What’s next for CBD oil in Ireland? No one can say for sure. But as of now, CBD products classified as novel foods are safe, legal, and here to stay.
The legal status of cannabis products in the EU today has become confusing. Due to the novel food regulation, goods like CBD oil in Ireland are now in a grey legal area.
As you may have noticed, some stores in Dublin are selling CBD products that contain less than 0.2% THC — however, cannabis-derived CBD is still illegal. The easiest way to sell a CBD product is by classifying it as a novel food, not a medicinal supplement.
So, what is the CBD oil law in Ireland? This article will tell you everything you need to know.
How Is CBD Oil Currently Classified?
In Ireland, CBD is not considered an illegal drug under the Misuse of Drugs Act. It can be legally bought and sold as a food product if it doesn’t contain any THC.
However, CBD is also not classified as a medicine. That means it cannot be prescribed by a doctor or sold as a medicinal product in pharmacies and drug stores. Any hemp or CBD-related product must be marketed as a supplement or food product legally sold in Ireland.
CBD vs. THC: What’s the Difference?
CBD stands for cannabidiol — it’s one of the two main chemicals derived from the hemp plant. The other is tetrahydrocannabinol or THC.
To put it simply, THC contains psychoactive properties, while CBD does not. That’s why products containing THC are still illegal in Ireland. Recent updates to Irish law have classified CBD as a non-cannabis product, so it is legal to sell in stores as long as it contains less than 0.2% THC.
The Novel Food Status of Hemp
Hemp products, including CBD oil, can be classified as novel foods if they meet certain specifications.
A novel food is any ingestible food or ingredient that was not available on the EU market before May of 1997. These products must go through a strict authorization process before they are eligible to be sold.
Now, this is where it gets tricky — some cold-pressed hemp oils do not need to be authorized as novel foods because they were already consumed in the EU before 1997. Oils produced by cold pressing hemp seeds or other parts of the plant are legal to sell as food supplements without applying for authorization without the use of chemicals or solvents for extraction.
According to the Novel Food Catalogue, a hemp-derived product has to be extracted using safe methods to be considered a novel food. Every CBD oil manufacturer who uses extraction or purification techniques must independently apply for novel food authorization before selling their oil on the EU market.
In 2021, there will be another legal shift in the UK and Ireland for CBD manufacturers and retailers. Any new CBD product that has not been authorized as a novel food before March 31st of this year will have to be taken off the shelves.
For that reason, CBD manufacturers should submit their applications as soon as possible.
Applying for Novel Food Authorization
Wondering how you can classify your CBD oil as a novel food? It isn’t too difficult — the most important thing is to start your application right away to meet the March 31st deadline.
Here’s what you need to know:
For CBD Manufacturers
As a CBD oil manufacturer, it is your responsibility to submit an application for novel food authorization to the Regulated Products Portal.
The current processing time for applications is around one month. If you want your application to be approved as quickly as possible, make sure to include all the necessary data and information about your product.
Incomplete applications will not be processed — which means you won’t get your novel food authorization before the March 31st deadline.
For CBD Resellers
If you sell pre-branded or white-labeled CBD products, you should contact your supplier about the novel food authorization application.
It’s crucial that your specific products are mentioned in the application. Otherwise, they will not be considered novel foods and cannot be sold. Resellers can’t fill out independent applications for authorization, so make sure you communicate with your supplier!
For CBD Secondary Producers
If you bottle, blend or reformulate another manufacturer’s CBD product, your product can be included in your supplier’s application.
Secondary producers can also fill out an independent application for authorization, known as a “piggyback application.” You will need to provide stability and shelf-life tests to certify the safety of your product.
Marketing CBD Oil
If you are selling CBD oil classified as a novel food, it has to be appropriately labeled and marketed. Any food product with false or misleading marketing can lose its legal status.
Remember, non-cannabis CBD is legal in Ireland, but it is not classified as a medicinal product. Claiming that your CBD oil has medicinal properties is against the law.
So, how can you keep yourself and your product safe? Be careful about the wording used on your labels and in your advertising. Claims that your product will “treat,” “cure,” or “heal” an illness or medical problem are illegal. Those laws extend to what you post on social media or say out loud to customers!
As long as your CBD oil is not marketed with any health claims, you won’t have to worry about it losing its novel food authorization.
What’s Next?
The legal status of CBD oil and other hemp-derived products in Ireland is complicated. Laws are always changing and being rewritten — as a CBD oil manufacturer, reseller, or producer, keeping up with the latest changes can be exhausting.
That said, it’s important to keep yourself in the know! This article covered the current legal status of CBD products in Ireland, but more information may be made available throughout the year. Do your research and check back regularly to make sure your product is safe!
What’s next for CBD oil in Ireland? No one can say for sure. But as of now, CBD products classified as novel foods are safe, legal, and here to stay.
Join the conversation!