Cannabis as an ingredient in food or supplements (Denmark)

No national regulations apply in Denmark on cannabis as an ingredient in foods and food supplements and, conse-quently, applicable EU rules and regulations are of relevance, including Regulation (EU) No 2015/2283 on Novel Foods and Article 14 on food safety requirements of Regulation (EC) No 178/2002 laying down the general principles and requirements of food law. Seeds, seed meal, protein powder from seeds, defatted hemp seeds and seed oil are not categorised as novel foods. Similarly, the use of hemp leaves in tea is also not considered a novel food. These must be derived from varieties of industrial hemp that are listed in the EU catalogue of varieties and that are free from or low in tetrahydrocannabinol (THC). The European Commission has set limit values for THC content in hemp seeds and hemp products, and The Danish Veterinary and Food Administration has set guideline limits for THC content in hemp leaf tea. Products other than those listed above that are derived from the hemp plant (e.g. the root, flower, stem and top shoot) are categorised as novel foods, and the marketing of these products is subject to an authorisation, including risk assessment, under the EU novel food legislation. Similarly, cannabidiol (CBD) is a novel food and therefore requires novel food authorisation prior to marketing. Ex-tracts of the hemp plant, derived products containing cannabinoids (including CBD), extracts of other cannabinoid-containing plants and synthetically produced cannabinoids are all novel foods, and any marketing thereof will be sub-ject to a risk assessment and authorisation.

This is general information rather than legal advice and is current as of 30 May 2024. We recommend you contact a specialised food lawyer for legal advice for your particular circumstances to support commercial decisions which could impact your product or business.

Martin Dræbye Gantzhorn

Gorrissen Federspiel