Hemp Industry Daily report…
Hemp growers in Portugal got some long-awaited clarity on cultivation oversight this week after legislation naming the country’s regulatory bodies for hemp crops took effect.
Under guidelines that took effect on Wednesday, the cultivation of EU-certified industrial hemp in Portugal will be regulated by four state agencies:
Regulatory Decree No. 2/2020
- Issuer:Presidency of the Council of Ministers
- Proponent Entity:Agriculture
- Diploma Type:Regulatory decree
- Pages:8 – 10
- SUMMARYEstablishes the authorization regime for the cultivation and industrial exploitation of hemp varieties
Regulatory Decree No. 2/2020
Summary: Establishes the authorization regime for the cultivation and industrial exploitation of hemp varieties.
The Decree No. 61/94 of 12 October, establishes the rules for the control of the licit market of narcotic drugs and psychotropic substances included in the attached tables iv was the Decree-Law No. 15/93 of 22 January, and precursors and other chemicals susceptible to use in the manufacture of drugs, hereinafter referred to as scheduled substances, defined in Regulations (EC) No. 273/2004 , of the European Parliament and of the Council, of 11 February, and 111 / 2005 , of the Council, of December 22, 2004.
The diploma thus established the conditions, authorizations and inspection that affect cultivation, production, manufacture, employment, trade, distribution, import, export, introduction, dispatch, transit, detention a any title and the use of plants, substances and preparations included in tables ia iv contained in Decree-Law no. 15/93 , of 22 January.
Under the terms of the aforementioned regulatory decree, control functions are assigned to entities in the governmental areas of agriculture and justice in relation to the cultivation of hemp for industrial purposes.
There has been a growing interest in the cultivation of this plant species, not only for medicinal purposes, medicines and products for veterinary use, and cosmetics, but also for its industrial use, namely production of fiber, seeds and other products intended for agribusiness. Considering that the varieties of Cannabis sativa for industrial use are not distinguishable from varieties with tetrahydrocannabinol (THC) levels greater than 0.2%, of which there may be increases in THC levels above those defined by the common organization of markets for the industrial hemp, due to natural fluctuations resulting from growing conditions, it is considered that the cultivation of hemp, regardless of the final destination to be given to the respective production, should be subject to authorization.
Recognizing the economic and agricultural potential of this species, this regulatory decree aims to give the agricultural services the powers to authorize cultivation for industrial purposes, distinguishing it positively from the possible illicit purposes that may be associated with this plant species.
Finally, it is important to define and define the competences attributed to entities in the cultivation of hemp varieties, for the production of fiber and seeds, and to extend the competences already attributed in terms of control to the Judiciary Police and the Agriculture and Fisheries Financing Institute. , IP, to all cultivated fields, without prejudice to whether the respective producers are included in the single payment scheme or not.
The self-governing bodies of the Autonomous Regions were heard.
Under the terms of paragraph c) of article 199 of the Constitution and paragraph 2 of article 76 of Decree-Law no. 15/93 , of January 22, in its current wording, the Government decrees the following
This regulatory decree proceeds to the fifth amendment to Regulatory Decree No. 61/94 , of October 12, as amended by Regulatory Decrees No. 23/99 , of October 22, 19/2004 , of April 30, 28 / 2009 , of October 12, and by Decree-Law no. 8/2019 , of January 15, which establishes the rules for the control of the lawful market for narcotic drugs, psychotropic substances, precursors and other chemicals that may be used in manufacturing drugs, included in tables ia vi attached to Decree-Law no. 15/93 , of 22 January.
Amendment to Regulatory Decree No. 61/94 , of 12 October
Articles 13, 43, 44 and 67 of Regulatory Decree 61/94 , of 12 October, in their current wording, are replaced by the following:
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4 – In the case of the cultivation of hemp for industrial purposes, including for food or animal feed or for the manufacture of compound feed or animal feed, of the varieties of Cannabis sativa for the production of fiber and seeds not intended for sowing, the functions of control are carried out by the Agriculture and Fisheries Financing Institute, IP, together with the Judiciary Police, the Republican National Guard and the Public Security Police in terms to be defined by order of the members of the Government responsible for the areas of internal administration, justice and of agriculture.
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6 – Authorization for the cultivation of hemp for industrial purposes, provided for in paragraph 4, must be requested from the Directorate-General for Food and Veterinary.
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a) For cultivation, referred to in paragraph 1 of article 13 – (euro) 3000.00;
h) For changes and maintenance of authorizations related to the activities provided for in paragraphs a) and b) of paragraph 1 – (euro) 1000.00;
i) For cultivation, referred to in paragraph 4 of article 13 – (euro) 50.00 plus the value of the cost of laboratory control tests, when applicable.
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1 – Fees due under paragraphs a) to h) of paragraph 1 of the previous article are charged and due to INFARMED, IP, when submitting requests.
2 – The fees due under the terms of paragraph i) of paragraph 1 of the previous article are charged and due to the Directorate-General for Food and Veterinary, and the amounts to be paid for laboratory analyzes must be paid to the laboratories.
1 – The application of the fines and accessory sanctions referred to in section ii of this chapter is the responsibility of the president of the INFARMED, IP board of directors, with the exception of those resulting from the powers attributed to DGAV for whose application the director-director is competent. General Food and Veterinary.
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This regulatory decree enters into force on the day following its publication.
Seen and approved by the Council of Ministers on July 16, 2020. – António Luís Santos da Costa – Eduardo Arménio do Nascimento Cabrita – Francisca Eugénia da Silva Dias Van Dunem – Jamila Bárbara Madeira and Madeira – Maria do Céu de Oliveira Antunes Albuquerque.
Enacted on July 23, 2020.
The President of the Republic, Marcelo Rebelo de Sousa.
Countersigned on July 27, 2020.
By the Prime Minister, Pedro Gramaxo de Carvalho Siza Vieira, Minister of State, Economy and Digital Transition.
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