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Tag: CBD

The European Commission Revises Its Stance On CBD As A Narcotic

While the WHO essentially punted on cannabis reform last week, there was a bit of bright news on the horizon in Europe – namely that the European Commission revised its stance on the idea that CBD should be treated as a narcotic.

This is a huge development, although not unsurprising given the recent ruling in Strasbourg on the right to import “legally” produced CBD between European countries based on the trial of a French company engaged in the same.

However, this development is still tempered with the fact that the WHO has kept the plant itself (the genus Cannabis Sativa L) as a Schedule I plant. That includes hemp.

Ultimately, however, beyond this distinction, the jury is still out on whether and when European authorities will also decide that the plant and its extracts, by traditional means, are further not “novel,” but rather governed under other regulations (such as EU-BIO). Stay tuned.

Extraction, Processing And Labelling Are All In The Mix

With hemp products of all kinds hitting mainstream grocery stores in Germany, this development will clearly provide at least some forward motion for an industry that has repeatedly hit regulatory jags across the region since 2016. But the fight is far from over.

Novel Food regulation looms as a bane not only of the hemp industry but also of the entire recreational discussion. The reason? The source of the seed plus the method of extraction, as well as its final addition to the end product are all in the mix. 

This is still, in other words, dangerous territory for just about everyone. Understanding the regulations, and how to apply them, are still the most important aspect of all in the mix.

How Does The EC Decision Interact With The WHO Vote?

The first place this will impact is cultivation. Farmers will have to register and certify their crops – starting with all the regulatory steps around organic production (if bound for anything but industrial purposes) and cultivation in the first place.

Beyond that, within Europe, producers will have to be willing to certify their supply chains – although this again may not mandate that the distinction is one that is “novel.” 

Indeed Europe has become a place, much like the United States, where hemp products are almost, but not entirely regulated.

Regardless of the still remaining bumps along the way, however, it is clear that 2021 is going to be a good year for the industry across the EU.

Be sure to attend the next International Cannabis Business Conferences when they return to Europe.

European Commission Is Considering Classifying CBD As A Narcotic

As if the confusion over Novel food in the EU was not daunting enough! The news just surfaced late last week that the European Commission has delayed 50 CBD-related Novel food applicants through September to consider the question of whether CBD extracted from the plant should be considered a narcotic.

The directive only applies to food items containing naturally occurring CBD and not synthetic cannabidiol.

Novel food regulations in the EU apply to any products not widely consumed before 1997.

If the EC qualifies hemp plants, even with less than 0.2% as a narcotic (the amount of THC allowed in hemp and as set by the region’s regulators, then the entire conversation has entered the next loopy diversion.

For the past several years, European level conversation about hemp has led to a strange stand-off between regional regulators and individual countries who have continued down the path of greater access and normalization. Namely, as of now, the (non-binding) legal guidance on the status of hemp on the EU side of the Channel is that anything hemp oil-related that is not pressed from seeds (in other words from the flowers and leaves of the plant) is “Novel.”

This alone has been disruptive for the industry – including country-wide health departments and downstream, state, and municipal guidance based on the same. The City of Cologne, for example, just banned all CBD extracts not labeled as novel food. Depending on the Commission’s decision in September, this might be the conversation about all things CBD that is extracted in any way, from the plant that effectively bans CBD for sale across Europe.

Legalization Has Taken A Sideways Move In Europe

There are two reasons for the industry to be concerned. 

The first is that the entire CBD discussion is clearly going to be mired in this kind of ridiculous contretemps for some time to come – especially if the World Health Organization decides to reschedule THC in December. 

Even framing the conversation in the terms that it now is – namely is CBD Novel food or narcotic -  is also a particularly strange way to characterize a plant that has been in use for both medical and recreational purposes for more than a millennia.

Such an avenue of discussion is clearly intended to iron out the many wrinkles that still exist in reforming regulation. It is also clearly intended to throw havoc into the ever-evolving parallel conversation that is clearly on the drawing board here – namely recreational reform.

If every cannabinoid extracted from the cannabis sativa is a narcotic, the entire discussion will be thrown sideways into a regulatory no man’s land that will take a decade to get unstuck. It is doubtful that individual countries in Europe, starting with Luxembourg, will allow that to happen, or to wait that long. Much less the nascent industry.

For more updates on the evolving European cannabis space, stay tuned to this blog and be sure to book your tickets to the International Cannabis Business Conference when it returns to Europe.

UK Food Standards Agency Issues Ultimatum To CBD Industry

Brexit or not, it appears that the CBD industry has been one of the earliest to learn that all things regulatory are not in free-fall as the divorce papers are served from the continent. Indeed, the UK Food Standards Agency has laid down the law and set a deadline for CBD purveyors in the British Isles. 

On February 14, the FSA, the regulatory agency for all things foodstuffs, set a compliance deadline for CBD products currently in the market. Namely that they must file Novel Food applications by March 31, 2021. Failure to do so will result in penalties, including the removal of foodstuffs from shelves.

But what does this declaration really mean? And should the cannabis industry lean in?

Is CBD Really A “Novel Food?”

Part of the nefarious regulating on this issue is that CBD as a cannabinoid is certainly not “novel.” When produced from strains of hemp found in Europe, there is nothing new about the source of the plant. And when produced under food safety regulations, including extraction, the other part of the regulation falls away.

However much like in Germany and the rest of Europe, no matter how “original” the Brexited UK wants to be seen, the debate over legalization has stalled on issues and wording that is not only obscure, but also highly misleading.

Cannabis, no matter the amount of THC in the genus in question, is a plant. As such, it is also regulated under various regulatory schemes when bound for human consumption. “CBD” is not a plant, but rather a chemical compound, extracted from the plant via various different means that are also regulated both in the EU and in the UK.

Novel Food, in other words, is a regulatory schemata that is expensive and often unnecessary if other regulatory procedures are followed – ones that look awfully familiar to those with a background not only in pharma, but also now food and cosmetics.

What Is Coming For Europe?

So far, the debate on the continent is much the same – with Novel Food regulatory muster now being required in most cannabis legalizing countries. At the same time, however, many in the cannabis industry are also learning how to live with such regulations if not navigate them into the immediate future.

It is confusing, however, there are those who are absolutely braving the waves, if not beginning to chart successful paths through the industry by learning the ropes.

Be sure to attend the International Cannabis Business Conference’s regulatory panels as well as the keynote speech on April 2 by Peter Homberg, Partner Dentons Law Firm and head of their European Cannabis Practice.

Would The CBD Revolution Have Occurred Without The Internet?

The internet has revolutionized the way people get information, and that is true for cannabis information just as it is for everything else. Positive information about cannabis was purposefully suppressed for many decades around the world for political purposes.

That strategy has become increasingly difficult to carry out because of how easily accessible cannabis information is on the internet. Cannabis advocates can find answers to virtually any cannabis questions and can then disseminate that information all over the web for others to benefit from.

It is likely not a coincidence that cannabis reform victories have paralleled the rise in popularity of the internet. Popularity for CBD has specifically spiked in recent years, and it is likely that the internet has played a huge role in that rise in popularity. Read more about it in our recent article on Cannabis & Tech Today.

Are Prices For U.S. CBD Products About To Drop Significantly?

The popularity of CBD has increased exponentially in the last few years. For many decades consumers focused on THC, however, that has evolved a great deal in the second half of this decade.

CBD has been billed as possessing a number of wellness qualities, with some claims being well-founded and others not. Unfortunately, there is a great deal of misinformation out there about CBD. That is what happens when an industry is growing at a rapid pace and people are scrambling to try to build their fortune from riding an industry wave.

As far as CBD has come in recent years, it is still a very young industry and savvy entrepreneurs know that the landscape is going to shift a lot in the coming years. 2019 was a record year for hemp licensing in the United States, as recently reported by Vote Hemp:

“Since the passage of the 2018 Farm Bill, hemp cultivation in the U.S. has grown rapidly. The number of acres of hemp licensed across 34 states totaled 511,442 in 2019—more than quadruple the number of acres licensed from the previous year. State licenses to cultivate hemp were issued to 16,877 farmers and researchers, a 476% increase over 2018.”

The acres of hemp that survived are about to be harvested (or already have been) and a significant amount of the hemp is going to end up being sourced to make CBD products. More United States CBD products are about to flood the market than ever before.

It begs the question – what impact, if any, will that have on the prices for CBD products in the United States? In a long-established industry, an influx of supply would lower the price. However, the CBD industry is different because it is so new.

More and more consumers are using CBD products with every passing day. It’s possible that consumer demand in the United States will grow alongside the increase in the number of CBD products in the marketplace and perhaps exceed supply.

It’s also possible that demand could lag compared to how much supply is hitting the market, and market prices could get slashed to calculate for it. Many farmers and entrepreneurs have placed a lot of hopes and resources into this year’s hemp harvest with most eyes on the CBD market. It will be interesting to compare CBD prices from earlier this year to whatever prices are at around the end of the calendar year.

One thing is for sure, the popularity of CBD is going to continue to increase into the foreseeable future, and that’s good news for entrepreneurs that can successfully navigate the shifting landscape.

Molson Coors to Brew Cannabis Drinks in Canada, CBD Versions in the U.S.

It was big news when Molson Coors Brewing Company announced that it was forging a partnership to brew non-alcoholic cannabis drinks in Canada, but it shouldn’t have been surprising. Alcohol giant Constellation Brands had already invested heavily in the cannabis industry and it shouldn’t shock anyone that big companies, particularly those involved with alcohol and tobacco, will be looking to join a multi-billion dollar market, especially when the new market cuts into their sales.

Molson Coors’ CEO expects that cannabis beverages will be a $3 billion sector in Canada, and the company has warned shareholders that legal cannabis is a threat to beer companies’ profit margins. The North American beer giant plans to sell a variety of cannabis drinks in accordance with Canada’s new regulations, starting on December 16th, the earliest date possible, before moving into the United States, with a line of CBD beverages. Bloomberg reported:

The maker of Coors Light has partnered with Gatineau, Quebec-based Hexo Corp. to make a variety of non-alcoholic, cannabis-infused drinks for the Canadian market. The joint venture, called Truss, will have “lots of different beverages” for sale on Dec. 16, when the beverages become legal in Canada, said Jay McMillan, Hexo’s vice president of strategic development.

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Truss plans to offer everything from water to a “beer-like product” and maybe even hot beverages. It has flexible production lines so it can pivot if one type of beverage isn’t selling, he said.

It’s also looking at selling CBD-infused beverages in the U.S., which legalized the non-intoxicating substance late last year, with the goal of having products in eight states by 2020.

While the entry of big alcohol companies into the industry is likely good for consumers who want  a multitude of options to best suit their needs and lifestyle, it also provides an opportunity for smaller companies to find their niche. In many ways Molson Coors will serve as a research department for competitors as they put different types of beverages up for sale. After they find products that work, other companies can follow suit and find an avenue that works for them, such as producing and marketing a craft cannabis version, giving consumers the opportunity to support mom-and-pops. It will be very interesting in mid-December when cannabis beverages and other products hit the shelves and to see how the market shakes out over time.

The International Cannabis Business Conference in Vancouver this September 15-16 is the best place to learn the latest about Canada’s regulations and market, and to network with top investors and entrepreneurs. Don’t miss your opportunity, be sure to purchase early bird tickets by August 21st. 

Europe’s $318 Billion CBD Market Poised for 400% Boom Through 2023

Cannabis legalization typically takes a series of baby steps and then giant leaps depending on the location. Progressive states in the U.S. have typically started with decriminalization of personal amounts, then legal medical use, until finally ending prohibition for adults. More conservative states that haven’t yet legalized have added another step: embracing CBD, while still prohibiting cannabis products with more than trace amounts of THC. Some European nations have followed a similar path with CBD, Switzerland being a prime example.

This intermediate step of allowing CBD provides excellent economic opportunities without many of the same headaches that can hinder the burgeoning cannabis industry, such as the ability to export . According to a recent report by the Brightfield Group, a market intelligence firm for the cannabis industry, estimates that the current $318 billion European CBD market will boom over 400% over the next four years. From Brightfield report:

 ”CBD is just starting to take hold in Europe, with both product availability and consumer awareness still quite limited. This is a great opportunity for developed brands to enter and expand through Europe with far less competition than we’re seeing in the U.S. With the Novel Foods Act, it is a challenging legal environment to operate in, but impending regulatory changes are likely to smooth the way for significant mid-term growth,” Brightfield Managing Director, Bethany Gomez, highlights. CBD has been well received on a greater scale, especially in countries that already have medical or recreational cannabis programs and there are growing efforts in countries with no cannabis or CBD programs to have one or both in the coming years.

The largest CBD markets in Europe today are those of the United Kingdom (UK) and Austria, each of which made up an early $80 million market in 2018. The UK is expected to remain a market leader over the medium-term, though Germany’s growth is expected to outpace that of other EU countries,

·       One key growth driver is countries, such as Switzerland and Spain, that are building out and improving regulations surrounding product quality – both in the cannabis and CBD markets – boosting consumer confidence

·       Some of the top distribution channels are in smoke shops – CBD is often regulated like tobacco – and grocery stores.

CBD companies are in a unique position to thrive in a completely legal (mostly, anyway) market while also positioning themselves to be leaders when their state or nation fully legalizes cannabis. Even after cannabis prohibition ends, there will still be a huge market for high CBD products as many people will utilize the medicinal benefits of CBD, while avoiding the euphoric effect of THC (you know, folks gotta work, and stuff).

To learn the latest about CBD and cannabis industries, there is no better place to be than the International Cannabis Business Conference in Zurich this May 15-16. Get your tickets today! Every Zurich conference attendee also gains access to CannaTrade the following three days.

Photo credit: vaping360.com/cbd-oil-cannabidiol-hemp-oil/

Understanding the European CBD “Novel Foods” Regulations

Foreigners entering the European cannabis market are finding that the regulations here are much higher than they expected, if not well downright confusing. This is especially true as cannabis crosses over into both food and medicine as well as beauty and skin products.

One piece of regulation that is proving particularly thorny for CBD producers – in particular for those with edible products is something called “novel food” regulation.

But what is “novel food” legislation and how does it affect your CBD business in Europe?

For an insider’s look at the CBD-novel foods discussion and the cannabis industry in general, be sure to catch Dr. Francis Scanlon, founder of Cloud9, and a whole host of experts at the first International Cannabis Business Conference in Zurich Switzerland, May 15-16.

Definition of “Novel Food”

According to the European Commission, a novel food is one that has not “been consumed to a significant degree by humans in the EU before 15 May 1997, when the first Regulation on novel food came into force.”

A novel food can be a new kind of food, including a plant-based food or additive, a food produced using new technologies (so all e-liquid drinks will be subjected to this process beyond the CBD they contain), agricultural products from third countries or food derived from new processes” (such as UV treated food like bread, milk, mushrooms and yeast.)

Furthermore, such foods must be properly labelled and further not nutritionally “disadvantage” the consumer if used in place of another more commonly used substance.

It does not take much imagination to see how this would apply to all things cannabis, but how such regulation has been applied, and is likely to be applied in the future, is anything but easy. It has been tortured so far.

Battle Number 1 – CBD vs “Hemp”

On one hand, it should be a no-brainer to include all things CBD in foods that have been consumed in the EU since 1997. See all health food stores selling hemp. But not so fast! CBD itself can be derived from both hemp and cannabis plants bred for that purpose. Of the two, only the former is relatively safe to source right now in Europe for that very reason.

Battle Number 2 – Distillates and Extractions

However the discussion is not over there. Beyond the source plant, the process the CBD is extracted also counts. For that reason, hemp extracts, if made via a new process, can also be verboten.

That means that anything that contains the same destined for oral consumption could also be “illegal.” See the raids of Spanish police last summer on health food stores selling CBD cookies.

Battle Number 3 – Jurisdictional Differences and Labelling

The final and most difficult problem for CBD businesses to conquer is the problem that both cannabis itself and its components are considered legit or not depending on a jurisdictional by jurisdictional basis across Europe, until there is regional agreement on regulation about the entire plant.

In the meantime, custom, country-by-country labelling is an issue that producers will have to consider until such regulations are set at the EU level – and even then there will still be the polyglot of European languages to contend with after that.

Those who market cosmetics and other topically applied products might find they are in loophole territory in most countries, but even here it is better to be safe than sorry. For those in doubt, see Austria.

Don’t miss the opportunity to learn the latest and network with top investors and entrepreneurs at the upcoming International Cannabis Business Conference in Zurich. Get your tickets and save by purchasing discounted, early bird tickets by April 24th.