7. Hemp legislation

Key learning outcomes

• To gain an understanding of the EU's regulatory frameworks governing hemp cultivation, including the role of the Common Agricultural Policy (CAP), THC content limits, and the certification of seeds for hemp farming

• To understand the specific regulations for marketing hemp-derived products, such as food, animal feed, and cosmetics, including THC limits and the classification of hemp extracts as "novel foods”

• To learn about the processes involved in obtaining financial support for hemp farming ithin the EU, the importance of adhering to THC limits, and the steps required for complying with both national and EU-level regulations for hemp-related products

When starting a hemp farming business, it's essential to understand the basic concepts related to policies and legislation governing hemp cultivation. Agriculture is a shared responsibility between the European Union and its Member States. The general framework is established by the Common Agricultural Policy (CAP), which includes market regulations and financial support programs that are reviewed and updated every five years. Hemp, like other crops, is subject to the CAP's rules, which provide market tools and financing options to support farmers.

In the European Union (EU), hemp (Cannabis sativa L.) is legally recognised in Annex I of the Treaty on the Functioning of the EU. This recognition includes both raw and processed forms of hemp, as well as tow and waste. Hemp cultivation is permitted, provided that specific regulations are adhered to.

The Court of Justice's rulings in Cases C-462/01 and C-207/08 clarify that EU Common Agricultural Policy (CAP) rules override any national laws that might prohibit the cultivation and possession of industrial hemp. The CAP already sets stringent conditions to prevent the misuse of hemp plants, thus preventing Member States from banning industrial hemp cultivation and denying farmers this opportunity.