EU Council Backs Whole Hemp Plant as a Farm Product, but Lets Countries Keep Control of End Use
On 19 October 2026, the Special Committee on Agriculture of the Council of the European Union agreed a partial negotiating position on the next common market organisation (CMO) for agricultural products, the rulebook that runs from 2028. Tucked inside it is a change hemp growers and CBD sellers have asked for since the current rules were written: the whole hemp plant, not just the fibre and seeds, would count as an ordinary farm product. Here is what the text actually says, and what it does not change yet.
What the Council agreed, and when
On 19 October 2026 the Council reached a partial mandate on the revision of Regulation (EU) No. 1308/2013, the regulation that defines which agricultural products get EU market rules and support. This mandate now goes to the Irish Presidency of the Council, which will negotiate the final text with the European Parliament. Nothing in it is law yet: it is the Council's opening position for those talks.
Hemp flowers as a farm product, under three conditions
Today, EU farm rules mainly cover hemp straw, fibre and seed. The Council's position would extend that to "all other parts of the hemp plant", explicitly including inflorescences (flowers) and leaves, classified under tariff code 1211 90 86. Three conditions would apply: the plant has to be a registered Cannabis sativa L. variety, grown from certified seed, and stay under the existing 0.3% THC limit. For hemp businesses, that mostly means less legal grey area around growing, trading and importing flower and leaf material across the EU, not a new product category.
0.3% | maximum THC content hemp must stay under to count as a farm product in the Council's position | https://businessofcannabis.com/whole-hemp-plant-could-soon-be-recognised-as-agricultural-crop-in-the-eu-but-states-will-keep-power-to-criminaliseThe part that keeps member states in charge
The mandate also carries a safeguard, in a recital some coverage has called a "backdoor" for countries that want to stay strict. It lets member states keep or introduce their own rules on the end use of hemp products, for reasons of public health or public safety. In practice, a country such as Germany can still ban hemp flower sold for smoking under its own consumption law, even once the EU formally classifies the plant it comes from as an agricultural product. The Council's position deliberately separates two questions: is hemp a farm product (increasingly yes, EU-wide), and what can be sold to consumers and how (still up to each country).
What is still open
Two things are unresolved. First, the THC ceiling itself: the Council's text keeps the current 0.3% limit, but the European Parliament's agriculture committee has pushed in parallel discussions for 0.5%, so the final figure depends on the negotiation with Parliament. Second, the timeline: this CMO reform is tied to the EU's 2028-2034 budget period, so the earliest realistic entry into force is 2028, and several dates in the draft text are still placeholders.
What it means if you buy CBD today
Nothing changes immediately for buyers: the 0.3% THC limit that already defines legal CBD in the EU is untouched, and each country's rules on what can be sold in shops (smokable flower, food products, vapes) stay exactly as they are until national legislators act. If this file moves forward, it mainly promises more consistent EU-wide rules for how hemp is grown, certified and traded, which can support traceability and quality further down the chain. If you are comparing products in the meantime, our CBD buying guide covers what to look for on a label today, EU rules aside.
Frequently asked questions
Does this make hemp flower legal to sell everywhere in the EU now?
No. It would classify the plant itself as an agricultural product under EU farm rules. What can be sold to consumers, and in what form, stays up to each member state.
Is this already law?
No. It is a Council negotiating position agreed on 19 October 2026. It still has to be negotiated with the European Parliament before it can become law, with 2028 as the earliest realistic date.
Does the 0.3% THC limit for CBD change?
Not in this text. The Council kept the existing 0.3% limit, though the European Parliament has separately proposed raising it to 0.5%. Nothing is final yet.
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