The European Commission authorizes the use of hemp leaves in cosmetics

Recent changes to the European register of authorized cosmetic ingredients (CosIng) now include the possibility of using hemp leaf extracts, according to information revealed by CBD-Intel and available for consultation on the European portal.

Context

Cannabidiol (CBD) has been added to Annex II (list of prohibited substances) of the EU Cosmetics Regulation, due to the classification of cannabis in international treaties, in particular «all substances listed in Schedules I and II of the Single Convention on Narcotic Drugs signed in New York on March 30, 1961», which includes cannabis, cannabis resin and cannabis extracts and tinctures.

In principle, therefore, CBD cannot be used in cosmetic products in Europe. The definitions provided by the aforementioned UN Convention stipulate, however, that CBD may not be extracted from either «the flowers/fruiting tops» or «the separated resin» (as these entail higher percentages of THC) of the plant.

Seeds «when not accompanied by the head» are therefore excluded from the Convention's definition of cannabis. They do, however, contain minute quantities of cannabinoids.

Consequently, only CBD not derived from hemp (natural CBD or Synthetic CBD) is authorized for use in cosmetics in Europe, as follows in the CosIng :

«The cannabidiol (CBD) as such, whatever its source, is not listed in the 1961 Single Convention on Narcotic Drugs. However, its use in cosmetic products (II / 306) is prohibited if it is prepared from cannabis extract, tincture or resin in accordance with the Single Convention. Please note that national legislation on controlled substances may also apply.»

According to the catalog, natural extracts (leaves and flowers) have been banned until now.

Flowers still banned

Hemp flower extracts are therefore still listed among the substances prohibited in cosmetics. According to CBD-Intel, a process is underway to authorize the use of cannabis roots, but flowers remain «problematic», even in the medium term.

Questioned by CBD-Intel, the European Industrial Hemp Association (EIHA) argues that there is no reason for Europe to persist in banning hemp-derived CBD. It would like the CosIng entry to read as follows: «Pure cannabidiol (CBD) as such, whatever its source, is not listed in the Single Convention on Narcotic Drugs (1961) and is therefore not a controlled substance. However, its use in cosmetic products is prohibited if it is isolated from an extract, tincture or resin of Cannabis sativa L. different from industrial hemp.»

EIHA also points out that hemp extracts are manufactured from a starting material that is already low in THC, which is then purified to remain within the limits set by the regulatory authorities. «Thus, because of their low THC content, these products cannot in practice be abused, nor can the THC recovered. Hemp plant extracts« therefore become »products not covered by the 1961 Convention« - they are neither narcotic drugs nor psychotropic substances», added the EIHA.