On 19 October, the Council of the EU approved its negotiating position on the reform of the common organisation of agricultural markets (CMO). It keeps the Commission’s proposal to harmonise hemp production and marketing, so that the sector covers all parts of the plant, flowers and leaves included. That was the missing step before final negotiations with the European Parliament can begin.
What the Council approved
According to the Council’s official press release, the aim is to remove discrepancies between national rules and guarantee a level playing field across the EU. Harmonisation comes with two fixed conditions: strict seed certification and a maximum Δ9-THC threshold of 0.3%, the same level that already applies to authorised varieties today.
The text sits within the next multiannual financial framework, 2028-2034. The Commission tabled its proposal to revise the CMO on 16 July 2025, and the Council describes its position as “partial” because it leaves out financial and horizontal issues, which are being negotiated alongside the EU’s overall budget.
What does not change
The Council added safeguards so that the new rules do not interfere with national regulations on public security, drugs or health. Put simply, making the flower an agricultural product under EU law does not suddenly legalise every hemp-derived product in all 27 member states.
That clause matters, because some countries take a very restrictive line. Ireland treats any product containing THC as a controlled drug, whatever its concentration, and its sector has shrunk to 11 registered hectares in 2026, down from 314 in 2019, according to Business of Cannabis. In Italy, flower sales remain blocked while its Constitutional Court and the EU Court of Justice deal with pending cases.
The THC limit, the fight still to come
Trilogues between the Council, Parliament and Commission now begin. The Parliament’s Agriculture Committee backed an amendment explicitly including flowers in September 2025, and some MEPs want the threshold raised to 0.5% THC. The Council, by contrast, sticks to the 0.3% in the original proposal. The final figure will come out of those talks and will decide which varieties and harvests can be marketed.
What it means for business
- Hemp growers: the flower would become a recognised part of the crop, giving a legal basis to sell it rather than treat it as waste. Certified seed and THC control will be non-negotiable.
- Distributors and exporters: a common rule lowers the risk of moving flower between countries, but national exceptions will remain. Each market still needs its own review.
- Extract and derivative makers: agricultural recognition of the raw material does not on its own settle the status of each finished product, which still depends on novel food rules and national health law.
- Investors: the timetable is tied to the 2028-2034 budget. Plan for the long term and do not assume a date of entry into force.
European hemp, in Bilbao
By the time Spannabis B2B Bilbao 2027 opens on 11 March in the VIP Hall at BEC, the CMO trilogues will be under way and the 0.3% versus 0.5% debate will still be open. If your company grows, processes or distributes hemp, get your ticket or book a B2B table to meet the people already planning for a harmonised European market.