Infarmed, the Portuguese ANSM, has published a circular recalling that the use of CBD extracted from “cannabis for industrial purposes” is prohibited in Portugal.
Citing the Single Convention on Narcotic Drugs of 1961, Infarmed Chairman Rui Santos Ivo clarifies that “cosmetic products may therefore not contain the following substances/preparations related to the cannabis plant, regardless of their tetrahydrocannabinol content (THC)”.
According to the Portuguese Medicines Authority, “the inclusion of CBD or other cannabinoids, which naturally exist in the cannabis plant, is not allowed, since they are obtained through the preparation of extracts or tinctures of cannabis or its resin.
For Infarmed, CBD is a controlled substance
Infarmed’s circular also states that “with regard to the various cannabinoids that are part of cannabis resin, and in particular the substance cannabidiol (CBD), it is the opinion of the International narcotics (INCB – International Narcotic Control Board), that it is covered by the Single Convention on Narcotic Drugs of 1961, as an extract/preparation of the cannabis plant, and is listed in Schedule I annexed to that convention. Thus, the aforementioned substances, namely the substance cannabidiol (CBD), as a cannabis resin or preparation, are included in Table IC, annexed to Legislative Decree No. subject to the control measures applicable to the substances listed therein. planned”.
A point of view that the main world hemp associations do not share. For them, the conventions do not regulate hemp and its derivative products, but only the medical markets for the substances. The 1971 Convention clearly underlines this principle by indicating that governments “may authorize […] the use of these substances in industry for the manufacture of non-psychotropic substances or products”.
CBD banned in cosmetics
Infarmed therefore points out that the marketing of cosmetic products containing CBD is prohibited in Portugal.
This regulation “prohibits the inclusion in cosmetic products of all the substances listed in Tables I and II of the Single Convention on Narcotic Drugs of 1961, by heading 306 of Annex II. In addition, at the national level, these substances are considered to be controlled, in accordance with the provisions of Decree-Law No. 15/93 of January 22, in its current version”.
In this sense, specifies Infarmed, “cosmetic products cannot contain the following substances/preparations related to the cannabis plant, regardless of their tetrahydrocannabinol (THC) content”:
- Cannabis and cannabis resin;
- cannabis extracts and tinctures;
- Leaves and flowering/flowering or fruiting tops of the cannabis plant.
Even with regard to the substances listed on the CosIng, the European regulation of authorized ingredients in cosmetics, which specifically includes “Cannabidiol – derivative of cannabis extract or tincture or resin” or “extract of cannabis leaves Cannabis Sativa”, their inclusion in cosmetic products is nevertheless prohibited.
But for Infarmed, an ingredient listed on CosIng does not mean that its use in cosmetic products is authorized: “its inclusion in cosmetic products is not authorized”.
The circular notes that only hemp seed oil is accepted, pending probable legal action regarding the European authorization of CBD and CBG in cosmetics.