CBD products: QSI Offers Legal Consulting

Since 2017 QSI analyses CBD products, hemp containing products, as well as Medical Cannabis. Due to QSI´s experience in the field of food and pharmaceutical products QSI can help clients delimitating between food, nutraceuticals, pharmaceuticals as well as Novel Food according to Regulation (EU) 2015/2283.

Classification as Novel Food

According to EU novel food catalogue “extracts of Cannabis sativa L. and derived products containing cannabinoids are considered novel foods as a history of consumption has not been demonstrated. This applies to both the extracts themselves and any products to which they are added as an ingredient (such as hemp seed oil).” Synthetically produced cannabinoids are also considered as novel food. Novel Food must be authorised by the European Union before it is marketable in EU.

Due to this classification CBD products are considered Novel in most cases, which is why many CBD oils are not sold as food but for example as aroma oils, which are not intended for human consumption.

QSI holds a special permit for the handling of narcotics and thus specialized in identifying products covered by the Narcotics Law. That allows QSI to support its clients in the legal assessment of products intended to be sold on the European market. Dr. Johannes Junemann, Head of Quality Control responsible person for narcotics at QSI emphasizes “when considering marketability of a product not only the Novel Food classification is important but also the distinction from narcotics, which is described in Annex 1 of German Drug Law (BtMG)”. Products not only fall under the narcotics law if they contain more than 0.2 % THC, but abuse for intoxication purposes must also be excluded.”

Annika Wessels, Business Manager Food at QSI adds: “What many don´t know is that besides the THC content also the presentation of the packaging, as well as the name of food is relevant to consider if a product falls under the narcotics law”.

Due to QSI´s experience QSI offers its customers comprehensive consulting services to bring their products safely to market.