EU Council backs hemp flowers and leaves in farm rules, national limits stay
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On 19 October 2026, the Council of the European Union agreed its negotiating position on the EU rules for agricultural markets. The draft would cover every part of the hemp plant, flowers and leaves included, not only fibre and seed. It is a negotiating position, not yet law.
What the Council agreed
The Council follows the European Commission’s proposal to harmonise production and marketing rules for hemp, which it says would address differences between national rules (Council of the EU). Hemp would get its own section in the market rules, and that section covers all parts of the plant. Hemp Today reports that the text backs common rules recognising the entire industrial hemp plant as an agricultural commodity, including flowers and leaves (Hemp Today).
The conditions in the draft
Under the draft, a hemp variety must be registered in the EU common catalogue, the seed must be certified under Directive 2002/57/EC, and the Delta-9 THC content must not exceed 0.3%. The same conditions apply to production and to marketing (Hanf Magazin).
0.3%
Where national rules still apply
A safeguard clause in the same text lets member states keep their own rules on public health, public safety and drugs (Council of the EU). Hemp Today’s headline puts it plainly: national restrictions could prevail (Hemp Today). Hanf Magazin points to Germany’s intoxication clause in its cannabis law as an example of a national rule the clause leaves room for (Hanf Magazin).
What happens next
The Council position is the starting point for talks with the European Parliament. The Irish Presidency of the Council is expected to open those talks (Council of the EU). Until a final text is agreed, current rules keep applying.
- Council adopts its negotiating position (19 October 2026)
- Talks with the European Parliament follow
- Until a final text is agreed, current rules keep applying
For a related case, a court in Ireland is asked whether EU law allows low-THC hemp to be classed as a controlled drug. Read our report on the Irish High Court challenge.
What this means for readers
This is news, not legal advice. Hemp rules differ between EU countries, and a product that is lawful in one country can be restricted in another. Check the rules where you live.
