Cannabis Sativa L. biomass is produced and sold in accordance to Reg. (UE) No. 1307/2013 and Reg. (EU) No. 1115/2017 supplementing Regulation (EU) No 1307/2013 and Reg. N. 1308/2013 and Italian Law No. 242/2016. The cultivation of industrial hemp has a special aid scheme. Is allowed the cultivation of hemp varieties listed in the common catalog of varieties of agricultural plant species. The varieties allowed are also indicated in the “Plant variety database of the European Commission”. In Europe, hemp varieties for which cultivation is authorized must have a Δ-9-tetrahydrocannabinol content less than 0,2%.
Reg. N. 1308/2013 in Chapter IV, Art. 189 establishes the importation between member states of certain products including hemp biomass. Paragraph 154 mentions the importation between EU Member States of the products listed in Annex I Part VIII: Hemp (Cannabis sativa L.) raw or prepared by ensuring that the Δ-9-tetrahydrocannabinol content (THC) is less than 0,2 % (ref.Reg. 1307/2013) in green parts of a standardized sample, calculated according to the method defined by Reg. (EU) n. 1155/2017, Art.1 Annex III which establish the EU community method for the quantitative determination of Δ9-tetrahydrocannabinol content (referred to as “THC content”) for industrial hemp plants and hemp raw or prepared.
In all those EU regulations is written clearly that:
- Regulations speak about only of Δ9-tetrahydrocannabinol content (referred to as “THC content”) below 0,2%.
- The importation between member states of hemp biomass (raw or prepared) is allowed ensuring that the Δ-9-tetrahydrocannabinol content (THC) is less than 0,2 %
- Industrial hemp from certified varieties is an agricultural product.
- Community law is hierarchically superior to the national legislation of the Member States.
- The TFEU (Treaty on the Functioning of the European Union), in Annex I list as agricultural products industrial hemp including ” True hemp (Cannabis sativa L.) raw or processed but not spun; tow and waste of true hemp (including yarn waste and garnetted stock)”.
- Regulation (EU) no. 220/2015 qualifies hemp as an “industrial plant”.
Since hemp is an agricultural product and, as such, relevant for the purposes of the common market, the aforementioned EU Regulations preclude EU National legislation that has the effect to block the marketing (export/import) of industrial hemp raw or processed with Δ9-tetrahydrocannabinol content below 0,2% between EU member States. Legal basis: Articles 26 and 28 to 37 of the Treaty on the Functioning of the European Union (TFEU).