Poland and the Novel Food Regulation

Cannabis played a critical role in everyday life in Poland for centuries and was used in clothing, weaving, and even food. In more recent times, the hemp industry is thriving once more in Poland, enjoying a hugely successful CBD market and the recent legalisation of medical cannabis. This article unpacks Poland’s landmark decision to bypass the European Union’s CBD Novel Food regulation and why the country is increasingly being considered a critical market for the cannabis industry.

Introduction

Regulations and laws surrounding the cannabis industry are complicated, to say the least. CBD businesses will be aware of this first hand. There are different rules you must follow depending on the country in question. Poland is no exception, and there are various laws to be aware of, including its intriguing stance on the CBD Novel Food regulation presented by the European Union. In this article, we explain the history of Poland’s relationship with cannabis, break down what a Novel Food regulation means, and what choosing to bypass it means for Poland’s CBD industry.

Poland and Cannabis

It is believed that cannabis first came to Poland in the 15th century. For several centuries, cannabis played an integral role in day-to-day life for many Slavic tribes—including the tribes who settled in Poland—contributing to clothing, weaving and food production. It was also used to ease various health conditions, including toothache and fever. Indeed, hemp became a multi-faceted and essential crop for Poland. Hemp cultivation became a long tradition that survived well into the 20th century.

Poland has conducted a lot of cannabis research over the years, and in 1930, the Institute of Natural Fibres and Medicinal Plants was created in Poland to study hemp further. This institute is one of the oldest in Europe that researches hemp.

By the 1950s, the tide was changing for cannabis in Poland. Over 50,000 hectares had been used for hemp cultivation until this point. But in 1951, the People’s Republic of Poland legislation classified cannabis as a narcotic. Subsequent legislation made both the production and dealing in it illegal, and unsurprisingly, hemp cultivation declined in the 1950s because of its association with marijuana use. Poland’s once-thriving hemp industry was devastated. However, it wasn’t until 1997 that possession and use of cannabis would be considered crimes.

During the 1990s, hemp was reintroduced once more into Europe, mainly because of its capacity to provide for other industries such as biofuel, fibre, and food. Poland took action to recover its hemp fields and was one of the first countries to revive its hemp industry with much success.

Today, Poland has a thriving cannabis industry. Hemp is now entirely legal in Poland, and marijuana is partially decriminalised. Hemp is classified as any Cannabis sativa plant with a tetrahydrocannabinol (THC) content of up to 0.2%. Hemp is entirely legal regarding cultivation, processing and sale under a government-issued license. Hemp-derived products can be bought without a prescription in Poland, and they won’t get the user high. On the other hand, marijuana is any cannabis plant with over 0.2% THC by weight and can get the user high. Recreational use of marijuana is illegal in Poland.

Poland’s prosperous industry has been assisted by the increase in popularity of cannabidiol (CBD), which is believed to possess numerous beneficial qualities to assist general wellbeing. CBD is obtained from the hemp plant’s leaves, stalks, stems and flowers. The European Cannabidiol Market size exceeded USD 1.9 billion in 2020 and is expected to have over 33.5% Compound Annual Growth Rate (CAGR) from 2021 to 2027. Therefore, CBD is predicted to expand and become more popular in the coming years.

The European Union and CBD

The European Union (or EU) is a political and economic union between 27 countries, including Poland. The EU was created with the intention of ceasing the frequent, bloody wars between neighbouring countries, which culminated in the Second World War (WWII). It sought to foster economic cooperation and prevent conflict, helping to stabilise and support those within. It was thought to assist with overall contentment in Europe.

A common internal market was created, and the policies supported the free movement of people within the EU and goods, capital and services within this market. It is important to note that EU policies apply to all member states unless they decide to ‘opt out’ or are exempt.

The EU’s official position on CBD is unclear. There have been numerous regulatory updates and changes relating to CBD within the EU over recent years as interest grows and more research is being undertaken into this unique compound. It appears as though the EU is cautiously taking progressive steps to benefit the CBD industry, though these steps have been cumbersome and a long time coming for many within the industry. One of the most significant reform regulations made by the EU is CBD being classified as a Novel Food.

The Novel Food Regulation

In January 2019, CBD for consumption was classed by the European Union as Novel Food in Europe (unless the individual member states choose to opt-out). The European Commission (EC) is the executive branch of the EU and is responsible for several key operations, including proposing legislation, enforcing EU laws and directing its administrative operations.

The EC defines Novel Food as food that humans have not significantly consumed within the EU before May 15th, 1997. This date was when the first Novel Food regulation came into effect. Novel Food can be food that is or has been traditionally consumed outside of the EU or newly developed food. This reform was received with controversy, as it was applied to an already existing industry.

The reason given for this decision was because there was no prior history of CBD used for consumption before May 1997. Consequently, CBD was henceforth made subject to Novel Food regulation and now requires scientific assessment before being approved to guarantee its safety. Furthermore, Novel Food is only authorised for consumption if it abides by the following: it does not present risk to the public, does not mislead the consumer, and is not nutritionally disadvantageous when replacing a similar food.

So what does this mean for a CBD food business within the EU? CBD companies are now required to apply for authorisation of their CBD extracts before they can be placed on the market for consumption. This is the same process as any other consumable listed under Novel Foods and follows the same application format. An essential part of this application is to consider the product’s safety.

For example, toxicological studies need to be provided. However, even if a product meets the validation standard, it does not necessarily mean it will be authorised. Applications are considered on their own merits, but it is believed that directly relevant studies are needed because of the lack of public information on CBD’s safety. The individual consumable CBD products you sell must be included in the application.

Following this application process is the only route to compliance for CBD products. This reform is both a blessing and a curse for the European CBD industry. On the one hand, it is a positive step as, in theory, CBD will be better regulated, helping ensure its safety to consumers. The CBD industry is notoriously poorly regulated, with many poor quality, untrustworthy and untested CBD products available throughout the market.

CBD was not held to high regulatory standards up until the Novel Foods reform, and so this helps with ensuring that CBD products are better considered and studied. Applications for Novel Food status assure consumers of both the safety and quality of consumable CBD products. Furthermore, this status presents CBD with a sense of legitimacy to the overall market, as its safety is being assured.

On the other hand, the clear and overwhelming downside to this regulatory reform is that it causes further obstacles for CBD businesses to face. A long and detailed application process sits between them and the market, and they are forced to justify their products are fit for consumption. But, it cannot be denied that this reform opened the doors to discussion for CBD and helped put this previously doubted compound on a pedestal.

This reform also encouraged further regulation updates regarding CBD, such as the EU’s decision to increase the THC limit to 0.3% in October 2020, an increase from 0.2%. Or at the close of 2020, which saw CBD no longer classed as a Narcotic within the EU. The Novel Food regulation was significant in that it put a spotlight on CBD and forced it to become a talking point.

Poland and the Novel Food Regulation

As previously mentioned, EU law applies to all member states unless they decide to opt-out. It is down to the individual country to decide how stringently Novel Food rulings are enforced or if they are followed at all. Some countries, including Spain and Austria, decided to remove food and drink CBD products from the market entirely until the Novel Foods authorisation. Poland, however, dismissed this regulation entirely, a decision uncommon for most European countries.

Poland has relatively relaxed CBD laws and permits the purchase and use of all forms of CBD products, and foods and beverages are no exception. The main rule practiced by the country is that the THC content of CBD products cannot exceed 0.2%. CBD is legal in Poland, but producers of it cannot advertise it as food. It can, however, be sold as a nutritional supplement (as long as it adheres to the 0.2% THC limit).

Poland’s regulations for CBD are fairly straightforward and allow CBD products online and in-store, providing that it is derived from hemp and does not exceed the THC threshold. Additionally, entrepreneurs and farmers need to apply for a license to grow hemp (with no more than 0.2% THC). There have been no restrictions set regarding hemp processing and allowing the appropriate permit; cultivators can use hemp for numerous purposes, including cosmetics, fibre, food and pharmaceutical products. However, hemp cannot be grown without a license.

Poland’s Legalisation of Medical Cannabis

Poland’s relaxed view regarding the cannabis industry shows no signs of slowing down any time soon, and in recent years have displayed further acceptance. In 2017, Poland legalised medical cannabis. This meant that Polish pharmacists were now allowed to create and distribute pharmaceutical products using cannabis. That said, because the production of medical cannabis is not permitted in Poland, the country is utterly dependent on cannabis imports from Denmark, Germany, and Canada.

Polish pharmacies are, therefore, now allowed to manufacture medicines derived from imported cannabis plants on the condition that they have been authorised by the Office for the Registration of Medical Products. At the time of this landmark decision, the Polish Pharmaceutical Chamber explained that pharmacists would receive specific training on making drugs from cannabis, with the intention of relieving certain specific conditions, including epilepsy and multiple sclerosis (MS).

Poland’s monumental decision to legalise medical cannabis clearly demonstrates its progressive attitude toward the cannabis industry, including the CBD market. Indeed, many people believe that the rest of Europe will swiftly follow in Poland’s determined footsteps and that medical cannabis may be legalised in many other European countries soon.

Understanding Relevant Laws

Running a CBD business can be highly stressful and confusing, especially when laws significantly differ depending on where you are and where you want to sell. It is critical that the relevant laws are observed, or your business could be penalised, and you could be in severe legal trouble. Always Pure Organics not only provides global delivery of the highest-quality wholesale legal cannabis and CBD products, but we also offer regulatory and legal advice to ensure your business is being compliant in an ever-evolving industry.

Contact us for advice on laws and regulations or to attain high-quality legal cannabis products from a leading supplier in the industry.

Final Thoughts

Getting to grips with the various laws and regulations pertaining to the cannabis industry can be a real headache. And, of course, rules and restrictions vary depending on the country in question. Poland has shown evidence of a thriving cannabis industry, assisted by its relaxed stance on the EU’s Novel Food regulation for CBD and the legalisation of medical cannabis.

CBD is considered legal in Poland, providing that it does not exceed the 0.2% THC limit and that the farmer that grows it has the appropriate license. All of this demonstrates that Poland is a country where CBD can be enjoyed and purchased with relative freedom. It is also paving the way for other countries to follow suit in their acceptance of an increasingly popular industry.

Frequently Asked Questions (FAQs)

Is CBD legal in Poland?

Yes. CBD is legal in Poland, provided that the farmer responsible for growing the hemp plant (from which the CBD must derive) has the appropriate license. Furthermore, the THC limit within the CBD product must follow Polish law, or it is not legal.

What is the THC limit in Poland for CBD?

The THC limit in Poland for CBD is 0.2%. If a product exceeds this amount, it is no longer legal.

Is hemp legal in Poland?

Hemp is defined as any Cannabis sativa plant with a THC content of no more than 0.2%. Hemp is completely legal in terms of cultivation, processing, and sale under a government-issued license. You do not need a prescription to buy a hemp-derived product, and they cannot get the consumer high.

Is marijuana legal in Poland?

Marijuana is considered to be any cannabis plant with more than 0.2% THC by weight. It can get its users high. Recreational use of marijuana is not permitted in Poland, and consequently, marijuana is illegal.

Is medical cannabis legal in Poland?

Yes. In 2017, Poland legalised medical cannabis. It is now allowed to be prescribed by pharmacists to assist with specific health conditions, such as epilepsy and multiple sclerosis (MS). One of the main pitfalls of this decision is that the actual production of medical cannabis is not allowed in Poland. Therefore the country relies on imports from Denmark, Canada, and Germany to receive medical cannabis. Nevertheless, this was a significant decision for the cannabis industry in Poland.

What is the European Union (EU)?

The EU is a union between 27 countries. It was created in the hope of ceasing wars and conflict between countries and aimed to foster economic cooperation to help stabilise the region. The EU has a common internal market and possesses policies to support the free movement of people in the EU and goods, services, and capital within the mutual market. Poland is one of these 27 countries. All policies made by the EU apply to all member states unless they choose to opt-out or are exempt.

What is a Novel Food?

The European Commission has defined Novel Food as food that humans have not significantly consumed within the EU before May 15th, 1997. It qualifies as food that either is or has been traditionally consumed outside of the EU or newly developed food.

What is the CBD Novel Food regulation?

The EU reformed regulation in 2019 to classify CBD as a Novel Food. This proved somewhat controversial within the CBD industry. It meant that complex applications had to be sent off to gain authorisation to sell CBD as a consumable in the EU market.

Is the Novel Food regulation a negative step for the CBD industry in Europe?

The Novel Food regulation is a bit of a double-edged sword. On one side, this updated status means that, in theory, CBD will become better regulated as CBD businesses need to provide detailed information about their products, leading to better safety in the industry. But, the flip side to this is that it is another hurdle for the CBD industry to overcome. It requires going through a laborious and extended application process that has no guarantee of being successful or validated.

Does Poland follow the Novel Food regulation?

Poland is fairly unique in that it chose to bypass the Novel Food regulation presented by the EU. Indeed, numerous countries decided to ban CBD edibles and beverages after the Novel Food regulation was implemented, but Poland did not. It has comparably relaxed CBD laws and allows the purchase and use of all forms of CBD products, including food and beverages, provided that the THC content does not exceed 0.2%.

What other decisions has Poland made regarding the cannabis industry?

Poland made a momentous decision in 2017 to legalise the use of medical cannabis. This is significant as many other European countries have not made this decision. This new law allows pharmacists, after specific training, to make drugs from imported cannabis plants to assist with particular maladies, including epilepsy and multiple sclerosis (MS). This was considered hugely significant and put Poland well-and-truly on the map as a forward-thinking cannabis market.

Where do I go if I need further advice on CBD laws and regulations?

If you are still scratching your head and feel as though you need further guidance regarding the ever-changing laws of the CBD or cannabis industry, Always Pure Organics—a specialist manufacturer and distributor of cannabis-based products—is the place to go. They offer regulatory and legal expertise in the CBD industry. Furthermore, they also offer delivery across the world!