Hemp in Food. New Maximum THC Limits Introduced in 2023

Since January 1, 2023, the following maximum THC limits have been legally binding for these food products:

• Hemp seed oil: max. 7.5 mg/kg THC (sum of ∆9-THC and ∆9-THCA)
• Hemp seeds: max. 3.0 mg/kg THC (sum of ∆9-THC and ∆9-THCA)
• Ground hemp seeds, (partially) defatted hemp seeds, and other processed products derived from hemp seeds: max. 3.0 mg/kg THC (sum of ∆9-THC and ∆9-THCA)

These limits are based on a risk assessment and aim to protect the population from potential adverse health effects, such as perceptual disturbances or gastrointestinal issues.

Analysis of Cannabinoids such as THC and CBD

Various methods for cannabinoid analysis have been established in recent years. Chromatographic methods combined with different detectors, such as LC-MS/MS, GC-MS, HPLC-UV, and HPLC-DAD, are widely used. In quantitative analysis using LC-MS/MS, cannabinoids are extracted in an organic solvent, chromatographically separated, and then detected based on their mass-to-charge ratio. After evaluation, it can be verified whether the tested samples comply with the maximum THC limits.

THC Contamination in Hemp-Containing Food

In Europe, hemp-containing food products such as hemp seed oils must be made exclusively from low-THC industrial hemp. While hemp seeds naturally contain only very small amounts of THC, contamination can occur during harvesting if the seeds come into contact with THC-rich plant parts such as flowers, leaves, or stems. This can result in cannabinoids, including the psychoactive THC, transferring to the hemp seeds. Further processing steps may lead to an increased concentration of THC.

The boom in Hemp-Based Foods

Hemp products are trending. Many people appreciate the nutritional benefits of hemp seeds, particularly their high content of unsaturated fatty acids and proteins.

However, not all hemp products are legal in Germany. In principle, only hemp products that have Novel Food approval or do not require such approval may be marketed. Hemp seeds, hemp seed oil, hemp seed flour, and defatted hemp seeds are not considered Novel Food since they have a documented history of significant use in the EU before the reference date of May 15, 1997. As a result, these products can be sold legally, provided they comply with THC limits. Similarly, hemp leaf infusions, consumed alone or as part of herbal teas, are not classified as Novel Food as long as they contain only leaves (and no flowers) from hemp varieties listed in the EU’s Common Catalogue of Varieties.

Other hemp-containing food products, including dietary supplements, require Novel Food approval. This also applies to CBD extracts and CBD-enriched products.

The Cannabis Consumption Act (KCanG) does not affect food law. Even though cannabis is no longer classified as a narcotic, its use as food remains prohibited under § 21 (1) No. 3 KCanG, as cultivation associations are not allowed to distribute cannabis that is mixed, blended, or combined with food. However, the KCanG defines the distinction between recreational cannabis and industrial hemp. Unlike cannabis, industrial hemp contains a maximum of 0.3% THC or originates from EU member states using certified seeds from the Common Catalogue.

Conclusion: Quality Control and Good Manufacturing Practices

Manufacturers and distributors must ensure that their products are legally compliant. This includes adhering to maximum THC limits, which can be achieved through careful selection of hemp plants and optimized processing methods. Quality control at all processing stages and regular laboratory testing help monitor and ensure compliance with these regulations. Businesses that fail to comply risk fines and product recalls.

Hemp Analysis at QSI – Your Partner for Reliable Results

QSI – a Tentamus company – offers comprehensive consulting and product-specific cannabinoid analysis (THC, CBD) for your hemp products. Find out more here.