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Use of cannabis and derived substances in cosmetics – Portuguese approach

The Portuguese National Authority for Medications and Health Products (INFARMED) issued a bulletin on the topic of the usage of cannabis and its derivates on cosmetic products.

According to the statement issued by Infarmed, the framework regulating cosmetics and its placement on the market (Regulation (EC) no. 1223/2009, dated 30 November) forbids the usage of any substance listed on Tables I and II of the Single Convention on Narcotic Drugs. Moreover, and as regards to Portuguese national law, cannabis and its derivatives are considered controlled substances for the purposes of Decree-Law no. 15/93, dated 22 January (as last amended).

In practical terms, this means that, regardless of its tetrahydrocannabinol (THC) level, cosmetics cannot contain cannabis and cannabis resin, extracts and tinctures of cannabis, leaves and flowering/flowering or fruiting juices of the cannabis plant. Therefore, the inclusion of CBD or other cannabinoids in cosmetic products is not permitted.

Even as regards to substances listed on CosIng, namely "Cannabidol - derived from the extract or tincture or resin of cannabis" or "cannabis sativa lead extract", their inclusion on cosmetic products is nevertheless prohibited.

The exception to this rule singles out substances and preparations that are obtained from seeds of plants with a THC content lower or equal to 0.2%. This includes cannabis seed oil coming from plant varieties that are inscribed on the Common Catalogue of Varieties of Agricultural Plant Species.

Per Ordinance no. 83/2021, dated 15 April, as last amended, entities that pursue the activities of growing, manufacture and distribution are the ultimate responsible for assuring regulatory compliance and the safety of cosmetic products made available on the Portuguese market.

Tags

cannabis, cbd, regulation

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