EU Sets THC Limits for Hemp Tea, Recognizing It as Traditional Food

European Commission Regulation 2026/1828 sets different limits for dried hemp leaves and for the tea made from them. Leaves intended for infusion may contain no more than 40 mg/kg of total THC equivalents, while the ready-to-drink infusion is limited to 0.02 mg/kg.

EIHA, the European industrial hemp association, welcomes that the EU further recognizes hemp-leaf infusions as traditional food, but regrets that the THC limits are so strict. “They may make it very difficult to market many products derived from legally cultivated plants,” says the association’s managing director Francesco Mirizzi.

Stricter Rules Still Apply

The regulation also preserves stricter national rules, so it does not automatically open for free trade in hemp leaves within the EU’s 27 member states. EIHA will now closely monitor the impact of the limits on the European market.

German Study Shows High Levels

The 40 mg/kg limit for dried leaves could prove the greatest obstacle. A 2023 German study of 23 commercial hemp teas found levels in the dried products ranging from 16 to 935 mg/kg, averaging 221 — more than five times the new EU limit. The association hopes the limit for dried leaves is raised to at least 400 mg/kg.

Traditional Food

The regulation builds on a 2023 decision that hemp leaves, separated from flowering and fruiting tops and used as herbal infusions, are traditional food rather than novel food requiring authorization before sale. The new regulation brings hemp-leaf infusions into the EU’s contaminant rules.

Label Rules

Dried leaves sold for tea must carry instructions that they are intended only for water infusion. Labels must also warn that the tea should not be consumed by infants or young children. Businesses have until Jan. 1 to comply, while products already on the market can be sold through their use-by dates.

Source:
EU sets THC limits for hemp-leaf tea, advancing recognition as traditional food — Hemp Today / EIHA