On November 10th, the Health and Welfare Committee of the House of Representatives approved the “Bill to Amend the Cannabis Control Act and Partially Amend the Narcotics and Psychotropics Control Act” by a majority vote. The Japanese government had decided on this bill in a cabinet meeting last month and made it public online. During the committee deliberations, no amendments were made, and the original bill was approved as is.
This bill aims to facilitate the industrial use of hemp and the application of formulated pharmaceuticals derived from hemp. Additionally, it introduces a new offense, the “cannabis use crime,” previously nonexistent, to prevent the misuse of cannabis. Licenses for the collection of hemp seeds and fibers, known as “Type 1 Hemp Collection and Cultivation Permits,” must be obtained from the governors of prefectures where cultivation takes place. For the collection of pharmaceutical ingredients (including cannabinoids such as CBD), known as “Type 2 Hemp Collection and Cultivation Permits,” and for hemp research purposes, the “Hemp Research Cultivation Permit,” licenses must be obtained from the Minister of Health, Labour and Welfare.
While opening doors to the industrial and pharmaceutical use of hemp, the bill categorizes the illegal substance “cannabis” as a “narcotic” under the “Narcotics and Psychotropics Control Act.” This means that cannabis, like other illegal drugs, can now result in imprisonment for up to seven years if discovered in cases of use, possession, transfer, or receipt. Under the amended law, the definition of illegal “cannabis” shifts from the previous “part restriction,” which considered all parts of the hemp plant except for stems and seeds illegal, to a “component restriction” based on the content of the psychoactive component THC. In essence, cannabis considered illegal in Japan will now be defined as hemp plants or products containing a certain amount of THC. However, products resembling hemp plants, even with THC below the specified limit, are generally not accepted (for example, the circulation of CBD flower products is prohibited). This change enables the domestic production of CBD products, which was practically impossible before.
Furthermore, the amendment removes Article 4 of the Cannabis Control Act, allowing the utilization of pharmaceuticals derived from hemp, which were previously prohibited. The THC limit is yet to be defined and is expected to be determined by a government ordinance within one year of the law’s enforcement.
Unveiling the CBD Industry
In a groundbreaking shift, Japan’s regulations on cannabis are transitioning from “part restrictions” to a “component-based regulation,” specifically focusing on THC. This transformation is unlocking the potential for domestic CBD production and heralding a significant expansion in industrial applications. Moreover, this regulatory evolution raises the possibility of major corporations, previously hesitant, entering the CBD market.
Post-legal amendments, CBD companies would face the responsibility of conducting rigorous testing to validate that THC content in their products falls below specified limits. The director at the Ministry of Health, Labour and Welfare, Katsufumi Jo emphasizes the need for a unified national testing protocol for THC residue in CBD products, which will be formally disclosed. The testing approach for food products aligns with existing registered hygiene institutions, necessitating a narcotics researcher license.
He dispels the notion of a registration or designation system for testing institutions, suggesting a potential collaboration with overseas entities capable of implementing government-specified testing methods. While considering international benchmarks for THC limit standards, the plan includes soliciting extensive opinions from CBD businesses through public comments.
According to him, CBD companies can seek judgments from the Ministry of Health regarding the classification of their products as food by applying. However, this determination places weight on foreign food experiences, with the Ministry of Health acknowledging the overseas circulation of CBD as food.
Expanding into cosmetics, CBD products, including those in the realm of skincare, exist. Yet, the distribution of cosmetics containing pharmaceutical ingredients is strictly prohibited under cosmetics standards. Director Jo assures that post-amendment, an immediate cessation of CBD-infused cosmetic distribution is not in the cards. However, if Epidiolex receives pharmaceutical approval in the future, limitations on CBD content in cosmetics will be imposed. This would position them within a positive list framework, allowing circulation in the market under specific conditions.
In his responses, he underscores that businesses excessively promoting the effects and efficacy of CBD will remain under regulatory scrutiny, maintaining the regulatory stance that has been in place. The evolving landscape reflects a dynamic intersection of regulations and industry, shaping the future of CBD in Japan.
urthermore, this revision includes the establishment of a cannabis usage offense. Minister of Health, Keizo Takumi, stated, “Currently, Japan is in a period of cannabis abuse,” emphasizing the intention to strengthen primary prevention of cannabis abuse by introducing the offense of cannabis usage.
Reference: The Japan Times「Bill to legalize cannabis-derived drugs clears Japan’s Lower House」、ASA Magazine「衆院厚労委、大麻法改正法案を可決」
