For the first time.. allowing the use of “industrial hemp” in medical products in the country

The UAE government issued a federal decree law regulating the industrial and medical uses of industrial hemp, in a way that supports the achievement of sustainable economic development by regulating a new economic sector and a promising market in accordance with international best practices, as it can be used in the clothing, textile, paper and construction industries, as well as the manufacture of legally authorized medical products.

Personal use

The decree law prohibits the personal or recreational use of industrial hemp, in terms of importing, manufacturing, or using industrial hemp products related to foodstuffs, nutritional supplements, veterinary products, smoking products, and any other products specified by a decision of the Council of Ministers. It also prohibits the import, manufacture, or use of cosmetics that contain industrial hemp, with the exception of those that contain oils extracted from seeds or stems of industrial hemp, or any other exceptions specified by a decision of the Council of Ministers, taking into account that Any compounds that may give a narcotic effect directly or indirectly will be subject to the provisions of this decree law and the provisions stipulated in the laws of crimes, punishments, control of narcotic substances, and any other relevant laws.

The provisions of the Decree-Law apply to activities related to industrial hemp that are practiced in the country, including free zones, which include importing and exporting industrial hemp seeds, cultivating it in fenced, controlled and protected places, transporting and disposing of its seeds and seedlings, and manufacturing, importing, exporting and trading its products authorized by the law. The Decree-Law also grants each emirate, in accordance with the legislation and regulations in force therein, the authority to prohibit or restrict all or some activities related to industrial hemp, and it applies In this case, the provisions stipulated in the laws of crimes, punishments, control of narcotic substances, and any other relevant laws.

The decree law allows for the first time the use of industrial hemp in medical products that contain synthetic hemp compounds or raw materials extracted from it, provided that it is regulated in accordance with the Law on Medical Products, the Pharmacy Profession, and Pharmaceutical Establishments.

Import controls

The controls for practicing the activity of importing and exporting industrial hemp seeds are determined in terms of the necessity of obtaining a license from the Ministry of Climate Change and Environment in accordance with specific controls and conditions for licensing, with the necessary licenses being obtained from the local authority concerned with practicing the activity in the emirate.

Among the most important controls are: The applicant for the license must be a licensed agricultural company, and the seeds must be of industrial hemp varieties to be imported or exported within the list of approved varieties in the executive regulations of the law, and the obligation to use imported seeds for the purpose of agriculture only, in areas designated by the relevant local authority, and within the licensed areas.

Cultivation of “hemp”

The decree-law prohibits practicing the activity of cultivating industrial hemp without obtaining a license from the Ministry of Climate Change and Environment, along with obtaining the necessary licenses from the local authority concerned with practicing the activity in the emirate. Among the most important controls are: the obligation to obtain security approval from a committee affiliated with the National Drug Control Agency. It also specifies obligations for those licensed to cultivate industrial hemp, the most important of which are: adherence to cultivation in areas designated by the relevant local authority and within the areas and limits of licensed quantities, and adherence to periodic inspections.

The Decree-Law also regulates the controls and conditions for allocating industrial hemp cultivation areas by the relevant local authority, the most important of which are: that the allocated areas be far from residential areas and other agricultural areas, and that they be fenced, monitored, and protected from unauthorized access, as workers in these areas are subject to security approvals and permits. It is also necessary to specify that these areas are prohibited agricultural areas and meet the security conditions and controls set by the Industrial Hemp Cultivation Activity Licensing Committee headed by the National Drug Control Agency, in addition to any other requirements. Determined by the relevant local authority.

The decree law prohibits those licensed to practice the activity of cultivating industrial hemp, sowing seeds or planting seedlings of industrial hemp in habitats and natural reserves.

The disposal of industrial hemp seeds and seedlings is regulated according to contracts concluded after the approval of the licensing authority and the relevant local authority. It is prohibited to dispose of industrial hemp seeds and seedlings to those who are not licensed to practice the activities specified in the decree law. It is also prohibited to transfer industrial hemp seeds and seedlings without obtaining approval from the relevant local authority. In the event of transportation to more than one of the emirates of the country, the approval of all relevant local authorities in each emirate must be obtained.

The decree law prohibits practicing the activity of manufacturing industrial hemp products without obtaining a license from the relevant local authority after the approval of the Ministry of Industry and Advanced Technology. Among the most important licensing controls and conditions are: the obligation to obtain the necessary permits or licenses from the relevant authorities in accordance with the applicable legislation before starting manufacturing or operating operations, and that the industrial hemp products to be manufactured are among the list of approved products and uses, and the existence of an approved quality management system and a system for electronic documentation of each production batch and linking it with the national system for tracking cannabis seeds, seedlings, and products. Industrial, and the presence of separate areas in the factory for receiving raw materials, manufacturing, packaging, storage, waste, and shipping in accordance with technical requirements and standards.

Commitments

The decree law also specifies obligations for those licensed to manufacture industrial hemp products, the most important of which are: refraining from using any materials that may lead to an increase in the concentration of tetrahydrocannabinol (THC) to (0.3%), adhering to the controls and requirements for the conversion and manufacture of industrial hemp and the list of inputs that may be used in the conversion and manufacturing processes, technical standards and standard specifications related to quality control and safety, refraining from trading compounds extracted from industrial hemp within the country with unauthorized persons, and conducting examinations. Periodic inspection of raw materials and finished products, to ensure that the concentration of tetrahydrocannabinol (THC) does not exceed (0.3%), and to inform the licensing authority and the National Drug Control Agency of any exceedance in order to initiate seizure procedures.

It also regulated the trading of industrial hemp products in any form of commercial promotion, and required the licensee, when trading any product containing industrial hemp compounds, to provide labels showing the product data.

It is also permissible, after the approval of the licensing authority, not to destroy seeds, seedlings, or products of industrial hemp, and to benefit from them in research or scientific studies, in accordance with the controls and conditions specified by the executive regulations of the law, ensuring complete control and not using them for purposes other than the authorized ones.

The decree law specifies conditions for the license applicant and general obligations for licensees, the most important of which are: adherence to licensing requirements and controls and the legislation in force in the country, not sublicensing others to practice any of the licensed activities, and not submitting any false or misleading information, data, or documents to the licensing authority, other concerned authorities, or law enforcement authorities. Among the most important conditions for the license applicant – who is the owner or partner of the agricultural company, commercial company, nursery, or factory – is that he must have completed 21 years of age, He must have full legal capacity, be of good conduct, and have not previously been convicted of a felony or a freedom-restricting penalty for a misdemeanor prejudicial to honor or trust unless his reputation has been restored, and he must have obtained the necessary approvals from the relevant authorities.

The Decree Law also requires licensees to maintain regular records showing the type and size of licensed activities and the date of their implementation for a period of no less than five years.

National databases

The Decree-Law regulates the establishment of the national system for tracking seeds, seedlings, and products of industrial hemp, and determines by a decision of the Council of Ministers the entity that establishes it, the sources of data and information that are stored in it, the procedures for its management, use, and circulation, the groups and entities targeted by making the system available to them, and the mechanisms for linking this system with other relevant national tracking systems.

It also stipulates that the Ministry of Climate Change and Environment shall establish a unified electronic registry, in which all data and information relating to licensees, the type of activity related to industrial hemp, and other data and information are recorded, and it specifies the federal, local and other entities to which the registry will be made available and their obligations to register data in it and update it periodically.