Brussels – According to the EU Court of Justice, member states cannot ban hemp cultivation in indoor hydroponic systems. The only limitation is respect for public health, that is, compliance with the legal limit of THC not exceeding 0.2 per cent.
The CJUE has taken a clear position on indoor cultivation. The ruling stems from a preliminary referral from the Romanian Court of Appeal in Alba Iulia, regarding the refusal of authorization for hemp cultivation received by the Biohemp Concept farm. Biohemp had not been granted permission to cultivate on a part of its land with a building “for agro-zootechnical purposes.” The Romanian court held that the authorization for the “cultivation of plants containing narcotic and psychotropic substances intended for industrial and food use, in the medical, scientific or technical field” should be limited to agricultural land stricto sensu.
The Court of Appeals referred the matter to the CJUE to clarify whether European regulations were compatible with permitting cultivation even for indoor hydroponic systems or whether there were additional limitations.
The Court has clearly said that, as long as it does not exceed the limit set for the protection of public health, indoor (authorised) cultivation is possible, considering that hemp is among the products included in the CAP. Indeed, hemp is among the products that, according to the European Regulation, make up the CMO, a common market organization, for which common criteria are established to be able to import hemp and hemp seeds into the Union (for uses other than planting) in relation to THC content. In essence, hemp and derivatives (excluding textiles) are regulated precisely at the trade level, and the hydroponic technique also benefits the CAP.
