Analysis of hemp products

Based on Annex I letter a of the BtMG, cannabis seeds are exempt from the narcotics regulations, provided they are not intended for illicit cultivation. This means that cannabis seeds and foodstuffs made exclusively from cannabis seeds are not subject to the BtMG. Hemp seeds do not naturally contain any cannabinoids.

However, hemp seeds can be contaminated with cannabinoids during extraction and processing, which is why maximum THC levels are defined in Regulation (EU) 2023/915. For example, a THC maximum level applies to hemp seeds (3 mg/kg), ground and or (partially) defatted hemp seeds and products derived exclusively from hemp seeds (3 mg/kg) and hemp seed oil (7.5 mg/kg). There is no Europe-wide standardized limit value for THC in other foods. Regular analytical monitoring is therefore extremely important.

Unlike seeds, other parts of the plant such as leaves or flowers of industrial hemp are only exempt from the BtMG under certain conditions. According to the exemptions for industrial hemp (Annex I BtMG letter b), plants and plant parts of plants belonging to the genus Cannabis are only exempt from the narcotics regulations if they:

• originate from cultivation in countries of the European Union with certified seeds (industrial hemp) of varieties listed in the current version of the common catalog of varieties for agricultural plant species of the EU
• or whose Δ9-tetrahydrocannabinol (THC) content does not exceed 0.3%
• and if the trade with them (with the exception of cultivation) serves exclusively commercial or scientific purposes that exclude misuse for intoxication purposes.

The latter in particular – i.e. misuse for intoxication purposes – cannot always be completely ruled out for unprocessed or merely processed plant parts (e.g. dried and chopped plant material). The Federal Institute for Drugs and Medical Devices (BfArM) is of the opinion that hemp tea falls under narcotics law and therefore may not be sold to consumers as food.

Cannabis extracts fall under the exemptions if the relevant conditions listed above (obtained exclusively from industrial hemp with THC content ≤ 0.3% or EU variety and misuse for intoxication purposes excluded) are met. Regular laboratory analyses are also recommended here.

Irrespective of this, however, it should be noted: Even if the above conditions for the exemption are met, products containing cannabis extracts or CBD are currently classified as novel foods (Regulation (EU) 2015/2283) – this means that they cannot be marketed as foodstuffs without the appropriate certification!