The European Industrial Hemp Association (EIHA) is calling for a historic change in how the European Union defines industrial hemp, urging regulators to raise the legal THC ceiling to 1.0% — more than triple the current 0.3% limit.
If adopted, the shift would mark one of the most significant changes to EU hemp rules in decades, with major implications for farmers, seed developers, and the fiber and grain supply chain.
EIHA calls for the change in a new position paper tied to the next Common Agricultural Policy (CAP), the EU’s main farm support and rural development framework. The next version, covering the period 2028–2032, will determine which crops qualify for subsidies and how agricultural markets are regulated across member states.
“It is time for the European Union to acknowledge what science and international practice already show: a THC limit of 1% in hemp does not pose a health risk,” said Francesco Mirizzi, Managing Director of the EIHA. “Countries such as Switzerland, New Zealand and Australia have successfully operated at this level for years, and South Africa has recently proposed moving to 2%.”
Under today’s 0.3% EU THC limit – which applies to crops in the field – hemp farmers can plant certified industrial varieties and still face compliance problems if natural conditions push THC slightly higher. EIHA argues that factors such as heat and sunlight can affect THC expression in the field, creating legal and financial uncertainty even for growers acting in good faith. A higher ceiling, the group says, would reduce the risk of accidental violations that can lead to crop losses, subsidy penalties, or disrupted contracts.
“Consumer safety is ensured at the level of the final product, not by an arbitrarily low THC threshold in the field. The current 0.3% limit continues to create disproportionate compliance challenges for registered varieties and unnecessary legal uncertainty for farmers and operators,” Mirizzi said.
Breeding restricted
EIHA also says the current threshold has narrowed Europe’s breeding and seed pipeline. Many EU varieties were developed under strict low-THC constraints, limiting genetic diversity and yield potential. Raising the limit to 1.0% would give breeders more room to develop higher-performing fiber and seed varieties, expand the EU varietal catalog, and help address certified seed shortages as hemp cultivation spreads into warmer regions.
While the position paper does not directly address it, the change would also boost CBD makers because CBD in hemp plants rises in proportion to THC, making production more efficient.
The group says hemp cultivated at or below 1.0% THC remains non-intoxicating and far below the levels associated with marijuana.
THC history
THC thresholds for hemp in Europe have shifted repeatedly over the past four decades.
When specific limits were first introduced in the mid-1980s, Europe set the maximum THC level at 0.5%. That was later reduced to 0.3%, and eventually to 0.2%, tightening the regulatory space for breeders and farmers.
Those lower limits had ripple effects up and down the value chain, especially in seed development. Restrictions narrowed the range of varieties that could be legally cultivated and discouraged research into higher-yielding genetics.
The current EU-wide threshold stands at 0.3%, but the debate over whether that figure is too low has resurfaced as hemp production expands beyond its traditional strongholds.
Policy shift
The European Parliament has already discussed moving to a 0.5% THC limit – which could prove to be a compromise. But EIHA is now arguing that 1.0% would provide a clearer and more competitive benchmark, aligning the EU with several international and European jurisdictions already operating above 0.3%. In Europe, the Czech Republic and Switzerland set the THC barrier at 1.0%; Australia, New Zealand and Uruguay are among other countries that set the limit at that level.
EIHA also points to climate variability as a practical driver for change. Hemp grown in warmer regions can naturally express slightly higher THC levels, even when farmers use certified seed.
Market standards
EIHA’s second proposal is more technical but could have major commercial consequences: explicitly adding hemp to the scope of EU marketing standards under common market regulations.
In simple terms, this would give the European Commission clearer authority to set EU-wide rules for hemp product quality, labeling, and market transparency.
Marketing standards are already used in other agricultural sectors to prevent fraud, ensure consistent quality, and support fair competition across the single market. EIHA argues that hemp markets are now large and diverse enough that the EU needs similar tools for hemp-derived products, especially as cross-border trade grows.
Industry relevance
Together, EIHA’s two requests point to a broader strategy: raise the cultivation threshold to support farming and breeding, while strengthening end-market oversight to protect product integrity.
Still, the main proposal raises important questions about how quickly member states would accept a higher THC ceiling, given that drug enforcement remains largely national even under EU agricultural rules. “We anticipate resistance from some Member States, but we are confident that a higher limit than 0.3% is both scientifically justified and economically necessary,” Mirizzi said.
Whole-plant hemp
The European Commission last year proposed a landmark change that would formally recognize the entire hemp plant — including flowers — as an agricultural product under EU law, a shift that could bring greater legal clarity and wider market access across the bloc by treating hemp more like other standard crops. Mirizzi said EIHA has sought that clarification for years, and views it as a critical step toward greater legal certainty and market development.
“We strongly welcome the Commission’s proposal recognizing the whole plant and call on legislators to complement it with a realistic 1% THC threshold that reflects agronomic reality,” he said.