New THC limits in hemp infusions: what producers and importers must do in 2026

Key data

If you produce, import or sell hemp infusions in Europe, this regulation directly affects you. Regulation (EU) 2026/1828, published on 29 July 2026, amends Regulation (EU) 2023/915 to incorporate maximum limits of delta-9-tetrahydrocannabinol (Δ9-THC) specific to two product categories that until now lacked their own thresholds: hemp leaves for infusion in water and infusions of hemp leaves already prepared.

The market for hemp infusions has grown strongly in recent years throughout the EU. The absence of specific limits created legal uncertainty for both operators and control authorities. This regulation closes that gap and requires a review of the analysis and quality control processes throughout the entire chain.

What does this regulation establish?

Regulation (EU) 2026/1828 amends Regulation (EU) 2023/915, which is the EU's general framework for maximum limits of contaminants in food. The amendment consists of adding maximum limits of Δ9-THC applicable specifically to:

• Hemp leaves intended for infusion in water (dry product, before preparation)
• Infusions of hemp leaves already prepared (ready-to-drink beverage or liquid product resulting from infusion)

Before this regulation, Regulation (EU) 2023/915 did not contemplate specific limits for these two product categories, which created a regulatory gap. With the new amendment, both categories are integrated into the EU's general framework for contaminants in food.

Important note: The published regulation establishes that specific maximum limits are set, but the concrete numerical values of those thresholds are not detailed in the available summary. To find out the exact values, consult the full text in the official source of the EU Official Journal.

Economic and operational impact

The impact of this regulation is not only legal: it has direct consequences on the operating costs and commercial risk of any company in the sector.

• Analysis costs: Companies will need to perform or commission Δ9-THC analytics on their products before commercializing them. If they did not have this control systematically in place, they will need to incorporate it into their batch validation process.
• Product withdrawal risk: Non-compliance with the new limits may result in product withdrawal from the market, with the economic and reputational cost that entails: stock destruction, management of food alerts and possible customer claims.
• Administrative sanctions: Non-compliance may also result in administrative sanctions, the amount of which will depend on the national legislation of each Member State that transposes and applies the regulation.
• Supplier review: Importers and distributors will need to require their suppliers to provide updated analytical certificates that prove compliance with the new limits.
• Update of technical sheets and labeling: It may be necessary to review the technical documentation of the products to reflect compliance with the new regulatory framework.

Who does it affect?

• Producers of hemp leaves intended for infusion (farmers, processors and packagers)
• Manufacturers of hemp infusions (companies that produce tea bags, bulk or ready-to-drink beverages)
• Importers of hemp leaves or infusions from third countries destined for the European market
• Distributors and marketers that place these products on the EU market (wholesalers, specialized shops, e-commerce platforms)
• Quality and regulatory compliance managers (Quality Managers, Regulatory Affairs) of food companies with hemp product lines
• Advisors and consultants that serve companies in the infusions or hemp-derived products sector

Practical example

A Spanish company that imports bulk hemp leaves from a European supplier and packages them as infusions under its own brand must act on two fronts:

1. Before receiving the next batch: Request from the supplier an analytical certificate of Δ9-THC that proves that the product complies with the new limits established by Regulation (EU) 2026/1828.
2. Before commercializing: If the company carries out its own internal quality control, it must ensure that the analysis protocol includes the determination of Δ9-THC and that the results are compared with the thresholds of the new regulation.

If the company was already commercializing this product before the regulation came into force and does not have updated analytics, it runs the risk that an inspection by the competent authority will detect non-compliance and order the batch to be withdrawn from the market. The cost of a withdrawal (logistics, destruction, alert management) can far exceed the cost of a preventive analysis.

What should companies do now?

1. Consult the full text of Regulation (EU) 2026/1828 to find out the exact numerical values of the maximum Δ9-THC limits set for each product category.
2. Review current quality controls and verify whether analysis protocols include the determination of Δ9-THC in hemp leaves for infusion and in prepared infusions.
3. Request updated analytics from suppliers that prove compliance with the new thresholds before accepting new batches.
4. Audit existing stock: if there is product in storage pending commercialization, verify that it complies with the new limits before putting it up for sale.
5. Update technical documentation of the products (technical sheets, purchase specifications) to reflect the new regulatory requirements.
6. Inform the sales team and purchasing department about the new requirements, so they can communicate them to customers and suppliers respectively.
7. Consult with a specialist advisor in food regulations if there are doubts about the specific application of the limits or about the obligations arising in each Member State.

Official source

Consult complete regulation in official source

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=OJ:L_202601828