Novel food and cannabis: a positive assessment of the Brussels meeting

Yesterday, a meeting of the European Commission and European Food Safety Authority (EFSA) working group on novel foods and cannabis was held in Brussels. Representatives from the member states heard the views of industry associations. The associations sought to demonstrate a history of cannabidiol consumption prior to May 1997. so that products derived from hemp flowers are not classified as «novel foods.».

A change that caused confusion

The First version of the «novel food» catalog» seemed to distinguish between CBD oils extracted from hemp flowers with a natural cannabinoid content and oils to which CBD is added later in the form of an isolate. However, a recent change to the catalog specifies that any extract containing cannabinoids will be considered a «novel food.» Consequently, regardless of its cannabinoid content or manufacturing process, any food product that contains even a trace amount of CBD is considered a «novel food.».

And yet.., as Richard Rose points out, a food consultant, says it is impossible for hemp oils to contain no cannabinoids at all. Even if they are extracted from the seeds rather than the flowers, hemp oils contain trace amounts of cannabinoids. Although there are no cannabinoids in the seeds themselves, the hemp resin—which does contain cannabinoids—coats the seed husks and is then transferred into the oil when the seeds are pressed.

To support his argument, Richard Rose cites numerous studies showing that THC metabolites have been detected in the body after ingesting hemp seeds. Given that CBD is present in amounts 20 to 30 times greater than THC in hemp varieties, it follows that hemp seed oils contain significant amounts of CBD. However, the «novel food» catalog does not include hemp seeds—and by extension, hemp seed oils—because their consumption dates back to before May 1997. Classifying CBD as a «novel food» is therefore contradictory, since its consumption has occurred simultaneously with that of the seeds.

Positive Outcome of the Meeting

Several industry associations attended the meeting to advocate for this position. Among them was the Cannabis Trade Association British organization that strongly opposed this new definition: «In January 2018, the CTA reached an agreement with the Food and Safety Authority that CBD in its purest form, known as an isolate, was to be added to the list of «novel foods.» «However, the recent change means that CBD in all its forms, as well as other cannabinoids found in the cannabis plant, are now considered »novel foods.» The CTA opposes this.”. According to representatives of the association, it appears that British health authorities have been receptive to this protest. They are expected to issue a statement regarding the meeting soon.

Overall, the meeting seems to have gone fairly well: «There are clearly disagreements over the interpretation of the «novel food» regulations, but some member states seem willing to reconsider their interpretation,» explains Robert Jappie, director of the cannabis practice at the law firm Mackrell Turner Garrett. «I think it will take many more months of discussions before a clear position is established, which isn’t ideal because the industry needs clarity—companies and consumers need to know where things stand. In any case, the organizations supporting this industry are doing a good job.» In addition to the CTA, the EIHA was present at the meeting and also appears satisfied:

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