Congress of Deputies urges the Government to regularize hemp and CBD flower
On March 22, 2023, the Congress of Deputies approved a proposal that aims to clarify and reach a consensus on the legality and permitted uses of hemp. This bill is an initiative created by CannabisHub, of which Cannactiva is a member, and presented in the Congress of Deputies by Podemos, ERC (Esquerra Republicana) and Bildu. You can see the proposal by clicking here.
In summary, this proposal discusses the great confusion that exists when it comes to determining whether hemp is marijuana or not. Because of this confusion, over the past three years there have been countless interventions in hemp crops, as well as hemp and CBD stores. However, the European Union already made it clear in 2020 that the cultivation and utilization of all parts of the hemp plant, including the flower, is an agricultural matter and entirely legal to cultivate.
But, is CBD legal, or not?
Hemp cultivation has been booming for almost a decade now thanks to science's focus on the active ingredient contained in the hemp flower: CBD. So much so, that the World Health Organization published in 2018 a report on the benefits of CBD and its non-toxicity for human consumption. However, its strong resemblance to the cannabis plant creates a lot of confusion, to such an extent that in 2021, the different communities of Spain begin to notice a very large increase in hemp cultivation by many farmers from different parts of Spain. And given the similarities between hemp and marijuana, it is often decided to intervene in the cultivation of these crops due to uncertainty about their legality.
In Spain, there is no clear regulation on hemp and CBD, so farmers, companies and users of hemp and CBD suffer the consequences of legal uncertainty. In addition, there is a certain prohibitionist inertia on the part of some administrations, which hinders the development of a market in full expansion, causing Spanish operators to be uncompetitive and at a clear disadvantage compared to their European neighbors. For more information, see:
What does Europe have to say about this?
In November 2020, the European High Court of Justice ruled that the use of the hemp plant is not limited only to its fibers and seeds, but to the whole plant, which contains flowers in its aerial parts, and is where the resin for extracting CBD is found. Therefore, it clarified that the cultivation, processing, and commercialization of all parts of hemp is completely legal in the European Union.
CannabisHub decided to take action to shed light on the existing problem. Specifically, it presented a Non-Law Proposal together with Podemos, ERC and Bildu, which has been exposed in the Agriculture Commission of the Congress of Deputies on March 22, 2023. The PSOE, which currently governs Spain, has accepted this proposal and amended it.
What are the hemp NLP points?
The initiative amended by the PSOE in the Congress of Deputies urges the government to advancing the regulation of industrial hempThe new law provides legal certainty to the production, marketing and consumption of products derived from it, respecting the autonomic competences and the principle of subsidiarity in matters of protection of public safety, health and agriculture.
In addition, the AEMPS is requested to state its position and the possible consequences of non-compliance in relation to the CJEU ruling of November 19, 2020. It also establishes the limitation of the percentage of THC in a future regulation of industrial hemp, ensuring the absence of narcotic effects, as well as a higher yield of crops and their sustainability in accordance with the European Green Pact.
Another important point of the proposal is the clarification of the competition on hemp cultivationThe plant is used both for its traditional uses and for the production and trade of all parts of the plant, including the non-narcotic flowering tops for commercialization or for the extraction of non-narcotic cannabinoids, such as CBD.
The Congress will also keep an eye on the progress being made at the European level to implement a legal framework for all hemp-derived foods, including those containing CBD and other cannabinoids that have no narcotic effect. Finally, it is proposed to harmonize the process of inspection, control and analysis of the cultivation of hemp plant derivatives through the competent authorities.
In conclusion, this proposal is a great step towards removing legal uncertainty for farmers and traders of hemp and hemp-derived CBD products in Spain. Regulation is still to come, but the green light given today in Congress is very significant.
This will help the hemp sector to grow as in other countries of the European Union and to further promote the benefits that hemp brings us, both at the level of sustainability for its environmental advantages and socially for its benefits to human beings.
