Analysis of THC, CBD and other cannabinoids in food
From 1 January 2023 maximum levels for THC in hemp seed products will apply
May 2023 (update). On 11 August 2022 Regulation (EU) 2022/1393 was published by the European Commission setting maximum levels for delta9-tetrahydrocannabinol (Δ9-THC) in hemp seeds and derived products. The maximum levels have been valid since 1 January 2023 and have in the meantime been transferred to the new Contaminants Regulation (EU) 2023/915[1].
The Eurofins Food & Feed Testing laboratories in Germany have established a selective and sensitive method that allows the determination of THC, CBD and other relevant cannabinoids in hemp products and thus effectively support the positioning and marketing of these products as food or food supplements.
Regulatory classification of foodstuffs containing hemp
The legislation distinguishes between narcotics, medicinal products and substances that do not belong to either of these categories. THC and cannabis themselves fall under the Narcotics Act (BtMG) but there are exceptions in the BtMG for commercial hemp (Annex I letter b and d under the item cannabis[2]).
The use of cannabis is permitted if the content of delta9-THC does not exceed 0.3% and the use exclusively serves commercial or scientific purposes that exclude abuse for narcotic purposes. Seeds are also exempted if they are not intended for unauthorised cultivation. This exemption also applies to preparations (foodstuffs) made from the plants and plant parts of cannabis, if they fulfil the above-mentioned conditions. Conversely, in a specific individual case, a foodstuff would be a narcotic if the delta9-THC content was above 0.3%. Such preparation would then have to be considered a narcotic with all legal obligations.
With the exception of hemp seeds, hemp flour and hemp seed oil, hemp and CBD products are currently classified as novel foods (Regulation (EU) 2015/2283)[3] and cannot be marketed without the corresponding authorisation.
New maximum levels for THC as of 1 January 2023
Regulation (EU) 2023/915 on contaminants in food sets the following maximum levels:
- for hemp seeds:
3.0 mg/kg THC (sum Δ9-THC and Δ9-THCA) - for ground hemp seeds, (partially) defatted hemp seeds and other products obtained/processed from hemp seeds:
3.0 mg/kg THC (sum Δ9-THC and Δ9-THCA) - for hemp seed oil:
7.5 mg/kg THC (sum Δ9-THC and Δ9-THCA)
The maximum levels apply since 1 January 2023. All foods lawfully placed on the market before 1 January 2023 may remain on the market until their best-before or use-by dates.
Hemp as a crop plant
Hemp (Cannabis sativa) is one of the oldest cultivated plants. Due to the presence of the so-called cannabinoids, its preparations have been used since ancient times as medicines and narcotics. Industrially, however, its fibres are also used for the production of textiles. The seeds of the hemp plant are practically free of cannabinoids and are used to produce edible oils and protein powders for food production. The leaves and flowers of the hemp plant, on the other hand, contain over 100 different cannabinoids as secondary phytometabolites. Of the psychoactive cannabinoids, delta9-tetrahydrocannabinol (delta9-THC) is the most important component. Other cannabinoids such as cannabidiol (CBD) are said to have health-promoting effects.
Toxicological evaluation of THC
The content of 0.3% delta9-THC is mainly used to classify the products under narcotics law. In its opinion published in January 2020, the European Food Safety Authority (EFSA) set an acute reference dose (ARfD) of 1 µg/kg body weight. This value can already be exceeded by consuming small amounts of a food containing 0.3% THC. However, EFSA points out the lack of analytical and consumption data, which would be necessary for a better assessment.
Analysis of THC, CBD and other cannabinoids
Our experts from the competence center for organic contaminants of the Eurofins Food & Feed Testing laboratories in Germany already have many years of experience in LC-MS/MS analysis of organic compounds at trace levels. For the analysis of cannabinoids in food, state-of-the-art chromatographic separation techniques (LC-ESI) in combination with the latest and most sensitive mass spectrometers are available. The use of internal standards represents the status quo in terms of precision and accuracy of the analytical results obtained. The daily measurement of calibration standards and food reference materials for critical control of the analysis are additional quality standards that increase the safety of the analysis.
In addition to the analysis of delta9-THC, delta9-THC acid and its sum as well as the analysis of CBD, our offer additionally includes the analysis of a wide range of other cannabinoids:
- Δ9-Tetrahydrocannabinol (Δ9-THC)
- Δ9-Tetrahydrocannabinolic acid (Δ9-THCA)
- Sum Δ9-Tetrahydrocannabinol
- Cannabidiol (CBD)
- Cannabichromene (CBC)
- Cannabidiolic acid (CBDA)
- Cannabidivarin (CBDV)
- Cannabidivarinic acid (CBDVA)
- Cannabigerol (CBG)
- Cannabigerolic acid (CBG-A)
- Cannabinol (CBN)
- Tetrahydrocannabivarin (THCV)
- Δ8-Tetrahydrocannabinol (Δ8-THC)
The analyses for food and food supplements each cover a measurement range of 0.1 mg/kg to 500 mg/kg per parameter.
The submitted analysis samples from non-German companies must be accompanied for their import by a signed customer declaration confirming a THC content < 0.3%. Analysis samples from German companies do not require a customer declaration on the THC content. Samples for medicinal purposes are explicitly excluded from the analysis.
Do you have questions about the analysis of THC, CBD and cannabinoids?
Contact our expert Sindy Böhme or your personal account manager - we are looking forward to your enquiry.
Relevant Regulations and Acts
[1] Commission Regulation (EU) 2023/915 (Contaminants-Regulation)
[2] In German: "§ 1 Betäubungsmittel" des Gesetzes über den Verkehr mit Betäubungsmitteln (Betäubungsmittelgesetz - BtMG);
Anlage I (zu § 1 Abs. 1) (nicht verkehrsfähige Betäubungsmittel) zum Gesetz über den Verkehr mit Betäubungsmitteln (Betäubungsmittelgesetz - BtMG)
[3] Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods (consolidated text)
