Vastus pöördumisele

Dear Olga Wachełko

Thank you for your questions. We are happy to help and provide you with an overview of the cannabis legal framework in Estonia. You can find our response in the letter below.

Let me know if you need anything else!

Sincerely,

Triinu Margens

Estonian State Agency of Medicines

Department of Supervision

Specialist

Tel 737 4140

[email protected]

Nooruse 1

50411 Tartu

www.ravimiamet.ee 

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Dear Competent Authorities,

We are contacting you as your institution is listed among the Competent National Authorities under the International Drug Control Treaties (UNODC, 2024).

As part of the legislative work currently being undertaken in our country, we are conducting a comparative analysis of regulatory frameworks applicable to medical cannabis in other countries. In this context, we would highly appreciate your assistance in clarifying the legal framework in force in your country.

In particular, we would be grateful for information on the following issues:

1. Which operators are authorised to cultivate cannabis for medical purposes? May such authorisation be granted to both public and private sector entities, and under what general conditions?

According to our Act on Narcotic Drugs and Psychotropic Substances and Precursors thereof, cultivation of cannabis for the purpose of preparing narcotic drugs is prohibited in Estonia, and the schedules of narcotic drugs and psychotropic substances are being established by a regulation of the Minister of Social Affairs. The cannabis plant (excl. the varieties listed in the common catalogue of varieties of agricultural plant species, in which tetrahydrocannabinol content does not exceed 0,3%) and cannabis resin, extracts and tinctures, tetrahydrocannabinol (THC) and hexahydrocannabinol (HHC) are classified as narcotic drugs under Schedule 1 of Narcotic Drugs and Psychotropic Substances in Estonian legislation.

So the cultivation of cannabis for the purpose of producing a narcotic substance, including for medical use, is prohibited in Estonia.

The cultivation of hemp is regulated only within the framework of Common Agricultural Policy (CAP) with direct payments. But this does not mean that hemp can only be grown if direct payment is applied for, hemp can be grown also without applying for direct payment, as long as it listed in common catalogue of varieties of agricultural plant species and the THC content does not exceed 0,3%. We apply all the requirements and obligations of the European Union, thus, we do not have separately nationally regulated production, trade and use of different parts of the hemp.

2. Which government authority is competent to grant licences or permits for the cultivation of cannabis (other than industrial hemp)? Additionally, which authority is responsible for supervising and verifying compliance of the cultivation with the relevant legal requirements? Furthermore, is oversight of the entire process (including the distribution of medical cannabis to pharmacies or hospitals) entrusted to a single supervisory authority, or is responsibility divided among different institutions?

The State Agency of Medicines supervises and issues permits for medicinal products. The Estonian supervisory authority for agriculture and plant production is Agriculture and Food Board. Other than industrial hemp cultivation is prohibited.

3. What is the maximum permissible content of THC and THC-A in preparations and products derived from industrial hemp in order for them to remain lawful under the applicable legislation? Furthermore, is home cultivation for personal use permitted under national law?

Cultivation of industrial hemp (EU-approved varieties with ≤0.3% THC) is legal, but only within the agricultural regulatory framework. Home cultivation for personal use is illegal. llegal cultivation of cannabis can lead to fines or criminal penalties.

Thank you in advance for your cooperation. We look forward to your response.

Sincerely,