INCB Circular Letter 20/2024, which CannaReporter® had access to, introduces one of the most relevant international clarifications on cannabis in recent decades: CBD is not subject to international control, and the cultivation of low-THC hemp for the extraction of uncontrolled cannabinoids can be considered a legitimate industrial activity. The interpretation now formalized by the United Nations body contrasts with the repression and restrictions that continue to exist in several countries, including Portugal.
Read the first of three articles about this investigation here: Exclusive: INCB letter kept secret reveals that CBD is outside international control.
CannaReporter® conducted an investigation in which it discovered that, in December 2024, almost every country in the world received a circular letter from the INCB (International Narcotics Control Board) with various guidelines for the application of United Nations (UN) Conventions. But the document was kept secret and only after several efforts were we able to obtain it, through the European Commission.
INCB Circular Letter 20/2024 and its accompanying technical document introduce a clarification that could have a profound impact on the hemp, CBD (cannabidiol) and uncontrolled cannabinoid industries. According to INCB, CBD is not subject to international control and the cultivation of low-THC cannabis for the extraction of uncontrolled cannabinoids (i.e., all except THC and HHC) can be classified as industrial cultivation.
For decades, a significant part of the international discussion on cannabis has been hampered by a fundamental difficulty: distinguishing between the plant that is, on the one hand, a source of controlled substances and, on the other, the plant as an agricultural, industrial, or horticultural raw material.
The Single Convention on Narcotic Drugs of 1961 placed cannabis, cannabis resin, and the cannabis plant under international control, but did so with its own definitions and express exceptions. The subject of analysis in this second of three articles, the annex to INCB Circular Letter 20/2024 clarifies the interpretations of these concepts and establishes a separation that, while already grounded in the treaties, now has a more direct formulation in the modern context of the medicinal cannabis, cannabinoid, and hemp markets, reinforcing the Conventions’ openness to the modern times.
The annex, entitled “Implementation of the provisions of the Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol, and of the Convention on Psychotropic Substances, in relation to cannabis and substances related to cannabis”, makes several references to the conventions, one of the first points referring to “Definitions”.
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GOOGLE AI PRECIS
- Exempt from Treaties: The INCB explicitly stated that CBD is completely outside the scope of international narcotic control frameworks.
- Industrial Hemp Classification: The cultivation of low-THC cannabis specifically for extracting uncontrolled cannabinoids—including CBD—falls under the category of industrial hemp, exempting it from strict drug policing.
- Selective Controls: The letter defines tetrahydrocannabinol (THC) and hexahydrocannabinol (HHC) as the primary cannabinoids subject to international control, clearing others. [1, 2, 3]
| Aspect [1, 2, 3, 4] | The INCB Letter Stance | Common National Enforcement Stance |
|---|---|---|
| Legal Status | Non-controlled agricultural commodity. | Treated identically to narcotic marijuana. |
| Cultivation Purpose | Safe to grow if intended for CBD extraction. | Classed as trafficking or unauthorized drug manufacturing. |
| Health & Safety | Not a drug under international treaty definitions. | Seized, banned, or highly restricted via narcotics laws. |
