How to Start a Hemp Business in Washington

As an early proponent of both medicinal and adult-use cannabis, expectations would be that Washington state is friendly to CBD sales. Observers of cannabinoid law in WA over the last decade or so can easily confirm, though, that things aren’t always as they seem with cannabis in this Pacific Northwest state.

While it may come as a surprise to many of those familiar with Washington state, CBD products are now almost entirely illegal for general sale in Washington, stymying the business efforts of entrepreneurs statewide. Now is, perhaps, the worst time in 21st-century history to market CBD products within Washington state’s borders, a claim we’ll support with evidence over the course of this guide.

Washington cannabinoid law overview

– The Evergreen State has declared that all products with any detectable THC are cannabis¹ and must be sold only through the state’s taxed and tightly controlled network of adult-use cannabis dispensaries

– Washington infamously eliminated its thriving medical cannabis industry the moment tax revenue began flowing in from recreational dispensaries in 2015²

– The recent effort to eliminate untaxed CBD sales appears less like a surprise and more like an inevitability.

– If shoppers in Washington state wish to buy THC-containing CBD products legally, they must now purchase them in recreational cannabis dispensaries

– This greatly reduces the convenience of purchasing cannabinoid products since all cannabis sales must be made in-person in WA — no deliveries³

– It is unclear whether this measure will truly make cannabinoid products safer for Washington residents or merely increase tax revenue for the state government

– What is abundantly clear, though, is that selling products containing any THC at all in Washington state directly to consumers is now a criminal offense

Can I sell CBD in Washington?

No, it is now illegal to sell CBD products in Washington without first receiving approval from the Washington state government, which will then only allow you to sell your products through state-taxed recreational dispensaries. Washington no longer has any patient cooperatives, so it is not possible to sell CBD through this type of storefront either.

All food co-ops, gas stations, and other businesses aside from state-approved adult-use dispensaries will need to remove cannabinoid products from their shelves if they contain any detectable THC at all. Otherwise, authorities will enforce stiff penalties, which could potentially shut down the offending business.

What is WA bill SB 5367?

The Washington state definition of cannabis under Revised Code of Washington (RCW) 69.50.101 was amended by SB 5367⁴ to include “any product intended to be consumed or absorbed inside the body by any means including inhalation, ingestion, or insertion, with any detectable amount of THC.” This is the piece of legislation that makes essentially all CBD products illegal in the state, putting near-complete control of CBD commerce in Washington in the hands of state regulators in Olympia.

Is it legal to grow hemp in Washington?

Yes, it is legal to grow hemp in Washington state. The state operated a research program for hemp cultivation until 2020 when it was replaced with a comprehensive hemp cultivation program. Around 210 acres⁵ of hemp were cultivated in WA in 2022.

Do you need a license to grow hemp in Washington?

Yes, licensing is required if you wish to grow hemp in Washington state. Hemp growers and processors apply for the same licensing through the WSDA Hemp Program Portal⁶, and a $1,200 yearly fee is applied for licensed hemp businesses.

Washington hemp license process

The process of acquiring a hemp license in Washington is relatively straightforward. Simply navigate to the Hemp Program page provided by the Washington State Department of Agriculture (WSDA), and select the “Register and Apply” button if you intend to cultivate hemp.

Download and fill out the Hemp Processor Registration Application (PDF) if you intend to process rather than cultivate hemp in WA. Processor and grower applications are both accompanied by $1,200 fees, payable to the WSDA.

Does Washington have a good climate for hemp cultivation?

The climate in Washington state is reasonably good for hemp cultivation overall with the eastern half of the state being more amenable to agriculture of all kinds. Abundant rainfall but limited sunshine during the growing season is received by Western Washington, leading to issues like mold and rot in crops like cannabis harvested in the autumn. All areas of Washington have long winters due to the state’s latitude, restricting hemp cultivation to a single growing season.

How to start a hemp business in Washington

Starting or operating a hemp business in Washington is a remarkably difficult proposition at the moment. Hemp cultivation licenses will continue to be issued by the state in 2024, but uncertainty remains about where Washington’s hemp producers will unload their harvests since any hemp products containing any THC are now considered cannabis in Washington.

For those intending to import CBD products produced elsewhere, options are now extremely limited. Ingestible CBD products containing no THC whatsoever are theoretically still viable for general sale in Washington, so non-THC cannabinoid products containing isolate or broad-spectrum extracts should be admissible. Cannabinoid topicals can still contain up to 0.3% THC as well, just no ingestible products.

Even sellers of THC-free CBD products, however, must contend with the constant burden of state oversight, which could lead to the shutdown of infringing businesses. The presence of a few stray THC molecules was never previously much concern for either consumers or sellers of CBD products in Washington. Now, though, ingestible hemp products are illegal in Washington if they contain any THC, a remarkable reversal for one of the nation’s first adopters of pro-cannabinoid policies.

Benefits of private labeling

Established bulk cannabinoid producers have been grappling with the complexities of state and federal hemp law for nearly a decade. While hemp laws like Washington’s can seem almost incomprehensibly abstruse at first, larger hemp producers have entire legal departments dedicated to staying in compliance with laws and regulations.

If any producer can succeed in today’s severely tightened Washington state hemp cannabinoid economy, it will be an industry leader like GVB Biopharma. Considerable financial capability and years of experience allow major hemp white-labelers to easily ensure that zero THC remains in hemp products, a claim small-time producers cannot make.

The bottom line: Is starting a hemp business in Washington a good idea?

Starting a hemp cannabinoid business in the state of Washington could accurately be described as dismal at the moment. Hemp growers in the state are at a loss as to what to do with their THC-containing harvests, and local businesses more than likely rue the name of CBD as they face thousands of dollars in inventory losses due to new Washington state zero-THC guidelines.

Every cloud has a silver lining, though, and professionally made products containing absolutely no THC will be the focus of attention in the future of the Washington hemp industry. Products suspected of containing THC can be pulled off shelves by state regulators at any time. If laboratory tests come back negative, there is nothing to fear — a tenuous but perhaps tenable situation for entrepreneurs intrepid enough to face down the odds.

It’s unavoidably ironic that CBD policies in Washington are now nearly as restrictive as those in neighboring Idaho, which has stayed stalwartly anti-hemp even as the rest of the nation moved gradually forward. How the hemp situation in Washington will pan out in the long term remains to be seen: A stance of cautious optimism should be maintained by operators in the state as they await a return to policies more aligned with the needs of the state’s constituency.

Washington Hemp Business FAQ

Continue getting up to date with the hemp cannabinoid situation in Washington in the following FAQ section:

Is CBD legal in Washington state?

Yes, CBD is still legal in Washington state, but the state legislature severely curtailed CBD commerce in 2023. Now, the state requires most CBD products to be sold through recreational cannabis dispensaries, generating tax revenue while making it harder for residents to purchase CBD. The only ingestible CBD products that can still be sold outside dispensaries in Washington are those containing zero detectable THC — not a single molecule.

Can you buy CBD at gas stations in WA?

Yes, CBD will likely remain available at many gas stations in Washington state, but all ingestible products with detectable THC must be pulled off the shelves. Concerns over testing by state regulators may lead many gas station owners to stop carrying CBD products altogether. In any case, only zero-THC products will continue to be sold in general businesses, while all THC-containing ingestible products must now be sold through adult-use dispensaries.

Can you buy CBD at Washington dispensaries?

Yes, it is possible to buy CBD products at Washington state dispensaries, but the process of doing so is cumbersome, and your selection is highly limited. Only products approved and tested by state regulators may be sold in Washington adult-use dispensaries, a process that many major national brands will be unwilling to go through just to reach Washington state’s 7 million residents⁷.

Can you buy CBD at 18 in Washington?

You must be 21+ to buy THC-containing CBD products under Washington’s 2023 legislation. In Washington, ingestible THC-containing CBD products are now sold only in 21+ adult-use dispensaries.

Sources

1. Scrantom, J. (2023). Washington upends its CBD industry. Harris Sliwoski LLP (Formerly Harris Bricken). https://harrisbricken.com/cannalawblog/washington-upends-its-cbd-industry/
2. “A failure”: How Washington’s cannabis program shut out Black business owners. (n.d.). KING5. https://www.king5.com/article/news/community/facing-race/washington-cannabis-program-shut-out-black-business-owners/281-319c9559-1733-4556-b702-87f2a48c34d8
3. Weed delivery in Washington | WashingtonStateCannabis.org. (n.d.). Washington Cannabis Information Portal. https://washingtonstatecannabis.org/delivery#:~:text=The%20state%20does%20not%20authorize,of%20the%20service%20in%20Washington.
4. Washington State Legislature. (n.d.). https://app.leg.wa.gov/billsummary?BillNumber=5367&Year=2023&Initiative=false
5. PRESS RELEASE NATIONAL AGRICULTURAL STATISTICS SERVICE. (n.d.-b). USDA. https://www.nass.usda.gov/Statistics_by_State/Idaho/Publications/Crops_Press_Releases/2023/HEMP.pdf
6. WSDA Hemp Program. (n.d.). https://agr.wa.gov/departments/agricultural-products/hemp#current%20hemp%20program%20activities
7. United States Census Bureau QuickFacts. (n.d.). U.S. Census Bureau QuickFacts: Washington. Census Bureau QuickFacts. https://www.census.gov/quickfacts/fact/table/WA/PST045222

How to Start a Hemp Business in North Carolina

Starting a hemp business in North Carolina might follow a slightly different process than in other states, but as one of the original American Colonies to engage in cannabis cultivation, hemp is still at the core of this coastal state’s culture. Grown in the reedy marshland along North Carolina’s coast, hemp became a staple crop for its usefulness in making strong and durable sailcloth.

Nowadays, North Carolina mainly turns to hemp for CBD, not canvas. This notably pro-commerce state remains stalwart in its defense of hemp, however, fully and permanently removing it from the North Carolina list of controlled substances in 2022¹.

That wasn’t the only major change to occur within the North Carolina hemp economy in 2022. With the state’s hemp industry now overseen directly by the federal government², how might the situation change for existing or prospective hemp producers? Learn all the details in this comprehensive guide to starting a hemp business in North Carolina.

North Carolina cannabinoid law overview

– Hemp cultivation and CBD commerce originally became legal in North Carolina in 2017 due to a state pilot program³
– This program expired in 2022, however, briefly raising concerns⁴ that CBD would be “illegalized”
– If the hemp program had expired without new legislation taking its place, CBD commerce would, indeed, have been affected since North Carolina is one of the few states where hemp itself was considered an illicit drug
– At the last minute, NC lawmakers came to a deal⁵ under which hemp and CBD products became permanently legalized in the state
– With the expiration of the hemp pilot program, however, the state elected to hand jurisdiction of its hemp industry over to the federal government
– Hemp cultivators and processors must now seek licensing directly from the USDA
– New hemp legislation⁶ would set standards for regulation of CBD products in North Carolina by 2024

Can I sell CBD in North Carolina?

Yes, it is legal to sell CBD products in North Carolina. In the absence of comprehensive state regulations, the position on CBD in North Carolina reverts to the federal level, at which the 2018 Farm Bill provides clear guidance for hemp CBD products. If products contain less than 0.3% delta-9 tetrahydrocannabinol on a dry weight basis, they are “industrial hemp” and not, therefore, governed by regulations pertaining to the illegal drug “marijuana.”

Now that CBD and hemp are permanently legal, North Carolina lawmakers are seeking to impose restrictions on the types of hemp products that can be marketed within their state and where they can be sold. The primary focus of this legislation is to crack down on sales of delta-8 and other THC-like cannabinoids, primarily for the purpose of keeping them out of the hands of minors.

Recent changes to hemp legislation in North Carolina only show that lawmakers in the state are becoming more friendly toward hemp over time and seek to expand cannabinoid commerce as long as it is done safely and appropriately. Expect certain restrictions to appear around the sale of CBD and other cannabinoid products in North Carolina in the near future, but also expect that these restrictions will not be aimed at limiting commerce but rather at maintaining consumer safety.

Is it legal to grow hemp in North Carolina?

Yes, growing hemp is legal in North Carolina. Since 2022, hemp cultivation in the state has been under the direct governance of the United States Department of Agriculture (USDA)⁷, which oversees the hemp programs in a variety of other states as well. New or existing North Carolina hemp cultivators seeking licensing will need to work with the USDA now since the North Carolina Department of Agriculture & Consumer Services no longer governs hemp production.

Do you need a license to grow hemp in North Carolina?

Yes, licensing is required to grow hemp in North Carolina. If a state does not choose to manage hemp licensing itself, governance falls to the USDA, which is in charge of issuing hemp licensing in North Carolina.

North Carolina hemp license process

The USDA has created a dedicated portal for all hemp licensing and registration activity called the Hemp eManagement Platform (HeMP). Aspiring hemp cultivators or processors in North Carolina must apply for licensing through this platform.

Many components of the USDA hemp licensing process are very similar to the processes used in other states: It is necessary, for instance, to pass an FBI background check and submit a thorough application. Entrepreneurs with hemp experience in other states might notice that North Carolina does not charge fees for USDA hemp license applications.

Some fees may be applicable in certain situations, but it is also sometimes possible to become licensed by the USDA to grow or process hemp without paying any fees whatsoever. As more states lose their provisional hemp programs and gather under the USDA banner, expect the norms surrounding hemp licensing to change nationwide.

Does North Carolina have a good climate for hemp cultivation?

Yes, North Carolina’s climate has been regarded as ideal for hemp cultivation since the earliest days of American history. Many regions of this warm, coastal state are excellent for growing hemp, with estuary areas traditionally housing the bulk of hemp cultivation operations in North Carolina. While the growing season is long, North Carolina experiences winters cold enough to prohibit year-round hemp cultivation.

How to start a hemp business in North Carolina

At present, there are no significant obstacles whatsoever to companies that seek to sell CBD products or otherwise open hemp-related storefronts in North Carolina. So long as their products contain only 0.3% THC or less, North Carolina does not currently regulate the sale of CBD products.

The situation will likely change in 2024 as North Carolina lawmakers plan to discuss comprehensive regulation of consumer hemp products. Until then, the only hemp operators in North Carolina with hurdles to overcome are those who are growing or processing hemp.

In a way, now is a great time to become a hemp grower or processor in North Carolina. You’ll have an advantage over legacy operators who grew used to the old state-run system. It won’t be as much of a learning curve to adopt the state’s new USDA hemp licensing procedures if you never learned the old way of doing things.

Federal programs are, by their very nature, more monolithic than state systems. It’s true that navigating the USDA’s hemp licensing and compliance framework can initially be more imposing compared to certain highly optimized state hemp cultivation programs. Keep in mind that the federal government’s larger budget and staff allow it to handle applications and questions promptly and accurately.

Benefits of private labeling

Whether it’s the North Carolina state government or the USDA, it’s clear that applying for hemp licensing and staying in compliance with regulations takes a lot of effort. With all the opportunities of CBD commerce at your fingertips by other means, does it really make sense to start your own hemp cultivation or processing business in North Carolina just to get your products into the hands of the state’s customers?

North Carolina is not expected to impose any regulations on CBD commerce until at least 2024. Now is certainly the time to access the state’s population of more than 10 million residents, building a following in North Carolina that will help maintain your brand’s popularity through any ensuring regulatory changes.

The best way to do so is to have your cannabinoid products made by another company in a different state — a company that has been producing hemp for years and is abreast of all pertinent regulatory requirements. Not only does private labeling hemp save costs otherwise spent on licensing and other forms of overhead, but it also ensures a level of professionalism in products that state regulators can’t help but appreciate.

The bottom line: Is North Carolina a good place to start a hemp business?

North Carolina is currently in the midst of many changes regarding hemp. And, whenever there is change, there is also opportunity for those who have the ability to see it.

None of the changes to the hemp economy in North Carolina have been negative. They all indicate that lawmakers in the state intend to make hemp more a part of agricultural operations once again. Handing over control of the state’s hemp industry to the federal government simply indicates that North Carolina takes hemp seriously and wants to manage it appropriately and responsibly.

It’s true that producing hemp in compliance with North Carolina’s standards may become considerably more difficult in the not-so-distant future. Plenty of companies already produce hemp products compliant with even the strictest state standards, however, eliminating this potential obstacle before it even appears.

North Carolina proudly remembers its long history with hemp. Both in the state’s coastal farmlands and in the thoughts of its people, hemp and its cannabinoids will have an enduring place in North Carolina. All it takes to succeed with hemp in this state is the vision to plot a course that fully harnesses these advantageous prevailing factors.

North Carolina Hemp Business FAQ

Learn more about starting a hemp business in North Carolina below:

1. What are the rules for CBD in North Carolina?

Currently, North Carolina does not impose any rules regarding CBD commerce aside from the federal requirement that hemp products contain less than 0.3% THC. This is expected to change, however, in 2024, when lawmakers intend to meet and discuss comprehensive hemp cannabinoid regulation measures.

2. How much does it cost to get a CBD license in NC?

No licensing is currently required to sell CBD in North Carolina. Vendors are simply limited to restrictions that apply to all other NC businesses along with the federal 0.3% THC limit.

Sources

1. Ingram, K. (2022, June 30). Hemp, CBD get permanent legal status in NC after 11th-hour rescue. Raleigh News & Observer. https://www.newsobserver.com/news/politics-government/article263021958.html
2. North Carolina Department of Agriculture & Consumer Services. (n.d.). https://www.ncagr.gov/hemp
3. Doran, W. (2022, June 22). Hemp and CBD could be illegal in NC by next week, if the legislature doesn’t act. Raleigh News & Observer. https://www.newsobserver.com/news/politics-government/article262770203.html
4. Dolder, L., & Doran, W. (2022, June 29). Hemp, CBD likely will be illegal in NC by Friday, barring last-minute legislative action. Raleigh News & Observer. https://www.newsobserver.com/news/politics-government/article262973833.html
5. Ingram, K. (2022b, June 30). Hemp, CBD get permanent legal status in NC after 11th-hour rescue. Raleigh News & Observer. https://www.newsobserver.com/news/politics-government/article263021958.html
6. Henkel, C. (2023). North Carolina lawmakers take first steps to regulate hemp-derived consumables, CBD products. NC Newsline. https://ncnewsline.com/2023/06/22/north-carolina-lawmakers-take-first-steps-to-regulate-hemp-derived-consumables-cbd-products/
7. For USDA licensed producers only | Agricultural Marketing Service. (n.d.). https://www.ams.usda.gov/rules-regulations/hemp/licensed-producers

How to Start a Hemp Business in Colorado

Colorado was one of the first states in the nation where hemp commerce reemerged. Is Colorado, once a bastion of hemp cultivation, still a ripe land for starting a cannabinoid business? Learn all about the incentives and barriers that hemp cultivators might encounter in Colorado throughout this comprehensive guide.

Colorado cannabinoid law overview

– Colorado hemp commerce is overseen by two entities: the Colorado Department of Agriculture (CDA) and the Colorado Department of Public Health & Environment (CDPHE)
– CDA oversees hemp cultivation¹
– CDPHE oversees hemp processing²
– Hemp cultivation licensing costs $500 per year plus $5 per acre of outdoor cultivation or $3 per 1,000 square feet of indoor cultivation
– Hemp processing costs an annual fee of $1600 per registered business
– CDA also oversees hemp seed licenses³, which cost between $75 and $700 per year
– Consumer sales of hemp products are not overseen in Colorado, incentivizing operators to choose a white-label approach

Can I sell CBD in Colorado?

Yes, sales of finished CBD products to consumers are not overseen by any Colorado state government entity. In that regard, law defaults to the federal precedent, which dictates that CBD products are legal so long as they contain less than 0.3% THC.

Is it legal to grow hemp in Colorado?

Cultivating and processing hemp is under the jurisdiction of Colorado state law. You must acquire licensing for either activity, and the cost remains low compared to the national average.

Colorado holds steady as one of the most popular states for hemp cultivation with Cannabis Business Times⁴ reporting that 10,100 acres were planted and 3,100 acres harvested in the state in 2022. While the Colorado hemp market is no doubt competitive, those seeking to either cultivate or retail hemp within the state should find a highly receptive audience.

Do you need a license to grow hemp in Colorado?

Yes, hemp cultivation in Colorado requires licensing. The Colorado Department of Agriculture simplifies the process and keeps fees low to encourage market participation.

Finding adequate acreage in prime arable land may be difficult, though, given the increased land acquisitions by affluent individuals⁵ in agricultural states like Colorado. Leveraging out-of-state hemp sources may provide an advantage over local producers lacking adequate land to achieve optimum output.

Colorado hemp cultivation license process

The Colorado Department of Agriculture oversees the straightforward process of acquiring a hemp cultivation license. Applicants pay a base fee of $500 per year, plus $3 per square foot for indoor grows or $5 per acre for outdoor operations. Licenses must be renewed annually, and the CDA typically approves or denies applications within 45 days.

Colorado Hemp License Application Portal

Colorado hemp processing license process

The Colorado Department of Public Health & Environment, not the CDA, oversees the processing of raw hemp materials into extracts or finished products. The CDPHE also requires that hemp operators under its jurisdiction register their businesses, but only once, and the price for hemp processing registration in Colorado is only $1,600 per year.

As a result, Colorado would be an ideal state for processing bulk biomass into cannabinoid extracts. However, the state only allows hemp processors to choose from a very limited list of “approved sources⁶,” all of which are in-state growers of hemp. If you specify a hemp biomass source other than an approved business on your application, it may face rejection.

Colorado businesses seeking to process hemp must also understand the difference between Safe Harbor and Not Safe Harbor hemp processing operations. Businesses producing products with more than 1.75mg THC per container are protected under Colorado state law and must follow a separate application process. Businesses producing products containing less than 1.75mg THC per volume must submit a Not Safe Harbor application instead.

Both application types cost $100 per application and $1,500 per registration per year. Registration periods generally begin on July 1st and end on June 30th of every year.

If you change your business name or start a new hemp processing business, you will need to re-register. The same rule applies if you change from a Safe Harbor to a Not Safe Harbor Colorado hemp processing business.

Not Safe Harbor Colorado Hemp Processing Registration Form (PDF)
Safe Harbor Colorado Hemp Processing Registration Form (PDF)

Colorado hemp seed labeler license

To produce hemp seeds for commercial distribution in Colorado, you must obtain a Colorado hemp seed labeler license. This license technically allows you to enter your seeds into Colorado’s approved registry of seed strains, thus the name “labeler license.” This type of licensing can cost as little as $75 for existing seed labelers opening new locations but may cost as much as $700 depending on the scope of your operation.

Colorado Seed Labeler License Application Form (PDF)

Does Colorado have a good climate for hemp cultivation?

Colorado’s climate is generally regarded as favorable for hemp cultivation. Parts of the state experience considerably frigid winters, but the summer growing season is more than capable of sustaining abundant crop growth with snow runoff from the Rocky Mountain chain, which bisects the state north to south.

Much of the cropland in Colorado has seen many generations of improper stewardship and may not be as arable as could be desired. With proper understanding of sustainable agriculture, it’s possible to revitalize even the most barren land and transform it into a hemp cultivation paradise. Smaller companies and start-ups lack the capital to finance these types of operations, however, making it more economical to import finished hemp products from other states.

How to start a hemp business in Colorado

When starting a hemp-related business in Colorado, the barriers to entry are the lowest when you limit your scope of operations to simply marketing finished hemp products to consumers. Sellers of CBD and other federally compliant hemp products do not need to register in Colorado, bypassing the requirement that producers limit their sources to state-approved companies.

Benefits of private labeling

One way to potentially bypass this requirement is to register as a seed labeler in Colorado and then use your registered seeds to grow your own hemp, which you then process in-state. Along the way, though, you will need to acquire three different types of licensing, all of which are renewed on a yearly basis. The logistical overhead of this approach alone should be enough to illustrate the profound benefits of importing finished hemp products into Colorado that were produced by a white labeler in a different state.

The bottom line: Is starting a hemp business in Colorado a good idea?

Culturally, Colorado is a very ripe market for cannabinoid commerce. It was both one of the first states to allow hemp cultivation and one of the first states to put in place an adult-use cannabis program. To residents of Colorado, even intoxicating forms of cannabis have become commonplace, making non-intoxicating cannabinoid products even more mainstream.

The quality of products produced within Colorado may be considerably lower than what is achievable in finished cannabinoid products imported from other states. While Colorado-made hemp products can only be produced by approved entities, products formulated in other states are drawn from a nationwide pool of highly competitive, large-scale hemp producers.

Savvy entrepreneurs will recognize the vast potential for growth within the Colorado hemp market while sidestepping the onerous burdens imposed by state regulators. The best way to achieve this goal is to purchase bulk finished products made by out-of-state producers and then market them to Colorado residents.

Colorado Hemp Business FAQ

Learn more about the process of producing or selling CBD in Colorado below:

1. Is hemp legal in Colorado?

Yes, industrial hemp is legal in Colorado. As one of the first states in the nation to legalize cannabis for recreational purposes, Colorado has been careful to delineate the separations between hemp and cannabis production since 2012. The State of Colorado directly oversees the state’s industrial hemp program⁷, and jurisdiction is then split between two state sub-agencies.

2. Is it legal to buy CBD in Colorado?

Yes, the only restriction Colorado has imposed on purchasing CBD or other hemp products is that purchasing individuals must be at least 18 years old⁸. Otherwise, the state’s position reverts to federal law, which simply stipulates that hemp products must contain less than 0.3% delta-9 THC to be sold as industrial hemp.

3. Do you need a special license to sell CBD in Colorado?

No, it is not necessary to acquire a special license to sell CBD or other hemp products in Colorado. The state simply asks that businesses do not sell products to individuals under 18 years old. This system greatly incentivizes businesses to import products from out-of-state sources since, otherwise, multiple forms of licensing may be required.

4. Do you need a license to process hemp in Colorado?

Yes, depending on the scope of your operation, you may need to acquire as many as three different types of licensing to grow or process hemp in Colorado with a combined cost of thousands of dollars per year. While Colorado’s hemp processing fees are lower than the fees imposed in some other states, lists of approved sources and other regulations are strict, making it easier to import finished hemp products that were processed in other states.

Sources

1. Hemp | Department of Agriculture. (n.d.). https://ag.colorado.gov/plants/hemp
2. Processing, Sales, and Distribution | Department of Agriculture. (n.d.). https://ag.colorado.gov/plants/hemp/processing-sales-and-distribution
3. Seed | Department of Agriculture. (n.d.). https://ag.colorado.gov/plants/seed
4. StackPath. (n.d.). https://www.cannabisbusinesstimes.com/news/montana-south-dakota-orgeon-report-most-acres-hemp-planted-usda-nass-survey/#:~:text=Colorado%20reported%2010%2C100%20acres%20planted,top%20three%20for%20both%20lists.
5. Orf, D. (2023, January 18). The Truth About Why Bill Gates Keeps Buying Up So Much Farmland. Popular Mechanics. https://www.popularmechanics.com/science/environment/a42543527/why-is-bill-gates-buying-so-much-farmland/
6. Workbook: Hemp_SourceList_Updated. (n.d.). https://cohealthviz.dphe.state.co.us/t/EnvironmentalProgramsPublic/views/Hemp_SourceList_Updated/HempSourceList?%3Aembed=y&%3AisGuestRedirectFromVizportal=y&%3Aorigin=card_share_link
7. Industrial Hemp | Colorado cannabis. (n.d.). https://cannabis.colorado.gov/industrial-hemp
8. Is CBD oil legal in Colorado? | ColoradoCannabis.org. (n.d.). Colorado Cannabis Information Portal. https://coloradocannabis.org/cbd

How to Start a Hemp Business in Ohio

Ohio has been a nexus of American agriculture ever since the nation’s founding. Are this state’s fertile fields ready for hemp, though, and are the people of Ohio open to this cannabinoid’s benefits? Learn everything you’ll need to know to start a successful hemp business in Ohio over the course of this guide.

Ohio cannabinoid law overview

– Hemp cultivation and processing are legal in Ohio
– The state has also legalized the sale of hemp products
– Ohio does not impose considerable obstacles to hemp commerce
– All hemp products must pass inspection
– The Ohio Department of Agriculture provides comprehensive information1 for new hemp businesses
– Hemp cultivation licensing costs at least $725 every three years
– Hemp processing licensing costs at least $3,350 every three years
– Ohio has an excellent climate for hemp cultivation
– Overall, Ohio is one of the most amenable states to hemp commerce

Can I sell CBD in Ohio?

Yes, it is legal to sell CBD products in Ohio as long as they contain less than 0.3% THC. The state of Ohio defines “0.3% THC” somewhat differently from the federal government, however. While the federal definition of “THC” doesn’t include THCA at all, Ohio follows an alternative approach that has recently become more popular in the context of state laws.

Ohio calculates THC percentage using the following equation: Total THC = (THC + (THCA x 0.877). This equation can appear confusing at first, so let’s break it down.

To calculate THC percentage in Ohio CBD products, you first take the total delta-9 tetrahydrocannabinol (THC) percentage, which should be under 0.3%. Then, you take the delta-9 tetrahydrocannabinolic acid (THCA) percentage and multiply it by 0.877 before adding the resulting number to the amount of THC present in the product.

So, say a product contains 0.2% THC but 0.4% THCA. While its THC content is below the federally acceptable threshold, this product would still be inviable under Ohio state law since 0.4 x 0.877 = 0.35, making the combined “THC” content in the product 0.55%, which is more than the 0.3% total THC allowable under Ohio law.

Ohio law also stipulates that any CBD products sold within state lines must be inspected by “the appropriate local or state agency” and meet the state’s food safety standards. It’s even necessary to indicate on their packaging that CBD products comply with the state’s maximum THC concentration as defined by (THC + (THCA x 0.877). If you have any questions regarding this THC threshold policy, visit the official Ohio hemp program webpage2

Is it legal to grow hemp in Ohio?

Yes, hemp cultivation is legal in Ohio and is overseen by the Ohio Department of Agriculture (ODA). Hemp cultivators and processors must apply for separate licensing, but Ohio’s fees for hemp licensing are either lower or on par with the national average. Licenses must only be renewed once every three years with Ohio’s hemp licensing window lasting between November 1st and March 31st of each calendar year.

Do you need a license to grow hemp in Ohio?

Yes, it is necessary to obtain licensing to grow hemp legally in Ohio. Compared to the process of becoming a hemp processor in Ohio, applying for a hemp cultivation license is quite straightforward. Aspiring hemp cultivators in Ohio must simply apply for an OH|ID account, and then all required paperwork will become available through the state’s online portal. 

Ohio hemp cultivation license process

1. After registering with OH|ID, Ohio hemp cultivators must complete and submit a hemp cultivation application, which is accompanied by a $100 fee.
2. Then, a $500 fee is required per year per location. If you intend to grow hemp at one site over all three years of your application window, for instance, a fee of $1,500 will be required.
3. A $250 site modification fee is applied every time growers change their hemp cultivation locations.
4. A $150 pre-harvest lab testing fee is applied for each growing location per harvest.
5. Each key participant must undergo an FBI background check.
6. Applicants are required to provide detailed maps of their facilities.
7. For more information, visit the ODA’s official Hemp Cultivation webpage³

Do you need a license to process hemp in Ohio?

Yes, it is necessary to acquire proper licensing to legally process hemp in Ohio. Hemp processors must both pay larger fees than hemp cultivators and are subject to more stringent oversight. Just as is the case for Ohio hemp growers, however, hemp processing licenses last three years in the state compared to the national norm of one year.

Ohio hemp processor license process

1. Register for an OH|ID account, and navigate to Ohio’s official hemp processing webpage⁴.
2. Submitting a hemp processing application incurs a $100 fee. Applicants must pay $500 if they intend to process raw hemp grain and an additional $500 if they intend to process hemp fiber.
3. A fee of $3,000 is required of hemp processors that process the “raw floral component” of hemp, which includes both extraction facilities and smokable hemp producers.
4. From there, an additional fee of $500 is applied to hemp processing businesses that make cannabinoids into “human and animal food, dietary supplements, cosmetics and personal care products” on a wholesale basis. A fee of $250 is applied to businesses that intend to produce retail products.
5. All applicants and key participants must undergo background checks.
6. Applicants must also submit an Application for Certificate of Occupancy (PDF)
7. Once hemp processing applications are approved, processors must undergo a “label review” in which a food safety official will “conduct a label review of your hemp products along with reviewing your processes” with the goal of limiting hazards.
8. Another inspection occurs once product labels have been approved.
9. Processors must also put up a “surety bond” based on how much hemp they bought the previous year: $10,000 for $100,000 in hemp or less and $20,000 if the amount of hemp purchased exceeds $100,000.
10. Lastly, extraction facilities must provide detailed operation plans that comply with Ohio’s Administrative Code.

Does Ohio have a good climate for hemp cultivation?

Yes, the climate in Ohio is nearly ideal for hemp cultivation. It’s true that hemp grows best in biomes where the sun is always shining, but Ohio’s climate offers a very robust growing season that begins by early May and persists into late October.

Though hilly in some areas, Ohio is largely flat, allowing farmers to spread out over vast acreage with excellent lighting. Natural water sources are abundant, and the state economy is largely centered around agriculture, providing benefits and incentives to farmers.

How to start a hemp business in Ohio

The first step in starting a successful hemp business in Ohio is fully understanding the parameters of the situation. To that end, we’ll summarize our findings so far:

– Sales of CBD in Ohio are legal but considerably restrictive
– Hemp cultivation and processing fees are low in Ohio, but the level of government oversight is high
– Both Ohio’s culture and climate are largely friendly to hemp

Most important for prospective Ohio hemp entrepreneurs to consider are the considerable compliance requirements imposed by the state government. In addition to government-mandated training, Ohio hemp processors must submit to labeling requirements and post surety bonds in the tens of thousands of dollars.

Even if you fulfill all your obligations as an Ohio hemp processor, there are still the state’s highly specific labeling guidelines to consider. Instead of following the general definition of THC content in hemp products, Ohio also includes THCA, adding one more factor to keep in mind as an Ohio hemp processor.

Benefits of private labeling

It’s easy for all of this to seem overwhelming to a new hemp producer just now seeking to get started in Ohio. Those who have persisted within the CBD industry since its earlier days, though, are better equipped to tackle the regulatory complexity imposed by the hemp policies of states like Ohio.

In this state, it’s possible to lose your licensing status for seemingly minor code infractions. As a result, it’s a prudent move to rely on the expertise of a hemp cannabinoid white-labeler that has succeeded within the space for quite some time.

Major hemp producers have what it takes to adroitly navigate the regulatory environments imposed by states like Ohio, delivering products that not only meet but exceed state standards for quality and purity. This approach is the clear economic choice, and it makes even more sense to white label in states like Ohio, where initial oversights can significantly set back aspiring hemp entrepreneurs.

The bottom line: Will an Ohio hemp business be profitable?

All the factors are in place for any responsible hemp business to experience success in Ohio. The population is large, agriculture is encouraged, and the only issue is the burden imposed by state regulations and oversight.

If entrepreneurs simply make the right choices to ensure their products are compliant and in line with Ohio’s values, a population of nearly 8 million adults⁵ along with almost 900 million acres of arable farmland are at their disposal. The best way to make these wise business choices is to enlist the help of a trusted private labeler already operating successfully within the inter-state hemp economy.

Ohio Hemp Business FAQ

Familiarize yourself further with the ins and outs of operating an Ohio hemp business in the FAQ section below:

1. Can anyone grow hemp in Ohio?

Ohio does not make any specific restrictions against particular classes of individuals who can apply to become either hemp cultivators or processors. During the hemp license application process, however, you will be asked to submit to an FBI background check. A criminal history may result in your application being denied.

2. How much does a hemp license cost in Ohio?

Applying for a hemp license in Ohio costs at least $725 but may cost tens of thousands of dollars depending on the scope of your business. The Ohio state government only requires hemp licensees to renew every three years, however.

3. How many hemp plants can you grow in Ohio?

There is no limit to the number of plants that licensed hemp cultivators may grow in the state of Ohio. It is illegal to grow hemp without a license in this state, however.

Sources

1. Questions. (n.d.). https://agri.ohio.gov/divisions/hemp-program/faqs
2. Welcome to the Hemp program. (n.d.). https://agri.ohio.gov/divisions/hemp-program
3. Cultivation. (n.d.). https://agri.ohio.gov/divisions/hemp-program/cultivation
4. Processing. (n.d.). https://agri.ohio.gov/divisions/hemp-program/processing
5. United States Census Bureau QuickFacts. (n.d.). U.S. Census Bureau QuickFacts: Ohio. Census Bureau QuickFacts. https://www.census.gov/quickfacts/fact/table/OH/PST045222

How to Start a Hemp Business in Arkansas

Arkansas has both a climate and a regulatory structure that are friendly to hemp, but will the state’s culture or economy pose any impediments to companies offering cannabinoid products? These are the types of questions we’ll cover in this guide, which will unveil the ins and outs of starting a hemp business with operations in Arkansas. By the end, it may be apparent that white-labeling cannabinoid products imported from another state remains the best option at your disposal despite Arkansas’ best effort to incentivize hemp production.

Arkansas cannabinoid law overview

 – CBD products containing less than 0.3% are legal in Arkansas, legalized specifically by the Arkansas Agriculture Act of 2017¹
 – Even before the passage of the federal 2018 Farm Bill, Arkansas was already doing its best to revitalize local economies with hemp agriculture
 – Arkansas was at the forefront of the 2018-2020 hemp boom
 – Hemp commerce has since slowed down in the state, leading many farmers to abandon it as a cash crop²
 – The number of Arkansas hemp farmers has reduced from 125 in 2019 to less than 25 in 2022
 – Cultivators indicate that adhering to regulations has made hemp farming difficult in Arkansas
 – Raw hemp oversaturation remains an issue nationwide and is felt acutely in Arkansas
 – Hemp cultivation may be entering a depression in Arkansas, but hemp demand remains at an all-time high
 – The state government recently failed to ban THC derivatives³ in the state, indicating an unabated interest in cannabis-related topics

Despite ongoing challenges, hemp growers in Arkansas face additional hurdles due to strict lingering policies. 

Can I sell CBD in Arkansas?

Yes, it is fully legal to sell CBD products in Arkansas. Anticipating federal legislation that would legalize hemp nationwide the following year, Arkansas passed a law in 2017 that both legalized CBD commerce and allowed farmers in the state to start growing CBD-rich hemp plants.

At the time, Arkansas was experiencing an agricultural depression, which state regulators believed could be alleviated through hemp production. As a result, regulators in Arkansas confidently promoted the state’s fledgling hemp industry, contributing to an oversupply issue that has caused the number of hemp farmers in Arkansas to dwindle dramatically.

To be clear, there is great demand for high-quality, finished CBD products in Arkansas. The oversupply issue pertains to raw hemp biomass, often poorly cultivated and processed by farmers with no previous knowledge of hemp. There’s a significant demand in Arkansas for hemp products, and if the capability existed to process biomass into the types of high-quality finished hemp products produced in other states, hemp products would flourish in the state.

Is it legal to grow hemp in Arkansas?

Yes, growing hemp is perfectly legal in Arkansas, and in fact, the state government has gone out of its way to make the process simple and incentivized for growers who wish to cultivate the crop. The only stipulation made by the Arkansas state government is that dried hemp contain less than 0.3% THC, theoretically leading to Arkansas becoming a paradise for hemp cultivation.

Do you need a license to grow hemp in Arkansas?

Yes, it is necessary to become properly licensed if you wish to become a hemp cultivator or processor in Arkansas. Compared to other states, Arkansas makes it remarkably easy to navigate its hemp certification program with a simple diagram existing on the Arkansas hemp homepage⁴. Any prospective applicant can use it to quickly determine the workflow and fee schedule for their desired type of certification.

Arkansas hemp license process

If you intend to apply for a hemp cultivation or processing license in Arkansas, the first step is to navigate to www.agriculture.arkansas.gov and then find the tab for hemp program licensing. The state of Arkansas provides a very detailed Powerpoint presentation that applicants can review before applying, located at the top of the page.

Scroll down to view this year’s application deadlines, followed by a link to the following important documents:

 – Arkansas Hemp Application Instructions (PDF)
 – Arkansas Hemp Grower Application (PDF)
 – Arkansas Hemp Processor Application (PDF)

To determine how much you will need to pay to become certified, use the embedded JPG table located a bit further down the page. While potentially overwhelming at first, this diagram is very useful for determining how much you need to pay as a hemp processor or grower in Arkansas.

Starting from the top-left corner, take a look at the column labeled “fee description,” and determine which fees apply to your scope of business. All applicants, for instance, pay the “application fee” and “license fee,” which is indicated if you move a few columns over by the field indicated “license type.” If you need to pay a fee for both types of licenses, the entry under this field will be “both.”

Some fees may apply for certain years but not others, such as the “site modification fee” or the “GPS verification fee,” which only apply to new or modified facilities. Every year, though, hemp growers in Arkansas will need to pay the following fees:

 – Application fee: $50
 – License fee: $200
 – Acreage fee: $50-1,000
 – Sampling compliance fee: $100 per sample
 – Minimum total: $400

 Additional yearly compliance fees Arkansas hemp cultivators may accrue include:

 – Site modification fee: $200 per modification
 – GPS identification fee for new facilities: $100 per facility
 – Greenhouse fee: $100 per greenhouse

A separate, yet sometimes overlapping, set of fees apply to hemp processors, meaning business entities that handle harvested hemp in the process of turning it into high-CBD extracts and finished products. The following fees apply every year regardless of the scope of your hemp processing operation:

 – Application fee: $50
 – License fee: $200
 – Processor/handler fee: $500-1,500
 – Minimum total: $750

Additionally, the following fees could be applied to a hemp processing operation in Arkansas depending on the circumstances at hand:

 – Site modification fee: $200 per modification
 – GPS identification fee for new facilities: $100 per facility

Does Arkansas have a good climate for hemp cultivation?

Environmental conditions are highly conducive to hemp cultivation in most parts of Arkansas. The state can experience harsh winters and seasonal weather systems that occasionally damage crops or shorten growing seasons. Overall, though, hemp cultivators in Arkansas are theoretically capable of harvesting abundant yearly crops due to warm summers with reasonably high levels of rainfall throughout the state.

How to start an Arkansas Hemp Business

This is not the time to start growing and processing your own hemp in Arkansas from scratch. High hopes for the state’s hemp industry have faced challenges, including oversupply and the steep learning curve of cultivating cannabis.

While hemp farming struggles, Arkansans are discovering the potential of cannabinoids like never before. Many residents first tried CBD through products sold at local food co-ops and natural food stores. However, as Arkansas’s hemp economy has declined, many of these products have been pulled from shelves.

Benefits of private labeling

Arkansas has a consumer niche eager for hemp and frustrated by the lack of high-quality products. This creates an ideal opportunity for cannabinoid companies, both local and non-local, to introduce Arkansans to premium artisan hemp products similar to those crafted in states with leading hemp producers.

The bottom line: Is starting a hemp business in Arkansas a good idea?

Starting a hemp business in Arkansas is still a good idea even today if you simply limit the scope of your business to the areas that are profitable within the state economy. Biomass producers in the state, for example, often search for wholesale contacts to distribute their inventory, making it a challenging period to introduce unprocessed hemp materials of any kind in Arkansas.

With many companies failing and local products going out of stock, however, there has never been a better moment to pick up the slack with better cannabinoid offerings produced in states like Oregon, which has been the epicenter of the hemp revolution since its inception. Arkansas shoppers are eager to embrace CBD, they just need exposure to the right products.

Arkansas Hemp Business FAQ

Learn more about the process of getting licensed and starting a hemp business in Arkansas below:

How do I get a hemp license in Arkansas?

The process of applying for a hemp license in Arkansas is generally very simple. Just navigate to the state’s hemp program homepage, check the diagram to determine which type of licensing and fees apply to your business, and download any forms you may need to fill out. Then, simply submit your finished application by mail or online along with any relevant fees. 

Can I get a hemp license in Arkansas online?

Yes, it is possible to go through the entire process of becoming a licensed hemp cultivator or processor in Arkansas completely online. All of the required paperwork is available on the state’s main hemp webpage, and fees can also be paid online. To ensure your application is processed in a timely manner, though, you may want to submit your application in person.

How do I get a CBD license in Arkansas?

There is no such thing as a “CBD license” in Arkansas. Any Arkansas business can sell CBD products to any individual regardless of age. No special licensing is required for the sale of CBD in Arkansas; licensing is necessary only if you intend to grow or process hemp in the state. 

Sources

1. Is CBD oil legal in Arkansas? | arkansascannabis.org. (n.d.). Arkansas Cannabis Information Portal. https://arkansascannabis.org/cbd#:~:text=Yes.,production%20within%20the%20state%27s%20borders.
2. Froelich, J. (2022, October 25). “Make or break year” for hemp farming in Arkansas. KUAF 91.3. https://www.kuaf.com/show/ozarks-at-large/2022-10-25/make-or-break-year-for-hemp-farming-in-arkansas
3. Roberts, C. (2023, September 8). Judge blocks Arkansas ban on delta-8 THC, other hemp products. MJBizDaily. https://mjbizdaily.com/judge-blocks-arkansas-ban-on-delta-8-thc-other-hemp-products/
4. Applications for hemp licensing – Arkansas Department of Agriculture. (2023, April 7). Arkansas Department of Agriculture. https://www.agriculture.arkansas.gov/plant-industries/feed-and-fertilizer-section/hemp-home/applications-for-the-hemp-program/

Cannabinoid Laws in Italy

Italy, renowned for its Mediterranean climate, laid-back ambiance, and rich history, is gradually gaining recognition for a different reason. The southern European country is seen as a place where people can use various cannabinoids without repercussion.

Is it true that cannabis has been decriminalized in Italy, and what does this mean for entrepreneurs seeking to offer cannabinoids to the Italian people? In this guide, we’ll explore all the intricacies of Italian law and culture pertaining to cannabis, providing a roadmap for approaching the Italian market with CBD, CBG, and other hemp cannabinoids.

Are cannabinoids legal in Italy?

Italy has decriminalized THC cannabis possession in quantities up to 1.5 grams. The nation follows the general EU rule on cannabinoids, allowing EU-produced products with less than 0.3% THC¹ to enter.

Overall, Italy should be viewed as one of the more lax cannabis markets. In nations that impose strict controls on cannabis in general, a confluence of cultural and regulatory factors usually prevents even non-intoxicating cannabinoids from flourishing. Since Italy accepts cannabis overall, it usually has no problem accepting non-intoxicating cannabinoids like CBD and CBG.

Italy operates a medical cannabis market, but oddly enough, the entirety of the medical cannabis supply chain in Italy is overseen by the military². Rather than standardizing the industry, this approach has simply led to supply chain gaps and facilities shutting down³.

Clearly, Italy is not without its own struggles surrounding cannabis production and regulation. It remains the case, though, that the general attitude toward cannabis is highly relaxed in the Mediterranean country.

History of cannabis in Italy

Cannabis has been cultivated in Italy⁴ since time immemorial. Archaeological records show that Ancient Romans grew hemp as early as the Late Pleistocene age with clear records evident dating at least as far back as 1000 BC. The cultivation of cannabis for textile, medicinal, and spiritual purposes has continued uninterrupted in Italy ever since.

The use of cannabis was so widespread in Rome that Pliny the Elder makes considerable space to mention its cultivation in his history. Detailed notes are provided on the sowing of seeds in the spring, reaping of buds at the autumn equinox, and then drying the plants by wind or the smoke of a fire. Cannabis cultivation remains a core component of treatises on agriculture throughout the ups and downs of the Roman Empire’s tenure in Italy.

After the fall of Rome, cannabis enjoyed great usage in Italy during the period of the merchant republics, who largely relied on hemp sailcloth to make their voyages throughout the Mediterranean. Hemp remained the main fiber used for sails throughout Italian Unification and only saw a decrease in popularity as synthetic sailcloths became available.

Then, the global War on Drugs swept through Italy, bringing along with it a temporary rejection of cannabis. This distance has only made the Italian people fonder of the plant, however, who now recognize in even more detail the vast medicinal and healing properties of cannabinoids.

History of cannabis laws in Italy

Despite the outbreak of anti-cannabis laws that spread throughout Europe in the wake of Napoleon’s conquest of Egypt, Italy, enjoying long relations with the Moors and their hash-smoking practices, continued to allow cannabis use all throughout the 19th century. In 1887, in fact, the Italian Dr. Raffaele Valieri⁵ became one of the first scientists to publish the results of his research into cannabis use among the terminally ill.

At the First International Opium Conference in 1912, though, Italy turned heads when it demanded that cannabis be banned⁶ along with opium, citing sudden issues with hashish that had erupted in Italian colonies in Libya. This request was granted during the Second International Opium Conference in 1925, but only in the context of international trade.

Even as its position toward the intoxicating components of cannabis soured, Italy remained one of the world’s most prominent producers and exporters of hemp until the 1950s. Then, a combination of slowing domestic production and hostile international views on drugs led Italy to shrink back on hemp production for more than half a century.

Italy was one of the signatories of the UN Single Convention on Narcotic Drugs in 1961⁷, effectively making cannabis use illegal. Then, the nation banned hemp cultivation altogether in 1980, leading to the erasure of many irreplaceable Italian cannabis phenotypes that had resulted from centuries of careful interbreeding.

The period of full Italian cannabis prohibition would prove short-lived. In 1993, Italy made the controversial move⁸ of removing penalties for the possession of “soft drugs” at the culmination of a lengthy national discourse on the differences between “using” and “pushing” illegal narcotics.

This move began an overall push to bring hemp and cannabis back into the Italian regulatory fold. An era not without its drama, cannabis would be famously re-criminalized in Italy in 2006 before finally becoming decriminalized again in 2014⁹. This decriminalization only applies to personal use, however, with the cultivation and sale of THC cannabis remaining federal offenses under Italian law.

Which cannabinoids are legal in Italy?

The story surrounding cannabinoids in contemporary Italy is somewhat complex. The nation suffers from an overall drug criminality problem that it has tried to solve in countless ways. Recently, for instance, Italy legalized what it calls “cannabis light¹⁰,” which refers to domestically produced hemp products containing less than 0.2% (now 0.3%) THC.

Retailers took to this new law like wildfire, in many cases offering products containing more than the legal THC threshold or using strains not approved as “hemp” by the Italian government. Inevitable regulatory pushback has ensued, and the status of “cannabis light” products is anything but stable.

Despite these minor quirks, Italy generally allows the import and sale of non-THC cannabinoids as long as they contain less than 0.3% THC. CBD and CBG are not considered “cannabis light” by default and do not necessarily need to be derived from approved strains.

Is CBD legal in Italy?

Yes, CBD is legal in Italy due to a combination of both EU and domestic law. Following all applicable EU guidelines on the subject, CBD products entering Italy must simply contain less than 0.3% THC and meet any other general import requirements. Italy is a CBD-friendly country, with sales rapidly increasing through both brick-and-mortar and online platforms.

Is CBG legal in Italy?

Italian law has not explicitly addressed the lesser-known cannabinoid cannabigerol (CBG). As long as CBG products contain less than 0.3% THC, however, offering them to Italians most likely won’t meet with any obstacles. Impressed by the benefits of both THC and CBD, the Italian market is eager to encounter new cannabinoids.

Is THC legal in Italy?

In Italy, possession of up to 1.5 grams of THC-rich cannabis is decriminalized, but not legal. This means that Italian police cannot arrest or fine you if there is less than 1.5g of cannabis in your possession. Fines apply for larger quantities, but jail time becomes possible only after repeated possession limit violations.

Enforcement of cannabis laws has gone down even more with the advent of Italy’s medical cannabis industry. Culturally relaxed views on cannabis seem to influence law enforcement, highlighted by the Italian military’s role in distributing cannabis.

Despite all this, it’s still important to remember that cannabis is not legal in Italy, only decriminalized. This remains a nation where cannabis is generally illegal, and if you bend the law too far, you might find out just how inflexible Italian cannabis policies can be.

Does Italy have adult-use cannabis?

No, Italy has not legalized adult-use cannabis, though it will likely be one of the first European countries to do so. The EU continues to make it difficult for individual member nations to establish adult-use cannabis industries, but Germany is spearheading a multi-nation initiative to overrule this position. As a country that embraces cannabis overall but is struggling with supply chain issues, Italy is an obvious candidate for a streamlined and modern adult-use cannabis industry.

Can you import cannabinoids into Italy?

Yes, cannabinoid products containing less than 0.3% THC are generally admissible for import into Italy. EU law dictates that imported hemp products must originate in member nations, however, so it’s necessary to work with a European distributor to access the Italian market.

Are there cannabinoid manufacturers in Italy?

Italy lacks cannabinoid manufacturers, and domestic producers must stick to non-intoxicating cannabis strains for now. As odd as it may seem at first, the primary cannabis producer in Italy is the Italian military with its monopoly on medical cannabis cultivation. Otherwise, the Italian market is wide open for cannabinoid manufacturers to establish their brands.

Summary: Viva Italia, viva cannabis

Out of all the European nations, Italy may be the foremost when it comes to cannabis history. The plant played a crucial role in every stage of the rise and fall of the Roman Empire, and Italian farmers continued to grow hemp in the region for centuries afterward.

Italians view cannabis as an ancestral plant, often misunderstood, with potential for misuse under certain circumstances. The centerpiece of Europe’s diverse swath of positions on cannabis, Italy’s cannabinoid market is as ripe as its beautiful, ancestral farmlands.

Sources

1. Sabaghi, D. (2021c, December 14). European Union Increases THC Level For Industrial Hemp. Why Does It Matter? Forbes. https://www.forbes.com/sites/dariosabaghi/2021/12/14/european-union-increases-thc-level-for-industrial-hemp-why-does-it-matter/?sh=5a3d8f18128b
2. Kington, T. (2022, December 30). A high ambition: Italian Army aims for self-sufficient cannabis market. Defense News. https://www.defensenews.com/global/europe/2022/12/30/a-high-ambition-italian-army-aims-for-self-sufficient-cannabis-market/
3. Stevens, B. (2023). Italian Military Halts Production Of Medical Cannabis Production Piling Pressure On Supply Chain. Business of Cannabis. https://businessofcannabis.com/italian-military-halts-production-of-medical-cannabis-production-piling-pressure-on-supply-chain/
4. The long history of Cannabis and its cultivation by the Romans in central Italy, shown by pollen records from Lago Albano and Lago di Nemi on JSTOR. (n.d.). https://www.jstor.org/stable/23418014
5. Dell’Amico, M. (2014, January 9). La canapa in Italia dalle pipe preistoriche alla legge Cossiga. Wired Italia. https://www.wired.it/lifestyle/salute/2014/01/09/quando-tutti-gli-italiani-amavano-la-canapa/
6. A cannabis reader: global issues and local experiences: Volume 1 | www.emcdda.europa.eu. (2023, September 13). https://www.emcdda.europa.eu/publications/monographs/cannabis-volume1_en
7. SINGLE CONVENTION ON NARCOTIC DRUGS, 1961. (n.d.). United Nations. https://www.unodc.org/pdf/convention_1961_en.pdf
8. Sabaghi, D. (2021a, September 13). Inside Italy’s Push To Decriminalize Recreational Cannabis. Forbes. https://www.forbes.com/sites/dariosabaghi/2021/09/13/italy-wants-to-decriminalize-marijuana-on-the-ballot-amid-a-race-against-time/?sh=57d745a9639b
9. Cruciata, G. (2020). The crisis of marijuana criminalization in Italy. Filter. https://filtermag.org/criminalization-italy-marijuana-hash/
10. Italy’s “cannabis light” creates buzz even if the pot won’t | AP News. (2021, May 1). AP News. https://apnews.com/article/marijuana-italy-business-courts-international-news-ea9ac614af74488b8977e3dbe54dd795

Cannabinoid Laws in Sweden

Sweden enforces a stringent legal framework and holds deeply rooted cultural apprehensions toward cannabis and cannabinoids. This rigid stance often leads to intense reactions towards cannabis use, prompting a discourse among citizens and global observers alike on the rationale behind Sweden’s cannabis regulations.

Some less-than-reasonable misunderstandings of the plant certainly seem to be at play. At the same time, Sweden has tentatively begun a small medical cannabis program¹ that is already threatening to grow out of control.

Will Sweden overcome its stigma enough to embrace the economic benefits of cannabinoids, or will one of Europe’s most progressive countries remain lamentably backward in the arena of cannabis? Find out how Sweden currently views cannabinoids (including CBD and CBG) along with projections for the future of cannabis in the Scandinavian nation.

Are cannabinoids legal in Sweden?

Sweden allows doctors to prescribe cannabis products through a medical cannabis program. Patients and doctors can agree on cannabis as a treatment without requiring other treatments first or additional hurdles.

Otherwise, though, cannabinoid law in Sweden reverts to the nation’s no-tolerance standard of THC. Swedish law does not classify products with even a trace of THC as hemp. Products containing isolate CBD, which does not include traces of THC, have been viable for sale since before the passage of the country’s new medical cannabis law in 2022.

Travelers and citizens should note that Sweden only legalizes cannabis with a doctor’s prescription. Also, the only products approved are the synthesized THC drugs Sativex and Dronabinol along with select options from Bedrocan, a major Dutch cannabis exporter.

There are no “medical dispensaries” in Sweden; all cannabis is dispensed through a conventional pharmacy. Cannabis has also not been decriminalized in Sweden, with even small quantities entailing harsh judgments under Swedish cannabis law.

Medical cannabis may be legal in Sweden now, but that doesn’t mean cannabis is culturally accepted. Use cannabis publically in Sweden, and you’ll find out just how much Swedes still look down on the plant’s use and the people who use it.⁴

History of cannabis in Sweden

Cannabis horticulture was introduced to Sweden as early as the 1st century AD². Extensive archaeological evidence suggests that cannabis cultivation became widespread by the fifth century AD with sites discovered where hemp retting³ was performed.

Sweden narrowly escaped becoming part of the Dutch Empire during its colonial days, but it remained largely under the Dutch sphere of influence. As a result, cannabis law in Sweden has historically largely mirrored that of its near neighbors.

Cannabis became a major cultural issue in Sweden in the mid-1950s when American jazz musicians began bringing the plant with them when performing in Swedish clubs. Cannabis use among young people became considerably prominent in Gothenburg and other major Swedish cities in the 1970s, and it became associated with overall drug use once Europe’s heroin epidemic hit later that decade.

Over the years, Swedes have accumulated an overall outlook on cannabis that is profoundly negative. A Swedish study⁴ published in Addiction in 2015, for instance, found that men registered in Sweden’s mandatory military service were more likely to be unemployed or in need of government assistance later in life if they admitted to using cannabis heavily as teens.

Highlighting Sweden’s bias against cannabis, the research lacked controls, with authors stating the associations are “not explained fully by other health-related, social, or behavioral problems.” This research style appears designed to produce a specific outcome.

History of cannabis and cannabinoid laws in Sweden

Cannabis in all forms was made illegal in Sweden in 1930⁵, shortly after a similar law was passed in Holland. Then, Sweden became one of the signatories of the UN Convention on Drugs in 1961⁶, coming into agreement with international positions on laws governing cannabis and other drugs.

Unlike the case in other countries, Sweden has never loosened its stance on cannabis. More accurately, Sweden first allowed medical cannabis through doctors, limited to approved synthetic cannabinoid pharmaceuticals or Bedrocan products.

Sweden has made no moves to legalize or decriminalize cannabis in a wider sense. Sweden does not legalize adult cannabis use and prohibits medical cannabis patients from growing plants or forming patient collectives.

All in all, Sweden features some of the most punitive and restrictive positions on cannabis in the entirety of Europe. Due to these restrictive laws, Sweden is the last thing from an ideal market for offering cannabinoids.

Which cannabinoids are legal in Sweden?

Cannabinoids are, in general, illegal in Sweden with only a few small exceptions being made. As we’ve discussed, Sweden has a small medical cannabis program consisting of pharmaceutical medications and imported Dutch products.

Aside from this token acknowledgment of cannabis, however, Sweden has mainly kept any product with any association with THC fully illegal. This complicates things for those offering THC products and for CBD or CBG purveyors, who often contain small amounts of THC.

Is CBD legal in Sweden?

Yes, CBD products are legal in Sweden, but only if they do not contain any trace of THC whatsoever. If a CBD product is found to contain any THC, Swedish authorities will consider it to be marijuana, resulting in confiscation, fines, or even prison sentences for the offender.

As a result, CBD isolate is usually the only type of CBD sold in Sweden. Even broad-spectrum CBD extract, which also contains zero traces of THC, is only infrequently used in Swedish markets due to the potential of a law-enforcement misunderstanding.

Is CBG legal in Sweden?

The Swedish government has not made any special exceptions for CBG, so if CBG products are to enter the country, they must simply not contain any THC whatsoever. Due to a lack of familiarity with the cannabinoid combined with the nation’s alarmist position on anything related to cannabis, it may, nonetheless, be wise to avoid importing CBG into Sweden.

Is THC legal in Sweden?

No, THC is not legal in Sweden except in the context of its government-controlled medical cannabis program, which mainly offers synthetic pharmaceutical cannabinoids rather than genuine cannabis products. Possessing THC products in Sweden can result in fines and jail time, while trafficking is a felony with mandatory prison.

Does Sweden have adult-use cannabis?

No, Sweden does not allow adult-use cannabis, and it may be one of the last nations in the Western world to adopt such a policy. In Sweden, cannabis use is culturally associated with laziness and criminality, a deeply entrenched stigma built over decades.

Can you import cannabinoids into Sweden?

Yes, cannabinoid products are generally clear for import into Sweden as long as they do not contain any THC whatsoever. Great care should be taken around THC-adjacent cannabinoids like delta 8 and HHC as well, which appear to be in the process of being banned⁷ even in cannabis-positive European nations.

CBD is the only cannabinoid fully approved for import into Sweden. Other cannabinoids will likely face Sweden’s strict stance on THC, which can even lead to felony charges.

Are there cannabinoid manufacturers in Sweden?

No, Swedish law prohibits the production of cannabinoid products on Swedish soil. All products in Sweden’s medical cannabis program are imported from other countries.

As with other EU nations, Sweden is much friendlier toward hemp products produced within the European Economic Area (EEA). Partnering with an EEA hemp producer is a crucial first step to selling cannabinoids in Sweden.

Sweden: Hemp’s frozen wasteland

Surrounded by darkness half the year and disciplined activity the other, Swedes have little time for distractions. This cultural context partly explains Sweden’s strong opposition to cannabis and cannabinoids. Why Sweden remains so staunch in rejecting cannabis and cannabinoids remains a mystery. If cannabinoids gain traction in Sweden, the nation could become a global tipping point for cannabis acceptance. Enter Sweden’s cannabinoid market bravely but with caution, focusing on CBD for now.

Sources

1. DeAngelo, A. (2022, June 30). An Inside Look At Sweden’s First Medical Cannabis Conference. Forbes. https://www.forbes.com/sites/andrewdeangelo/2022/06/30/an-inside-look-at-swedens-first-medical-cannabis-conference/
2. Larsson, M., & Lagerås, P. (2014). New evidence on the introduction, cultivation and processing of hemp (Cannabis sativaL.) in southern Sweden. Environmental Archaeology, 20(2), 111–119. https://doi.org/10.1179/1749631414y.0000000029
3. Hemp Harvesting, Retting, and Fiber Separation. (n.d.). USDA. https://www.ers.usda.gov/webdocs/publications/41740/15855_ages001ee_1_.pdf?v=0
4. Danielsson, A., Falkstedt, D., Hemmingsson, T., Allebeck, P., & Agardh, E. (2015). Cannabis use among Swedish men in adolescence and the risk of adverse life course outcomes: results from a 20 year‐follow‐up study. Addiction, 110(11), 1794–1802. https://doi.org/10.1111/add.13042
5. Sweden, drug use in | Encyclopedia.com. (n.d.). https://www.encyclopedia.com/education/encyclopedias-almanacs-transcripts-and-maps/sweden-drug-use
6. SINGLE CONVENTION ON NARCOTIC DRUGS, 1961. (n.d.). United Nations. https://www.unodc.org/pdf/convention_1961_en.pdf
7. Dréan, M., & Battaglia, M. (2023, June 15). As France bans HHC cannabis alternative, stores rush to sell off stock. Le Monde.fr. https://www.lemonde.fr/en/france/article/2023/06/15/as-france-bans-hhc-cannabis-alternative-stores-rush-to-sell-off-stock_6032081_7.html

Cannabinoid Laws in Spain

Spain has recently become known as an international epicenter of cannabis tourism, raising questions about the nation’s actual stance on cannabinoids. Is the Mediterranean country as receptive to cannabinoids as it appears? From Spain’s stance on specific cannabinoids to insights into the nation’s overall cannabis culture, learn everything you need to know about marketing cannabinoid products to Spaniards. 

What are the cannabinoid laws in Spain?

Spain decriminalizes the possession and use of THC-rich cannabis products for most purposes. The nation also follows EU standards for CBD products, recently raising the maximum THC threshold to 0.3%.

Cannabis is not, however, “legal” in Spain, and the existence of cannabis clubs has led to considerable controversy over the years. It’s also important to remember that Spain is hardly monolithic with individual provinces and cities often imposing their own cannabis regulations.

History of cannabis in Spain

The modern science of “historical biogeography” commonly places the first entry of Cannabis sativa into Europe somewhere in the Iberian Peninsula¹, an area of Europe comprising Spain and Portugal. Using archaeological and geological records, scientists have been able to determine that cannabis use was already widespread in prehistoric Europe² with an emphasis on the Iberian Peninsula region.

It’s fair to say that cannabis is deeply rooted in Spanish soil, also influencing the country’s arts and history. Like most other colonial powers, the Spanish cultivated hemp extensively for sailcloth, and as the foremost colonial empire for centuries, Spain had a great need for sails.

It should come as no surprise, therefore, that the Spanish began cultivating hemp in Chile as early as 1545³, which most historians credit as the introduction of Cannabis sativa to the Americas. Records of cannabis use for medical or religious purposes in Spain are scant, but to this day, the Spanish are remembered for their connection to sorcery⁴.

Spaniards brought their own understanding of the occult, including the magical art of pharmacy, to the Americas, where it blended with the shamanistic beliefs⁵ of the natives. Already accustomed to entheogenic substances, indigenous peoples widely embraced the psychoactive properties of cannabis while colonizing Spaniards still mostly used the plant for sail fiber.

Spain underwent a great deal of cultural interchange during its colonial period, bringing certain spiritual practices back from the New World with it. Cannabis never truly died out in Spain, and the country’s 20th-century views on cannabis stem from the Iberian Peninsula’s ancient role as a cannabis homeland.

History of cannabis laws in Spain

In 1992, the Spanish government decriminalized the possession and personal use of all drugs⁶, becoming one of the first European nations to take this dramatic step. While this law did not make it legal to cultivate cannabis or use it in public spaces, it essentially made it impossible for the Spanish government to arrest you for possessing small amounts of cannabis.

Then, in 2015, Spain decriminalized personal cultivation of cannabis⁷ as long as plants were not viewable in public spaces. Nonetheless, Spanish citizens have taken to growing cannabis on their balconies, exploiting a legal loophole providing that balconies are private, not public spaces.

Buying or selling cannabis remains illegal in Spain. Due to the combination of these two decriminalization laws, however, cannabis clubs have formed and flourished throughout Spain. These clubs consist of members who make donations in exchange for products — legally, no actual exchange of tender for goods occurs.

Over the years, various cannabis clubs have been shut down in Spain, or members have been penalized. These actions were always on behalf of local governments, however, with the Spanish federal government sticking by its position that cannabis possession is decriminalized for personal use.

Which cannabinoids are legal in Spain?

The only cannabinoid that is specifically illegal in Spain is THC, and only within certain specific contexts. THC products are decriminalized in Spain, and the nation has not established specific provisions for other cannabinoid products. As such, regulations regarding CBD in Spain revert to EU guidelines⁸, which stipulate that CBD may be imported into member nations as long as it contains less than 0.3% THC.

Is CBD legal in Spain?

Yes, CBD is generally considered to be legal in Spain since the nation follows EU mandates. The EU has determined that CBD products containing less than 0.3% THC are legal for sale within its member nations, and Spain has not made any moves to the contrary. Currently, CBD products are widely sold throughout Spain in boutiques, natural food stores, and similar locations.

Is CBG legal in Spain?

The legality of cannabigerol (CBG) in Spain is questionable since the EU has not ruled on this particular cannabinoid. The general thrust of current international cannabinoid law, though, is to accept new cannabinoids so long as they contain less than 0.3% THC.

With cannabinoids like CBG, it is especially important to remember the near-autonomy certain Spanish provinces have regarding import and export laws. Importing CBG into Catalonia, an area known for its lax positions on cannabis⁹, could be easier, for instance, than attempting to import the cannabinoid into Madrid.

Is THC legal in Spain?

No, THC products are not legal in Spain. Spain has many cannabis clubs because Spanish law decriminalizes cannabis use, possession, and, in some cases, cultivation.

While certain prescription cannabis medications are available through the Spanish pharmacy system, the nation has yet to enact comprehensive medical cannabis laws. Efforts are underway to push this agenda forward in 2023¹⁰, which would undoubtedly have a positive effect on cannabinoid laws in Spain, but so far, no system for fully legal cannabis sales exists.

Does Spain have adult-use cannabis?

No, adult-use cannabis is not legal in Spain. Instead, the country has decriminalized most forms of cannabis possession and use, effectively allowing anyone in Spain to use cannabis without facing legal repercussions. However, it is important to note that decriminalization is very different from legalization.

Can you import cannabinoids into Spain?

It is legal to import CBD products into Spain as long as they follow general EU and Spanish import procedures and contain less than 0.3% THC. Other forms of cannabis import into Spain are usually prohibited, as they are considered drug trafficking.

Unlike nations with medical or adult-use cannabis economies, there is no legal pretext for exporting cannabis products to Spain. Although cannabis use is decriminalized, importing cannabis products with more than 0.3% THC could be seen as illegal in Spain.

Are there cannabinoid manufacturers in Spain?

There are no legitimate, above-board THC cannabis manufacturers located within the borders of Spain. Since the nation has not enacted medical or adult-use cannabis laws, THC cultivation and processing is typically considered illegal drug trafficking.

The situation is different for CBD, though. Taking the Spanish government’s silence on the issue as tacit acceptance, various manufacturers have started producing CBD on home soil. CBD products made in Spain, however, do not benefit from the advanced methods and systems that have been developed in already-established cannabinoid economies.

As a result, Spanish-made CBD products are unlikely to compare favorably to imported options offered by larger producers servicing multiple countries. Spanish CBD producers must also abide by guidelines that are not imposed on foreign producers.

Summary: Iberian roots and Catalonian offshoots

Modern scientists are nearly universal in the belief that cannabis entered Europe by way of the Iberian Peninsula. In Spain and many other areas of Europe, cannabis cultivation never truly stopped. How could a century’s aberration cover up millennia of agricultural practice, after all?

It’s easy to forget, but Catalonia nearly became its own independent nation a few years ago, which the province’s stances on cannabis clearly reflect¹¹. Today, Catalonia is a massive hub of illicit cannabis trafficking, a situation never intended by lawmakers or even average users.

So, Spain represents both the best and the worst of cannabis. On the one hand, it’s the historical homeland of the plant, and on the other, Spain remains burdened by a difficult-to-dismantle black-market cannabis economy.

In such an environment, it’s important to make cannabis seem everyday. Whichever struggles the nation may currently be facing in the realm of THC cannabis, make it clear that non-intoxicating cannabinoids like CBD and CBG are in another category altogether.

Spain and cannabinoids go together beautifully, and they always have. By sidestepping the nation’s current adult-use cannabis issues and focusing on the core benefits of cannabinoids, entrepreneurs have the potential to be wildly successful within this uniquely cannabis-attenuated market. 

Sources

1. Rull, V., Burjachs, F., Carrión, J. S., Ejarque, A., Fernández, S., López-Sáez, J. A., Luelmo-Lautenschlaeger, R., Ochando, J., Pérez-Díaz, S., Revelles, J., Riera, S., & Rodriguez, S. (2023). Historical biogeography of Cannabis in the Iberian Peninsula: A probabilistic approach using palynological evidence. Perspectives in Plant Ecology Evolution and Systematics, 58, 125704. https://doi.org/10.1016/j.ppees.2022.125704
2. Europe PMC. (n.d.). When and How Did Cannabis Reach Europe and the Iberian Peninsula? https://europepmc.org/article/ppr/ppr425352
3. Brill, H. (1981). Marihuana: The first twelve thousand years. Journal of Psychoactive Drugs. https://doi.org/10.1080/02791072.1981.10471902
4. Hammer, J. (2022, October 31). Spain’s Centuries-Long witch hunt killed 700 women. Smithsonian Magazine. https://www.smithsonianmag.com/history/spain-centuries-long-witch-hant-killed-700-women-180981018/
5. Gareis, I. (2013). Merging Magical Traditions: Sorcery and Witchcraft in Spanish and Portuguese America. Oxford University Press eBooks. https://doi.org/10.1093/oxfordhb/9780199578160.013.0024
6. Decriminalisation in Europe? (n.d.). European Legal Database on Drugs. https://www.emcdda.europa.eu/attachements.cfm/att_5741_EN_Decriminalisation_Legal_Approaches.pdf
7. Weinberg, B. (2018). Cannabis cultivation decriminalized in Spain? High Times. https://hightimes.com/grow/cannabis-cultivation-decriminalized-in-spain/
8. Sabaghi, D. (2021b, December 14). European Union Increases THC Level For Industrial Hemp. Why Does It Matter? Forbes. https://www.forbes.com/sites/dariosabaghi/2021/12/14/european-union-increases-thc-level-for-industrial-hemp-why-does-it-matter/?sh=5a3d8f18128b
9. Morel, S. (2022, April 8). In Catalonia, the law struggles with private cannabis clubs. Le Monde.fr. https://www.lemonde.fr/en/international/article/2022/04/08/in-catalonia-the-law-struggles-with-private-cannabis-clubs_5980043_4.html
10. Diariofarma. (2023). La Sociedad Española del Dolor pide una ley del cannabis. Diariofarma. https://diariofarma.com/2023/05/25/la-sociedad-espanola-del-dolor-pide-una-ley-del-cannabis
11. Garcia, H., & Faus, J. (2023, June 28). Catalonia cracks down on booming marijuana industry. Reuters. https://www.reuters.com/world/europe/catalonia-cracks-down-booming-marijuana-industry-2023-06-28/

Cannabinoid Laws in Italy

Italy, renowned for its Mediterranean climate, laid-back ambiance, and rich history, is gradually gaining recognition for a different reason. The southern European country is being considered a place where people can use whichever cannabinoids they wish without repercussion.

Is it true that cannabis has been decriminalized in Italy, and what does this mean for entrepreneurs seeking to offer cannabinoids to the Italian people? In this guide, we’ll explore all the intricacies of Italian law and culture pertaining to cannabis, providing a roadmap for approaching the Italian market with CBD, CBG, and other hemp cannabinoids.

Are cannabinoids legal in Italy?

Italy has decriminalized THC cannabis possession in quantities up to 1.5 grams. When it comes to other cannabinoids, the nation follows the general EU rule on the subject, which dictates that cannabinoid products are admissible for entry into EU countries as long as they are produced in the EU and contain less than 0.3% THC¹.

Overall, Italy should be viewed as one of the more lax cannabis markets. In nations that impose strict controls on cannabis in general, a confluence of cultural and regulatory factors usually prevents even non-intoxicating cannabinoids from flourishing. Since Italy accepts cannabis overall, it usually has no problem accepting non-intoxicating cannabinoids like CBD and CBG.

Italy operates a medical cannabis market, but oddly enough, the entirety of the medical cannabis supply chain in Italy is overseen by the military². Rather than standardizing the industry, this approach has simply led to supply chain gaps and facilities shutting down³.

Clearly, Italy is not without its own struggles surrounding cannabis production and regulation. It remains the case, though, that the general attitude toward cannabis is highly relaxed in the Mediterranean country.

History of cannabis in Italy

Cannabis has been cultivated in Italy⁴ since time immemorial. Archaeological records show that Ancient Romans grew hemp as early as the Late Pleistocene age with clear records evident dating at least as far back as 1000 BC. The cultivation of cannabis for textile, medicinal, and spiritual purposes has continued uninterrupted in Italy ever since.

The use of cannabis was so widespread in Rome that Pliny the Elder makes considerable space to mention its cultivation in his history. Detailed notes are provided on the sowing of seeds in the spring, reaping of buds at the autumn equinox, and then drying the plants by wind or the smoke of a fire. Cannabis cultivation remains a core component of treatises on agriculture throughout the ups and downs of the Roman Empire’s tenure in Italy.

After the fall of Rome, cannabis enjoyed great usage in Italy during the period of the merchant republics, who largely relied on hemp sailcloth to make their voyages throughout the Mediterranean. Hemp remained the main fiber used for sails throughout Italian Unification and only saw a decrease in popularity as synthetic sailcloths became available.

Then, the global War on Drugs swept through Italy, bringing along with it a temporary rejection of cannabis. This distance has only made the Italian people fonder of the plant, however, who now recognize in even more detail the vast medicinal and healing properties of cannabinoids.

History of cannabis laws in Italy

Despite the outbreak of anti-cannabis laws that spread throughout Europe in the wake of Napoleon’s conquest of Egypt, Italy, enjoying long relations with the Moors and their hash-smoking practices, continued to allow cannabis use all throughout the 19th century. In 1887, in fact, the Italian Dr. Raffaele Valieri⁵ became one of the first scientists to publish the results of his research into cannabis use among the terminally ill.

At the First International Opium Conference in 1912, though, Italy turned heads when it demanded that cannabis be banned⁶ along with opium, citing sudden issues with hashish that had erupted in Italian colonies in Libya. This request was granted during the Second International Opium Conference in 1925, but only in the context of international trade.

Even as its position toward the intoxicating components of cannabis soured, Italy remained one of the world’s most prominent producers and exporters of hemp until the 1950s. Then, a combination of slowing domestic production and hostile international views on drugs led Italy to shrink back on hemp production for more than half a century.

Italy was one of the signatories of the UN Single Convention on Narcotic Drugs in 1961⁷, effectively making cannabis use illegal. Then, the nation banned hemp cultivation altogether in 1980, leading to the erasure of many irreplaceable Italian cannabis phenotypes that had resulted from centuries of careful interbreeding.

The period of full Italian cannabis prohibition would prove short-lived. In 1993, Italy made the controversial move⁸ of removing penalties for the possession of “soft drugs” at the culmination of a lengthy national discourse on the differences between “using” and “pushing” illegal narcotics.

This move began an overall push to bring hemp and cannabis back into the Italian regulatory fold. An era not without its drama, cannabis would be famously re-criminalized in Italy in 2006 before finally becoming decriminalized again in 2014⁹. This decriminalization only applies to personal use, however, with the cultivation and sale of THC cannabis remaining federal offenses under Italian law.

Which cannabinoids are legal in Italy?

The story surrounding cannabinoids in contemporary Italy is somewhat complex. The nation suffers from an overall drug criminality problem that it has tried to solve in countless ways. Recently, for instance, Italy legalized what it calls “cannabis light¹⁰,” which refers to domestically produced hemp products containing less than 0.2% (now 0.3%) THC.

Retailers took to this new law like wildfire, in many cases offering products containing more than the legal THC threshold or using strains not approved as “hemp” by the Italian government. Inevitable regulatory pushback has ensued, and the status of “cannabis light” products is anything but stable.

Despite these minor quirks, Italy generally allows the import and sale of non-THC cannabinoids as long as they contain less than 0.3% THC. CBD and CBG are not considered “cannabis light” by default and do not necessarily need to be derived from approved strains.

Is CBD legal in Italy?

Yes, CBD is legal in Italy due to a combination of both EU and domestic law. Following all applicable EU guidelines on the subject, CBD products entering Italy must simply contain less than 0.3% THC and meet any other general import requirements. Italy is considered a CBD-friendly country with sales massively increasing through both brick-and-mortar and online platforms.

Is CBG legal in Italy?

The lesser-known cannabinoid cannabigerol (CBG) has not been explicitly addressed by Italian law. As long as CBG products contain less than 0.3% THC, however, offering them to Italians most likely won’t meet with any obstacles. Impressed by the benefits of both THC and CBD, the Italian market is eager to encounter new cannabinoids.

Is THC legal in Italy?

In Italy, possession of up to 1.5 grams of THC-rich cannabis is decriminalized, but not legal. This means that Italian police cannot arrest or fine you if there is less than 1.5g of cannabis in your possession. For larger quantities, fines may apply, but the possibility of jail time only appears if you have been caught with quantities of cannabis beyond the possession limit multiple times.

Enforcement of cannabis laws has gone down even more with the advent of Italy’s medical cannabis industry. Overall, culturally relaxed views on cannabis appear to have trickled down to the level of law enforcement, which is evidenced by even the Italian military playing a major role in relaying cannabis to its people.

Despite all this, it’s still important to remember that cannabis is not legal in Italy, only decriminalized. This remains a nation where cannabis is generally illegal, and if you bend the law too far, you might find out just how inflexible Italian cannabis policies can be.

Does Italy have adult-use cannabis?

No, Italy has not legalized adult-use cannabis, though it will likely be one of the first European countries to do so. The EU continues to make it difficult for individual member nations to establish adult-use cannabis industries, but Germany is spearheading a multi-nation initiative to overrule this position. As a country that embraces cannabis overall but is struggling with supply chain issues, Italy is an obvious candidate for a streamlined and modern adult-use cannabis industry.

Can you import cannabinoids into Italy?

Yes, cannabinoid products containing less than 0.3% THC are generally admissible for import into Italy. EU law dictates that imported hemp products must originate in member nations, however, so it’s necessary to work with a European distributor to access the Italian market.

Are there cannabinoid manufacturers in Italy?

Italy is bereft of cannabinoid manufacturers with domestic producers forced to stick to non-intoxicating strains of cannabis for the time being. As odd as it may seem at first, the primary cannabis producer in Italy is the Italian military with its monopoly on medical cannabis cultivation. Otherwise, the Italian market is wide open for cannabinoid manufacturers to establish their brands.

Summary: Viva Italia, viva cannabis

Out of all the European nations, Italy may be the foremost when it comes to cannabis history. The plant played a crucial role in every stage of the rise and fall of the Roman Empire, and Italian farmers continued to grow hemp in the region for centuries afterward.

To the Italians, cannabis is no big deal: It’s an ancestral plant, widely misunderstood, that has the potential to be misused under some circumstances. The centerpiece of Europe’s diverse swath of positions on cannabis, Italy’s cannabinoid market is as ripe as its beautiful, ancestral farmlands.

Sources

1. Sabaghi, D. (2021c, December 14). European Union Increases THC Level For Industrial Hemp. Why Does It Matter? Forbes. https://www.forbes.com/sites/dariosabaghi/2021/12/14/european-union-increases-thc-level-for-industrial-hemp-why-does-it-matter/?sh=5a3d8f18128b
2. Kington, T. (2022, December 30). A high ambition: Italian Army aims for self-sufficient cannabis market. Defense News. https://www.defensenews.com/global/europe/2022/12/30/a-high-ambition-italian-army-aims-for-self-sufficient-cannabis-market/
3. Stevens, B. (2023). Italian Military Halts Production Of Medical Cannabis Production Piling Pressure On Supply Chain. Business of Cannabis. https://businessofcannabis.com/italian-military-halts-production-of-medical-cannabis-production-piling-pressure-on-supply-chain/
4. The long history of Cannabis and its cultivation by the Romans in central Italy, shown by pollen records from Lago Albano and Lago di Nemi on JSTOR. (n.d.). https://www.jstor.org/stable/23418014
5. Dell’Amico, M. (2014, January 9). La canapa in Italia dalle pipe preistoriche alla legge Cossiga. Wired Italia. https://www.wired.it/lifestyle/salute/2014/01/09/quando-tutti-gli-italiani-amavano-la-canapa/
6. A cannabis reader: global issues and local experiences: Volume 1 | www.emcdda.europa.eu. (2023, September 13). https://www.emcdda.europa.eu/publications/monographs/cannabis-volume1_en
7. SINGLE CONVENTION ON NARCOTIC DRUGS, 1961. (n.d.). United Nations. https://www.unodc.org/pdf/convention_1961_en.pdf
8. Sabaghi, D. (2021a, September 13). Inside Italy’s Push To Decriminalize Recreational Cannabis. Forbes. https://www.forbes.com/sites/dariosabaghi/2021/09/13/italy-wants-to-decriminalize-marijuana-on-the-ballot-amid-a-race-against-time/?sh=57d745a9639b
9. Cruciata, G. (2020). The crisis of marijuana criminalization in Italy. Filter. https://filtermag.org/criminalization-italy-marijuana-hash/
10. Italy’s “cannabis light” creates buzz even if the pot won’t | AP News. (2021, May 1). AP News. https://apnews.com/article/marijuana-italy-business-courts-international-news-ea9ac614af74488b8977e3dbe54dd795

Cannabinoid Laws in Holland

Cannabis cafes in Amsterdam have always been notorious, but is that the only way Holland has distinguished itself as an epicenter of cannabinoid culture? Why is cannabis purchasable in the Netherlands in the first place, and what does it mean for entrepreneurs seeking to enter the Dutch market? We’ll cover all the details in this comprehensive guide to cannabinoid law and culture in Holland.

A note on terminology

First, it’s important to clear up the confusing English terms that refer to Holland. Technically, Holland is only an area in the Netherlands, the official term for the nation of the Dutch people. However, in English and other languages, Holland is commonly used to refer to the Netherlands as a whole. As a result, the names “Holland” and “the Netherlands” are usually interchangeable even though they mean slightly different things.

Are cannabinoids legal in Holland?

Most cannabinoids are illegal in Holland, including THC, which is outright banned. If this situation seems counterintuitive at first, you’re not to blame.

Contrary to popular opinion, cannabis is not legal in Holland. Instead, Dutch authorities have simply turned a blind eye to black-market cannabis operations servicing a network of coffee shops, in which the sale of up to 5 grams of cannabis per person was decriminalized in 1976¹.

Decriminalization is not the same thing as legalization, however. THC possession and use remains a crime in the Netherlands.

The nation established an Office of Medicinal Cannabis in 2001², making it one of the first nations to allow medical use of THC. However, access to the official Dutch medical cannabis system is very limited and only available through the context of conventional medicine. Even users who rely on cannabis for medical purposes, therefore, usually acquire their THC through gray-market coffee shops anyway.

Holland has one of the most bizarrely restrictive policies on CBD found anywhere in the world. CBD products are allowed in the Netherlands, but only as long as they contain less than 0.05% THC³, six times less than the general standard of 0.3%.

Adhering to this policy means that only isolate and broad-spectrum CBD products are allowed in Holland, reducing the potential benefits of the entourage effect. There has been a recent effort to change Holland’s tourism image, and perhaps imposing strict restrictions on the CBD market is a way of showing solidarity with this movement.

History of cannabis in the Netherlands

During a Dutch Rail effort to establish a new train line to the northeast region of Holland, workers stumbled upon a 4,200-year-old grave⁴ containing traces of Cannabis sativa. As appears to be the case for the vast majority of Western Europe, ancient peoples inhabiting what is now the Netherlands clearly incorporated cannabis into their medicinal and religious rituals.

Cannabis use in the region of Holland was generally unstigmatized until the formation of the Dutch East India Company, which unveiled the use of cannabis as a narcotic by certain cultures of the Far East. The economic closeness of the Dutch with these cultures led to a serious cannabis import problem, which wasn’t fully addressed until the late 1920s.

While still following general EU and UN guidelines on illegal drugs, the Dutch chose to go their own way with cannabis by allowing cafes to sell it for recreational use since the 1970s. Over the course of nearly 50 years, though, this practice has only exacerbated, not alleviated, social pressures caused by the illegality of cannabis.

History of cannabis laws in Holland

The first historical record of Dutch cannabis law comes from 1921⁵ when a ban on cannabis was lifted in Dutch-controlled Suriname at the behest of an immigrant association. The Dutch clearly continued to struggle with controlling cannabis use and commerce, however, as is evidenced by a ban on cannabis in Dutch Indonesia in 1927⁶ and a subsequent ban in all Dutch holdings (including Holland) the following year.

Then, in 1953, the Netherlands signed the Geneva Convention on Drugs⁷, enshrining the Dutch cannabis ban in international law. This ban would only last 23 years, however, before a Dutch commission on drugs found reason to believe teenagers buying cannabis from street dealers would make them more likely to try more dangerous drugs as well.

The Dutch, therefore, made a distinction in their law between “hard” and “soft” drugs, with cannabis being one of the latter and now authorized for sale in coffee shops in quantities of up to 5 grams. What Dutch authorities failed to do at the same time, however, was ensure a supply of cannabis to these shops existed outside the black market.

As a result, all cannabis sold in Dutch coffee shops is still provided by black-market growers, which has only strengthened organized crime in the Netherlands. Cultural acceptance of cannabis has led to both legal and economic incentives to produce other drugs, like MDMA, in the Netherlands as opposed to other European countries, giving Holland an overall reputation of criminality that its increasingly cosmopolitan-leaning government is having trouble tolerating.

Which cannabinoids are legal in the Netherlands?

The only cannabinoid that can be considered legal in Holland is CBD, and even then only under very strict guidelines. The conception that THC is legal in the Netherlands is entirely erroneous, and the Dutch government has not given any indication that they intend to allow the sale of any cannabinoids other than CBD anytime in the near future.

Is CBD legal in Holland?

CBD is legal in Holland as long as it contains less than 0.05% THC, one of the lowest THC thresholds for CBD products in the world. Hemp or cannabis cannot legally be processed into CBD extract in the Netherlands, so any CBD products sold in the nation must be imported.

Even though it is not considered to be within the sphere of Holland’s medical cannabis system, CBD imports are nonetheless processed by the Healthcare and Youth Care Inspectorate. Those interested in importing cannabinoids into the Netherlands can learn more on the official website⁸ of the Dutch Ministry of Health, Welfare, and Sport.

Is CBG legal in Holland?

Holland has not made any special concessions for the recently popular cannabinoid cannabigerol (CBG) in the same way that it has for CBD, so it is safe to assume that CBG products are not allowed for import or sale in the Netherlands. Given the Dutch government’s unsparing approach to CBD commerce, it would be unwise to assume that imports of CBG or other non-CBD, non-intoxicating cannabinoids would simply fly under the radar.

Is THC legal in Holland?

No, THC-rich cannabis, still referred to as “marijuana,” remains illegal in the Netherlands for adult use. The only context in which THC cannabis is allowable in the Netherlands is when it is used and sold in authorized cannabis cafes or dispensed in pharmacies on a prescription basis. Coffee shop cannabis only becomes decriminalized at the point of sale with producers still operating entirely within the black market.

The Dutch medical cannabis program is too small and restrictive to meet a citizen’s average needs. The current “coffee shop” system only promotes low-quality products and criminal behavior. Clearly, the answer is a regulated and inclusive adult-use and medical cannabis industry, an answer that politicians in the Netherlands are proving slow to accept.

Does Holland have adult-use cannabis?

No, there is no adult-use cannabis program in the Netherlands. Citizens who wish to use cannabis products must buy them from a questionable coffee shop. Requests for third-party lab reports are often not taken seriously and usually do not result in the provision of any substantial information.

Once you have bought cannabis from a Dutch shop, you must use it on-site to stay within the nation’s decriminalization framework. It is illegal for Dutch authorities to arrest you for possession of under 5 grams of cannabis, but it is also illegal to possess THC-rich cannabis in any quantity, meaning that slap-on-the-wrist cannabis confiscations are common — especially in Dutch border towns.

Can you import cannabinoids into Holland?

Yes, importing cannabinoid products into Holland is the only way for them to enter the Dutch market. And, at present, the legitimate Dutch cannabinoid market consists solely of a highly restrictive CBD economy (<0.05% THC threshold) and a minuscule medical cannabis program mainly servicing the terminally ill, perhaps calling into question the overall viability of cannabinoid imports into the nation at this time.

Are there cannabinoid manufacturers in Holland?

No, the only cannabinoid manufacturers operating within the borders of Holland are either black-market or associated with the nation’s medical cannabis system. Processing hemp or cannabis for other reasons in the Netherlands is illegal by national law9.

Summary: Holland, an illusory cannabis paradise

It wasn’t so long ago that cannabis was fully illegal practically everywhere in the world. By contrast, the Netherlands served as a nearly comical oasis for cannabis use due to its unique coffee shop culture.

While cannabis tourism still brings in nearly $400 million a year, the cost to the Dutch social fabric has been severe. A program initially started to prevent youth drug use has made the Netherlands the drug capital of Europe. Holland is now known as the continental epicenter of drug and sex tourism, something local authorities never intended.

Ironically, Holland is now also one of the most backward European countries when it comes to overall cannabis law. By legitimizing a gray-area industry, the Dutch allowed their cannabis black market to blossom while disabling average citizens from enjoying the manifold benefits of cannabinoids.

Caution is certainly warranted when approaching the Dutch cannabinoid market in its current state. As intensely restrictive policies on CBD show, the Netherlands has had a complex and challenging relationship with cannabis over the last 50 years, necessitating a thoughtful and measured approach moving forward.

Sources

1. Visram, T. (2023). The Netherlands was once a cannabis pioneer, but it still hasn’t legalized weed. What happened? Fast Company. https://www.fastcompany.com/90832031
2. Ministerie van Volksgezondheid, Welzijn en Sport. (2020, September 24). Office of Medicinal Cannabis – The Office of Medicinal Cannabis. https://english.cannabisbureau.nl/
3. Hazekamp, A. (2018). The Trouble with CBD Oil. Medical Cannabis and Cannabinoids, 1(1), 65–72. https://doi.org/10.1159/000489287
4. Pascoe, R. (2012, April 11). Marijuana traces found in early bronze-age grave – DutchNews.nl. DutchNews.nl. https://www.dutchnews.nl/2012/04/marijuana_traces_found_in_earl/
5. Hoefte, R. (1998). In place of slavery: A Social History of British Indian and Javanese Laborers in Suriname.
6. Slone, T. H. (2003). Prokem.
7. UNODC – Bulletin on Narcotics – 1953 Issue 3 – 011. (1953, January 1). United Nations : Office on Drugs and Crime. https://www.unodc.org/unodc/en/data-and-analysis/bulletin/bulletin_1953-01-01_3_page012.html
8. Ministerie van Volksgezondheid, Welzijn en Sport. (2021, September 14). Foreign patients and businesses. Import and Export | the Office of Medicinal Cannabis. https://english.cannabisbureau.nl/import-and-export/foreign-patients-and-businesses
9. Netherlands: An overview of the Dutch hemp market. (2020, May 18). USDA Foreign Agricultural Service. https://www.fas.usda.gov/data/netherlands-overview-dutch-hemp-market

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