Δ9-THC in hemp leaves and hemp leaf infusions: maximum levels from 2027 and mandatory label warnings
Commission Regulation (EU) 2026/1828 (OJ of 29 July 2026) introduces, from 1 January 2027, maximum levels for the sum of Δ9-THC and Δ9-THCA, expressed as Δ9-THC equivalents: 40 mg/kg in hemp leaves for water infusion and 0.02 mg/kg in ready-to-drink hemp leaf infusions.
- The sum is calculated as Δ9-THC + 0.877 × Δ9-THCA (where both are determined separately), as lower-bound concentrations — as for the existing levels in hemp seeds and products derived from them, e.g. 3.0 mg/kg in hemp seeds.
- Hemp leaves must carry in the principal field of vision of the label the information that they are for water infusion only, must not be consumed by infants and young children, and that no fat-containing ingredients such as cream or milk are to be added during infusion.
- Rationale: in 2015 EFSA set an acute reference dose of 1 µg Δ9-THC/kg body weight, which was exceeded in some of the acute exposure estimates published in 2020; the level takes into account the limited migration of the lipophilic Δ9-THC and Δ9-THCA from the leaves into the infusion.
- The level for ready-to-drink infusions also covers herbal infusions not made exclusively from hemp leaves; stricter national rules on placing hemp leaves and their infusions on the market remain unaffected.
Source: Dziennik Urzędowy Unii Europejskiej — rozporządzenie Komisji (UE) 2026/1828