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Portugal doesn't want CBD in cosmetics

Published

5 years ago

3 March 2022

Portugal doesn't want CBD in its cosmetics

Infarmed, the Portuguese equivalent of the ANSM, has issued a circular reminding users that the use of the CBD The extraction of «cannabis for industrial purposes» is prohibited in Portugal.

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Citing the 1961 Single Convention on Narcotic Drugs, Infarmed President Rui Santos Ivo, explains that «cosmetic products may not, therefore, contain the following substances or preparations derived from the cannabis plant, regardless of their tetrahydrocannabinol (THC) content.».

According to the Portuguese Medicines Agency, «the inclusion of CBD or other cannabinoids, which occur naturally in the cannabis plant, is not permitted, as they are obtained by preparing extracts or tinctures from cannabis or its resin.».

According to Infarmed, CBD is a controlled substance

The Infarmed circular also states that ’with regard to the various cannabinoids which are components of cannabis resin, and in particular the substance cannabidiol (CBD), the International Narcotics Control Board (INCB – International Narcotics Control Board), that it falls under the 1961 Single Convention on Narcotic Drugs as an extract or preparation of the cannabis plant, and is listed in Schedule I annexed to that convention. Thus, the aforementioned substances—namely cannabidiol (CBD), as a resin or preparation of cannabis—are listed in Schedule IC, annexed to Decree-Law No. [...], subject to the control measures applicable to the substances specified therein.».

A point of view that are not shared by the world's leading hemp associations. In their view, the conventions do not regulate hemp and its derivatives, but only the medical markets for these substances. The 1971 Convention, moreover, clearly emphasizes this principle by stating that governments «may authorize […] the use of these substances in industry for the manufacture of non-psychotropic substances or products.».

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CBD Banned in Cosmetics

Infarmed therefore emphasizes that the marketing of products CBD-containing cosmetics is prohibited in Portugal.

This regulation «prohibits the inclusion in cosmetic products of all substances listed in Tables I and II of the 1961 Single Convention on Narcotic Drugs, under item 306 of Annex II. Furthermore, at the national level, these substances are considered controlled substances, in accordance with the provisions of Decree-Law No. 15/93 of January 22, as currently in force.».

In this regard, Infarmed states that «cosmetic products may not contain the following substances or preparations derived from the cannabis plant, regardless of their tetrahydrocannabinol (THC) content»:

Cannabis and cannabis resin;
cannabis extracts and tinctures;
Leaves and flowering or fruiting tops of the cannabis plant.

Even when it comes to the substances listed in CosIng, the European regulation on ingredients authorized for use in cosmetics, which specifically includes «Cannabidiol—derived from cannabis extract, tincture, or resin» or «Cannabis Sativa leaf extract,» their inclusion in cosmetic products is nevertheless prohibited.

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But according to Infarmed, the fact that an ingredient is listed on CosIng does not mean that its use in cosmetic products is permitted: «Its inclusion in cosmetic products is not permitted.».

The circular notes that only hemp seed oil has been accepted, pending a likely legal challenge regarding the European authorization of CBD and CBG in cosmetics.