Regulation (EU) 2023/915 already established maximum levels for the sum of Δ9-THC and Δ9-THCA, expressed as Δ9-THC equivalents, in hemp seeds and derived products; however, such levels had yet to be set for hemp leaves intended for water infusions and for ready to drink hemp leaf infusions, which are also listed as permitted in the Novel Food Catalogue.
The lipophilic nature of Δ9-THC and Δ9-THCA must be taken into account, as it limits their migration into a water-based infusion; conversely, adding a fatty ingredient—such as cream or milk—during the steeping process produces the opposite effect. Therefore, it is important to note that the fatty ingredient should only be added after the steeping stage.
Foods legally marketed before 1 January 2027, the date of application of this Regulation, may remain on the market until their date of minimum durability or use-by date.
The maximum limits for Δ9-THC would be as follows:
Hemp leaves for water infusion
Maximum limit: 40 mg/kg
The following statements shall be included in the main visual field of the label:
— Only to be used for water infusion (preparation of a herbal infusion).
— Shall not be consumed by infants and young children.
— No fatty ingredients, such as cream or milk, shall be added during steeping.
Without prejudice to more restrictive national rules in certain Member States on the placing market of hemp leaves.
Ready to drink hemp leaves infusions
Maximum limit: 0,02 mg/kg
Including ready to drink herbal infusions not exclusively based on hemp leaves.
Without prejudice to more restrictive national rules in certain Member States on the placing market of ready to drink hemp leaves infusions.