Analysis of THC, CBD and other cannabinoids in food
German cannabis law has no influence on the legal classification of foods containing hemp
June 2024 (update). On 11 August 2022 the European Commission published Regulation (EU) 2022/1393 setting maximum levels for Δ9-tetrahydrocannabinol (Δ9-THC) in hemp seeds and derived products. The maximum levels mentioned there have been valid since January 1, 2023 and have 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 enables the determination of THC, CBD and other relevant cannabinoids in food.
Regulatory classification of foodstuffs containing hemp
In March 2024, the German Bundestag passed the Cannabis Act (CanG)[2], which came into force in April 2024. With this law, the narcotic status for cannabis is no longer applicable in Germany and a distinction is only made between industrial hemp (THC content <0.3 %), consumer cannabis and medicinal cannabis. Section 1 of the CanG also explains what is defined as cannabis. Synthetic THC continues to fall under the Narcotic Drugs Act (BtMG)[3].
The CanG has no influence on the legal classification of foods containing hemp. With the exception of hemp seeds, hemp flour and hemp seed oil and products that contain them as an ingredient, hemp and CBD products are currently still classified as novel foods (Regulation (EU) 2015/2283)[4] and cannot be marketed without the corresponding authorisation.
New maximum levels for THC as of 1 January 2023
Regulation (EU) 2023/915[1] 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, Δ9-tetrahydrocannabinol (Δ9-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% Δ9-THC is mainly used to classify the products under narcotics law in the European Union. In Germany, the classification is not applicable due to the Cannabis Act. 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 when consuming small amounts of a food containing THC. However, the EFSA points to a 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 in combination with the latest and most sensitive mass spectrometers are available (LC-ESI-MS/MS). 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 Δ9-THC, Δ9-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)
Eurofins currently offers analyses for hemp-containing foodstuffs. An analysis of cannabis plants, flowers, resin or other plant parts is under preparation.
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: Bundesgesetzblatt Teil I - Gesetz zum kontrollierten Umgang mit Cannabis und zur Änderung weiterer Vorschriften - Bundesgesetzblatt
[3] 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)
[4] Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods (consolidated text)
