Greek Proposal to Ban Industrial Hemp Flower Sales
Greece is moving to implement a blanket ban on the retail sale of industrial hemp flower across the country, a measure that concluded its stakeholder consultation period on April 27, 2026. This proposed legislation has drawn significant opposition, with warnings from Greece’s own statutory advisory body that it may conflict with European Union law regarding the free movement of goods. The initiative is primarily driven by concerns over the proliferation of loosely regulated “intoxicating hemp” products, such as those enriched with synthetic cannabinoids, which have appeared in convenience stores and vending machines.
However, industry stakeholders argue that the proposed ban overreaches, potentially affecting the legitimate industrial hemp and CBD sectors by failing to differentiate between compliant low-THC products and illicit synthetic substances.
Regulatory Framework and Proposed Amendments
The current Greek industrial hemp framework, established by a 2016 joint ministerial decision grounded in Law 4139/2013, permits the cultivation and industrial processing of Cannabis Sativa L varieties with a tetrahydrocannabinol (THC) content below 0.2%. This framework also formally exempts raw harvested products from the definition of narcotic substances. However, it did not explicitly authorize the retail sale of hemp flower for human consumption, creating a regulatory gap that the retail CBD flower market rapidly occupied.
The emergence of psychoactive semi-synthetic cannabinoids, such as HHC and its derivatives, which are often applied to legal hemp flower, prompted regulatory action. Greece classified HHC as a narcotic in January 2024, expanding the list of prohibited synthetic cannabinoids in 2025. This mirrors actions taken in other jurisdictions; for instance, the Drug Enforcement Administration (DEA) formalized hexahydrocannabinol (HHC) as a Schedule I controlled substance on May 4, 2026, as reported by Business of Cannabis.
Under the proposed Greek bill, specifically Article 41, the THC limit for industrial hemp would be raised to 0.3% to align with broader EU legislation. However, it introduces a new paragraph 3A, which stipulates that “Dried flower derived from the cultivation of Cannabis Sativa L varieties with THC content up to 0.3% and intended for retail sale, distribution and supply to consumers does not constitute a raw harvested product.” This effectively removes dried hemp flower from the narcotic exclusion, making its retail sale, distribution, consumer supply, purchase, and use within Greek territory “totally prohibited.” Import, storage, and wholesale supply would remain permitted only for industrial processing into products like cosmetics, foods, and dietary supplements. Operators found in violation could face fines up to €100,000, withdrawal of operating licenses, and prison sentences of up to five years under Articles 48 and 49 of the bill. Concurrently, Article 42 proposes reducing fees for pharmaceutical cannabis export production licenses from €2,500 to €500 per application.
Industry Objections and Economic Implications
The proposed ban has generated substantial opposition, with half of the 845 comments submitted during the consultation period directed at Chapter E, which contains the cannabis provisions. Industry operators argue that the bill fails to distinguish between legal, domestically produced industrial hemp flower and illicit semi-synthetic cannabis products. Georgios Alexandros Velentsas, a CBD store owner, highlighted that the ban could result in significant revenue loss for the Greek state through VAT and potentially lead to thousands of job losses. He noted that citizens could still order such products from websites abroad, circumventing domestic quality control and age verification. Business owners emphasized that natural low-THC flower should not be penalized for issues caused by synthetic substances, advocating for stricter controls and fines on lawbreakers rather than a blanket prohibition.
Potential Conflict with European Union Law
The proposed Greek legislation faces significant legal challenges concerning its compatibility with EU law, particularly the principle of the free movement of goods. A key precedent is the Court of Justice of the European Union (CJEU) ruling in the C-663/18 — Kanavape case in November 2020. This ruling established that cannabidiol (CBD) is not a narcotic substance and that member states cannot impose blanket marketing bans on CBD products lawfully produced elsewhere in the Union without scientifically substantiated evidence of a genuine public health risk.
Greece’s own Economic and Social Committee (OKE), a statutory advisory body, concluded in its formal opinion that the proposed measure “moves against the European trend where CBD flower distribution is permitted under specific conditions” and “excessively restricts economic activity.” The OKE recommended replacing the blanket prohibition with enhanced market supervision, strict age limits, traceability across distribution channels, and substantially higher fines, arguing that a ban on domestic retail would not eliminate product distribution but rather abolish controlled trade. Legal experts, such as Georgios Folias, have also stated that the bill is in “obvious tension” with EU law, particularly because less restrictive measures to address public health risks from synthetic products have not been exhausted.
The bill was formally tabled in the Hellenic Parliament on May 5, 2026, and will proceed to committee stage before a plenary vote. A potential procedural challenge for Greek operators involves Directive 2015/1535/EU, the Technical Regulations Information System (TRIS), which requires member states to notify the European Commission of draft technical regulations before enactment. Business of Cannabis found no such notification relating to this bill. A ruling from the EUCJ, expected no earlier than late 2026, on a similar referral from Italy’s Council of State regarding a member state ban on compliant hemp parts, could provide an immediate basis for Greek operators to challenge any enacted restriction in domestic courts.
Disclaimer: This article is for informational purposes only and does not constitute medical advice. Hemp Gazette does not provide medical recommendations, diagnoses, or treatment plans. Always consult a qualified healthcare practitioner before making any decisions regarding your health or any medical condition. Statements concerning the therapeutic uses of hemp, cannabis, or cannabinoid-derived products have not been evaluated by Australia’s Therapeutic Goods Administration (TGA). Medicinal cannabis products in Australia are accessed via prescription pathways under TGA regulation.
