Czech government suspends plans to ban CBD and will study specific regulation

The Czech government has announced that it is reversing the statements banning CBD in the country and will continue to study the regulations governing CBD and other hemp-derived cannabinoids.

«We have agreed that the upcoming regulation governing the sale of CBD will not take effect at this time,» said Prime Minister Petr Fiala, who noted that a working group had begun a review aimed at developing «clear and predictable rules» for hemp-derived products.

Together with Deputy Prime Minister Ivan Bartoš, Minister of Agriculture Zdeněk Nekula, Minister for Legislation Michal Šalomoun, and National Drug Policy Coordinator Jindřich Vobořil, we met to discuss the proposed ban on foods containing CBD. We agreed that… pic.twitter.com/hw6MgF5nuG

— Petr Fiala (@P_Fiala) May 17, 2023

Under the now-overturned ban, all foods and dietary supplements containing cannabinoids, as well as cosmetics containing hemp-derived cannabinoids, would have been removed from the market. The ministry had stated that it was following a strict interpretation of European Union rules. that classify CBD isolate as a novel food which must undergo safety assessments by the European Food Safety Authority (EFSA).

A definite relief for the industry

In his tweet, the prime minister stated that the ban would have caused «a major complication for users of this substance and for a number of Czech entrepreneurs.».

As in all European countries, CBD is sold in the Czech Republic in the form of oils, tinctures, capsules, candies, and other edible products, and it is found in many health and beauty products on the market.

The European Commission has ruled In December 2020, it was determined that CBD is not a narcotic and that it can be classified as a food if it complies with the relevant provisions of EU food law. The decision also stated that CBD-based products should enjoy the same free movement of goods between and among Member States than other legal products.

EFSA has begun reviewing various forms of CBD with a view to approving them for the EU markets under the rules governing novel foods. During this review, however, EFSA found it difficult to evaluate this type of product and has put its application process on hold on several occasions.

Was the HHC a trigger?

The proposal to ban CBD products may have been motivated by due to the emergence of HHC, a synthetic psychoactive compound that is said to mimic the «high» of cannabis and is produced by subjecting CBD to a «semi-synthetic» process. The Czech Republic has been identified as one of 20 or more EU countries where HHC-based products have appeared, which prompted the European Monitoring Center for Drugs and Drug Addiction to issue health warnings.

The Czech government issued warnings about HHC in March, urging consumers not to use these products due to potential health risks.

In addition to the reactions of local stakeholders, the European Industrial Hemp Association (EIHA) criticized the Czech government for failing to recognize hemp extracts containing natural levels of cannabinoids as traditional foods.

Three levels available

The EIHA has called for a European policy that would establish a three-tier safety system classifying CBD as traditional foods, novel foods, or medicines, depending on its concentration.

While isolated and enriched extracts should be considered novel foods, full-spectrum extracts containing natural levels of cannabinoids (unenriched extracts) should be considered traditional foods that do not require prior authorization for marketing, according to the association.

The EIHA has called on the Czech government to make «a balanced, historically accurate, and transparent decision on the issue of the commercialization of hemp extracts.».

«Together, we will find a solution that benefits everyone,» said Czech Deputy Prime Minister Ivan Bartoš, who, along with Agriculture Minister Zdeněk Nekula, participated in the discussions that led to the lifting of the CBD ban.

At the same time, the country has, in any case, announced the legalization of cannabis.