Brazil debates 1% THC limit for hemp

Visit Brazil, a coalition of researchers and industry stakeholders is challenging the current limit of 0.3 % of THC for industrial hemp, arguing that it is scientifically outdated and ill-suited under tropical growing conditions. The debate is now shifting toward a possible revision of the national framework, with proposals ranging from 0.5 to 1% of THC «in open fields.».

At the heart of this debate is Technical Note No. 01/2026, a document prepared by Embrapa, HempTech Brasil, and the Ficus Institute, which questions the validity of the widely used 0.3 % THC threshold as a universal scientific standard.

As reported by CannaReporter, the authors argue that this rule «should not be considered a scientific dogma or a universal standard,» calling for regulations that are better aligned with Brazil’s agronomic and climatic realities.

The Challenges of the Tropical Climate and Agronomic Limitations

One of the researchers' main arguments is that Brazil's tropical climate fundamentally alters the growth of hemp plants compared to temperate regions such as Europe or North America.

The document explains that shorter daylight cycles in tropical latitudes affect photoperiod-sensitive plants such as hemp, accelerating flowering and affecting cannabinoid expression. As the report explains:

«Since Brazil is a tropical country, the shorter daylight hours directly affect hemp, a plant that is highly sensitive to photoperiod. Under these conditions, the plant tends to flower earlier, which not only reduces its size and biomass production but also alters the expression of its chemical characteristics, potentially leading to natural and unavoidable variations in cannabinoid levels, including THC.»

According to the authors, this biological variability makes it difficult, in practice, to strictly apply a THC limit of 0.3% for industrial hemp, which increases legal uncertainty for farmers and risks leading to the destruction of crops due to minor natural fluctuations.

They also argue that current regulations could limit genetic innovation, keeping producers dependent on foreign cultivars that are not optimized for tropical soil and climate conditions.

From 0.3 % to 1 % of THC 

While the United States and most countries of the European Union While maintaining a THC threshold of 0.3 % for hemp, the Brazilian scientific and industrial community points out that this standard is far from universal.

Several countries have already adopted higher thresholds: the’Argentina, theUruguay and the Czech Republic allow up to 1 % of THC, while the Paraguay sets the limit at 0.5 %. At the upper end, the’South Africa allows up to 2 % of THC in industrial hemp.

In the broader Latin American context, the Colombia It also distinguishes between different applications, allowing up to 1 % of THC for cannabinoid extraction in the production of flowers.

A second guidance document circulated among Brazilian stakeholders reinforces the trend toward a 1 % THC threshold for «open-field» hemp. The argument is not only agronomic but also economic: higher THC levels in hemp are often correlated with increased CBD yields, which improves extraction efficiency and strengthens Brazil’s competitiveness in a rapidly growing global market.

Regulatory Uncertainty and the Path to Reform

Although Brazil does not yet have a fully regulated hemp industry, the’Anvisa currently permits the cultivation of cannabis plants containing up to 0.3 % of THC for medical and scientific purposes, primarily focused on CBD production.

Experts warn that maintaining the current threshold could create instability for future industrial development. According to the technical note, rigid limits can lead to enforcement risks, such as the seizure of crops when natural variations in cannabinoid levels cause plants to slightly exceed the legal limit.

The report also highlights broader strategic implications: without regulatory adjustments, Brazil risks losing its competitiveness in the emerging global hemp economy, especially as other countries continue to raise their thresholds.