such.

The communiqué was issued by a Commission working group, providing a safe legal path for the marketing of hemp leaf teas and infusions, as well as similar food products, among the different member states of the European Union (EU). This has a very positive impact on the sector, which will result in new and better products for consumers.

This pronouncement is in part thanks to pressure from the European Industrial Hemp Association (EIHA), which has been fighting for this clarification at the European level.

EIHA works to ensure that the hemp industry is sustainable and benefits both the environment and the economy. The organization supports the development of sustainable production processes and promotes the use of hemp-based products.

What has changed from the previous situation?

Previously, hemp leaves were classified as “novel food”, as it was considered that there was no history of consumption prior to 1997, which meant that in order to be marketed as food (including infusions), they had to obtain the approval of the European Food Safety Authority (EFSA). This EFSA approval is a complex process in which more and more studies need to be collected and evaluated. It is sometimes joked that “nowadays, not even coffee would pass novel food approval” (the funny thing is that it could be true). In fact, CBD or cannabidiol is right in this legal process, and for this reason CBD oil cannot be marketed for oral use.

As of last Friday, June 2, hemp leaves have been officially recognized as a traditional foodstuff in EU documentation.

The reason for this legal change in the classification of hemp leaves is because the EIHA has been able to prove its consumption history. EU regulations on novel foods place a limit on the lack of consumption history prior to 1997.

Now, having been tested for consumption, hemp leaves are already considered “traditional foods” and can be legally sold in European Union countries as teas and herbal infusions, without the express approval of EFSA.

Ultimately, the European Commission’s decision not only brings clarity to the hemp industry, but also highlights the importance of scientific and historical evidence to overcome biases and establish consistent regulations on food trade, including hemp leaves. It is to be expected that in the coming years we will have new products on the market with hemp leaves, and it is likely that some of these products can be found at Cannactiva 😉 Stay tuned, there are new products coming!