The key European hemp stakeholders group claims that existing EU cannabinoids rules give national authorities a legal basis for halting the growing trade of intoxicating substances made from hemp.
Unscrupulous vendors are continuing to sell products that contain synthetic chemicals, violating EU laws and taking advantage of the uneven enforcement between member states.
Francesco Mirizzi said, “We have no doubt that the competent authorities at both national and European levels will examine carefully these practices to determine whether they are in compliance with current legal frameworks and then take any necessary actions.”
Illicit products “risk undermining credibility and the stability of European hemp for the long term,” warned he.
Established EU rules
Unlike the United States — where federal regulators are still working to sharpen cannabinoid rules — Europe’s baseline legal framework is well established. Italy is a prime example of how national implementation can still be uneven and contested politically. But EU-level instruments and international agreements already set the limit for what’s permissible.
These substances are being promoted widely in Europe. It is notTHC-A, HHC (and its derivatives), THCP and other semi-synthetic cannabinoids are often blended or positioned with CBD-based products.
These compounds, of unclear origin, are being offered in a range of products – from smokable flower and gummy bears, to high-potency “rocks” – to both retail consumers and wholesalers within the European market.
Across Europe, several online retailers sell products containing hemp-derived intoxicants, such as THCA flowers, vapes and edibles.
Alphabet soup
HHC was the first of the “active hemp” compounds to appear in Europe, but that substance was designated Schedule II by the UN Commission on Narcotic Drugs in 2025 – putting it in the same classification as THC and LSD, among others.
More recently, the distortion is present in the marketing of non-psychoactive THCA – which converts to psychoactive delta-9 THC when heated. Vendors market THCA as “legal throughout Europe,” “not regulated or governed by the EU” or “classified under industrial hemp”.
These statements do not accurately reflect the way European law operates.
European regulators treat cannabinoids that cause intoxication as having the same inherent risk as Delta-9 THC. The European Food Safety Authority applies the same safety limits to delta-8 THC and delta-9, but at a low enough level that it does not allow for products containing delta-8 as an intoxicant. EU law considers THCA as well as THC to be “total THC” because THCA is reliably converted into THC by heating.
‘Responsible market behavior’
This clearly undermines the cynical claim of sellers that THCA is a separate category under European law.
Mirizzi stated that “the absence of psychotropic effects in the raw form of cannabis does not remove the risk for conversion to a controlled substance.” “Presenting THC-A products as broadly ‘legal in Europe’ is highly misleading and potentially dangerous. This claim ignores the legal complexity of controlled substances and drug precursors in EU Member States.
If left unchecked, Europe’s “active hemp” trend risks changing how authorities view the entire cannabinoid market — from a wellness sector needing sensible oversight to a drug-risk sector needing strict control. The shift in perception would affect not just the bad actors, it also impacts CBD businesses that comply with regulations and the broader non-intoxicating cannabis industry.
“Appropriate control and responsible behaviour on the market are essential for protecting consumers, legitimate operators and the reputation as a hemp industry in its entirety,” said Mirizzi.