The EU Plans to Recognise Hemp Flowers as an Agricultural Product
Classification of hemp is determined by THC. In the EU the threshold is 0.3%
Hemp has been utilized for centuries to produce fibers, ropes, paper, and fabrics. In recent years, there has been a significant increase in interest in hemp flowers, particularly among medical marijuana patients and consumers of low-THC products. In Europe, the term "cannabis light" is commonly used, while in the United States, the phrase "floral hemp" is prevalent. Although hemp flowers appear similar to cannabis flowers, the primary distinction lies in their tetrahydrocannabinol (THC) content and how the plant is used.
Industrial hemp and cannabis both belong to the same species—Cannabis sativa L. The legal classification of these plants is determined by THC limits. In the European Union, this threshold currently stands at 0.3%, in accordance with existing Common Agricultural Policy (CAP) regulations. The European Parliament is advocating for this limit to be raised to 0.5%, while the hemp industry, particularly the German Hemp Industry Association (BvCW), is pushing for a 1.0% threshold, referencing the policies already implemented in the Czech Republic and Switzerland.
European Commission Proposals from 2027
Recent reports indicate that the European Commission is preparing a legislative proposal that could encompass the entire hemp plant—not just seeds and straw, but also flowers, leaves, roots, and extracts—under the scope of the Common Agricultural Policy by 2027. This change would officially recognize hemp flowers as an agricultural product, allowing farmers to apply for direct payments and other forms of support under the CAP. Such a move would mark a significant advancement for the European hemp sector.
Industry Position and BvCW's Requests
The German Hemp Industry Association (BvCW) views the Commission's initiative positively, arguing that it could enhance legal certainty, support climate goals, and align with the European Green Deal strategy. However, BvCW also cautions against maintaining a low THC limit. The association is advocating for:
1. An increase in the THC threshold to 1.0%
2. The elimination of national regulations that hinder trade, such as mandatory harvest permits and the "narcotic clause"
3. Greater flexibility in utilizing plants with higher THC content (>0.3%) for industrial purposes, including construction
4. Simplification of procedures and a reduction in the number of administrative inspections
According to BvCW, these changes would bolster the competitiveness of the European hemp sector and attract investment.
Barriers and Differences in Regulations Across Member States
The lack of a uniform approach across the EU poses challenges for entrepreneurs and farmers. For instance, Italy has implemented a ban on the sale of hemp flowers in 2024, significantly damaging the local market. On the other hand, countries like Malta, Luxembourg, Germany, and the Czech Republic are modernizing their hemp laws to facilitate various forms of adult use. Recognizing hemp flowers as an agricultural product throughout the EU could reduce these inconsistencies and enhance coherence within the internal market.
What Does the Future Look Like for Hemp in the EU?
Any potential amendments to EU law should be considered alongside the case law of the Court of Justice of the EU. In the Kanavape case (C-663/18, 2020), the court determined that hemp flowers containing cannabidiol (CBD) are not classified as narcotic substances provided their THC content remains below a certain threshold. The possible inclusion of hemp flowers in the CAP catalogue of agricultural products could thus be a logical extension of this legal interpretation.
This would lead to greater legal certainty for producers and investors, as well as new opportunities for farmers to obtain subsidies and diversify their crops. This change could represent a breakthrough in how hemp is perceived in Europe, putting it on par with other agricultural plants and paving the way for further sector development.
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Liz Filmer
