LATEST ALERTS
16th September 2024
Hemp
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Daily regulatory updates of legal changes in the cannabis sector, including monthly compilations
26th September 2024
- US - Federal: The Cannabinoid Safety and Regulation Act (CSRA) has been introduced in the US Senate by senators Ron Wyden and Jeff Merkley. The bill would set a federal age limit of 21 for buying hemp products, establish testing and labelling requirements for hemp products, and allow hemp-derived cannabinoid products of various formats if they are tested and registered with the Food and Drug Administration (FDA). The bill would also ban synthetic cannabinoid products but allow semi-synthetic cannabinoids like delta-8 THC if certain conditions are met. The CSRA has wide support from hemp industry stakeholders.
26th September 2024
- Germany: The Federal Cabinet has approved the draft law to liberalise the cultivation and handling of industrial hemp (Industrial Hemp Liberalisation Act, NLG). The bill would allow the indoor cultivation of industrial hemp and remove the “intoxication clause”, which states that the use of industrial hemp for commercial purposes must exclude the abuse of intoxication. The bill will now be sent to the Bundestag (parliament) to begin the legislative process.
25th September 2024
- US - California: A ban on ingestible hemp products with any detectable amount of THC was approved by the Office of Administrative Law on Monday (23rd September). The emergency regulation, issued by governor Gavin Newsom, specifically applies to food additives, beverages and dietary supplements with any detectable amount of total THC, which includes THC and any “comparable cannabinoid” that causes intoxication. It also prohibits the sale of hemp products intended for human consumption to anyone under the age of 21 and is effective immediately. Industry stakeholders have already filed a lawsuit challenging the emergency regulation.
18th September 2024
- EU: The European Commission has opened two initiatives for consultation
that aim to delete hemp notification and reduce the administrative burden for EU member states. Neither draft act has been presented yet, and Commission adoption for both is planned for the first quarter of 2025. 18th September 2024
- EU: Last week, the European Commission adopted regulation (EU) 2024/2391, which introduces, among other things, new reporting obligations for the hemp sector. From 1st October 2025, EU member states must report annual data on hemp prices. These reports are due by 31st October of each year and include: the area of hemp cultivated in the previous year and an estimate for the current year (in hectares); production of hemp fibres in the previous year and an estimate for the current year (in tonnes); and the weighted average prices ex-factory for hemp fibres in the previous year (per tonne). The new reporting requirements apply to all member states where hemp fibre is produced from an area of more than 1,000 ha. The aim of this regulation is to bring the hemp sector to the same level of market transparency as other fibre crops, such as cotton and flax.
18th September 2024
- Germany: The German Federal Ministry of Food, Agriculture and Consumer Protection (BMEL) has published the draft of a law to liberalise the cultivation and handling of industrial hemp (Industrial Hemp Liberalisation Act, NLG) as well as the comments of various industry associations. The bill would allow the indoor cultivation of industrial hemp and remove the “intoxication clause”, which states that the use of industrial hemp for commercial purposes must exclude the abuse of intoxication. The explanatory note to the bill specifically mentions that the plan is to provide legal certainty and that products intended for intoxication – “so-called edibles” – will not be permitted under the bill. The bill will now be sent to the Bundestag and Bundesrat for further processing.
17th September 2024
- US - South Carolina: Solicitor general Robert Cook issued an opinion letter finding that non-alcoholic beverages containing up to 0.3% delta-9 THC that are derived from hemp are legal under federal and state law. The opinion came in response to a question presented by the speaker of the state House of Representatives asking for clarity, as hemp-derived THC beverages are proliferating across the US.
16th September 2024
- Italy: The Chamber of Deputies has approved the security bill that seeks to restrict hemp to industrial uses only and prohibit the cultivation and sale of hemp flowers, regardless of their THC content. The bill has now been forwarded to the Senate for further discussion and voting. The Department for Anti-Drugs Policies issued a statement saying the bill will not criminalise or impact the cultivation and supply chain of hemp, as it neither prohibits nor limits hemp production and does not create legal or regulatory conflicts with other EU countries and the EU law. However, the bill appears to conflict with the Kanavape case and European regulations. If the bill is ultimately approved, industry associations are expected to file appeals with administrative tribunals.
16th September 2024
- New Jersey: Senate Bill (SB) 3235 has been signed into law by governor Phil Murphy. SB 3235 requires a licence from the Cannabis Regulatory Commission or certain liquor licences to sell intoxicating hemp products and would ban cannabis products “not derived from naturally occurring biologically active chemical constituents”. The new law defines intoxicating hemp products as any hemp product with a total THC concentration greater than 0.5 mg per serving or 2.5 mg per package and prohibits their sale to anyone under the age of 21.
12th September 2024
Pakistan: The government is set to introduce the Cannabis Control and Regulatory Authority Bill, 2024, in the Senate (upper house of Parliament) during the session scheduled for today, following its approval, with amendments, by the Senate Standing Committee on Science and Technology, according to the session’s agenda. Last week, the National Assembly (lower house) passed the bill, which is aimed at regulating hemp production for industrial purposes.
9th September 2024
- Germany: The response from the Federal Ministry of Food and Agriculture (BMEL) to a parliamentary question from the opposition Christian Democratic Union (CDU)/Christian Social Union of Bavaria (CSU) parliamentary group shows the amount of land under industrial hemp cultivation from 2000 to 2023. The German government predicts a significant increase in the cultivation area for 2024 and confirms that the BMEL is drafting a bill to repeal the so-called intoxication clause in the Cannabis Act to remove the associated legal uncertainty for commercial hemp growers and traders, and to allow the indoor cultivation of commercial hemp for the first time.
9th September 2024
- South Africa: As part of the Cannabis Master Plan, which aims to provide a framework for the establishment, growth and development of the cannabis and hemp industry, the government announced that a total of 1,110 permits have been issued for hemp cultivation since the declaration of hemp as an agricultural crop in 2021. The minister of planning, monitoring and evaluation, Maropene Ramokgopa, added that the Department of Justice and Constitutional Development has initiated the process of drafting regulations for the Cannabis for Private Purposes Act, which will further regulate the law.
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