Czech Republic announces new measures to ban CBD and other hemp-derived cannabinoid products from the market.

Although the country announced plans last year to legalize recreational cannabis, it is now planning to ban hemp-derived cannabinoid products that do not produce psychoactive effects.

The Ministry of Agriculture announced on April 25 its intention to set up new measures to remove products containing CBD and other hemp-derived cannabinoids from the Czech market, claiming that foodstuffs containing CBD cannot be placed on the market in any EU country due to the lack of scientific studies on their effects on human health.

Agriculture Minister Zdeněk Nekula said in a press statement that food products containing CBB and other cannabinoids derived from hemp cannot be sold unless they are certified as safe by the European Food Safety Authority (EFSA), which provides independent scientific advice on food-related risks. He also admitted that the ban will impact some food business operators.

The Czech Republic is the only EU country to allow a THC limit of 1% in industrial hemp, whereas other member states have set the limit at 0.2%, although the EU has recently announced that it will increase the THC limit to 0.3%.

The Czech Republic’s food market offers a diverse range of CBD products, including those derived from hemp seed or produced synthetically, as well as other hemp-derived cannabinoids.

These products come in various forms, such as oils, tinctures, jellies, confectionery, candies, and capsules.

Despite being a non-intoxicating cannabinoid, the use of CBD in the food market has been challenged by the EU’s legal framework.

On the one hand, the European Commission ruled in December 2020 that CBD is not a narcotic and can be classified as food if it meets relevant provisions in EU food legislation.

The Commission also stated that CBD products should have the same free movement of goods between member states as other legal products.

But on the other hand, the EU considers food products containing CBD as ‘novel foods’ under the Novel Food Regulation, arguing that these products were not consumed significantly in EU countries before May 15, 1997.

Such foods may not be placed on the market unless they have been verified for safety by the European Food Safety Authority (EFSA) and are authorized for marketing in the EU.

However, the EFSA halted in June 2022 the evaluation of European novel food applications for CBD products due to significant data gaps.

As a result, no new CBD products can be approved for sale in the EU until the necessary research is completed.

The EFSA identified several areas that need investigation, including the effects of CBD on the liver, gastrointestinal tract, endocrine system, nervous system, and psychological functions. These studies are crucial to ensure that the consumption of CBD products does not pose a risk to human health.

Czech Republic’s State Agricultural and Food Inspectorate has the authority to restrict or prohibit the sale of products in the market. If a marketing ban is imposed, CBD-containing products cannot be sold again. However, the Ministry has yet to give a schedule for when the ban will take effect.

The Czech Hemp Association criticized the government’s decision, deeming it illogical and unnecessary for companies operating in the sector.

The association said in a press statement that the EU regulation on novel foods is not legally binding but merely a recommendation and that individual EU member states can determine what constitutes a novel food.

Furthermore, the association announced that it is working with the European Industrial Hemp Association (EIHA) to prepare evidence supporting their claim that CBD and other cannabinoids should not be classified as a novel food, given that cannabinoids have been a part of the human diet for centuries.