Hemp cultivation (FOI)

Request

I would like to know all the information you are able to release regarding the hemp currently being grown in Jersey. Everything from handshakes and signatures to harvest and the final product. As we know Jersey currently has a zero tolerance policy on THC, all cannabis including hemp contains some level of THC, it will not be zero. With that said, how are these products legal to sell, legal to transport both on and off island and legal to possess here in Jersey?

I understand I need to add a timeline or better define what I'm looking for to help get the request for information under the 12.5 hours as set out in the regulations,

I still want to know as much as possible about the cannabis/hemp cultivation currently being undertaken in Jersey and would appreciate learning as much as you are able to share within the guidelines.

For example:

• starting with Jersey Hemp, when was the company set up

• when did they apply for consent, land, licence and so on

• who did these requests go to and who signed / authorised them

• has the cannabis / hemp they grow been tested for its cannabinoid profile

• will it be regularly tested moving forward

• with the zero tolerance policy Jersey has on THC, and knowing all cannabis / hemp includes some level of THC how are they allowed to grow, produce, harvest, process and sell these products

• with the zero THC policy, how are the public allowed to own / use these products (which will contain some level of THC) without breaking the law

Response

Only industrial hemp is grown in Jersey. Industrial hemp can only be grown from EU approved seed varieties which are known to product low concentrations of THC (less than 0.2%).

Jersey Hemp first applied for a licence to cultivate industrial hemp on a limited trial crop basis in March 2017. A licence for one growing season only was subsequently granted by the Minister for Health and Social Services on 27 April 2017

Following the successful trial a further application for a licence to cultivate industrial hemp more widely was received from Jersey Hemp in April 2018. A licence covering three growing seasons was subsequently granted by the Minister on 16 May 2018.

The conditions attached to the licence are reproduced below

a. The licensee shall cultivate only ‘EU approved’ varieties of low THC Cannabis Sativa (hemp) and is only valid for the purposes of cultivating industrial hemp for a defined commercial ‘end use’ as stated in the licence application.

b. The licensee shall only cultivate within the extent of the land stated in the application. Any amendments to growing locations shall be immediately notified to the Chief Pharmacist in writing.

c. The licensee must take reasonable precautions to safeguard theft or loss of the crop and can appoint a responsible individual to manage the cultivation of the crop. Thefts or losses must be notified immediately to the Police and the Chief Pharmacist in writing.

d. After harvesting all controlled parts of the plant are to be retted at the licensed location or otherwise lawfully disposed of.

e. Officers authorised by the Minister for Health and Social Services may enter and inspect any location that any activity related to the cultivation and/or processing of any materials is undertaken and may take samples for the purposes of analysis at any point during the cultivation, processing or production of any product produced from the crops.

f. This licence is only valid until the expiry date above, must be retained for inspection and may be revoked at any time by the Minister for Health and Social Services.

g. Expired licences cannot be extended. Licensees are responsible for submitting a valid application for a further licence, before the expiry date of this licence, in order to preserve the conditions of the licence whilst a decision is pending on a further licence.

h. Annual grower statement must be submitted to the Chief Pharmacist before 31st March each year in order to maintain the validity of this licence.

i. Contravention of any provisions of the Medicines (Jersey) Law 1995 or the Misuse of Drugs (Jersey) Law 1978 may lead to the licence being cancelled with immediate effect.

Only the non-controlled parts of the plant can be used in the production of any products.

This means that only the seeds and the fibre can be used once separated from the whole plant. It is unlawful to be in possession of, or to use, the flowers or the leaves in any way and these must be destroyed on harvesting of the plants. It is the flowers particularly, and to a lesser degree the leaves, which contain high concentrations of cannabinoids. As only EU approved seed varieties grown and only the non-controlled parts of the plant are used, there is no routine testing for cannabinoid content.

There is a difference between hemp oil which is produced from pressing the seeds and CBD oil which is produced from the flowers of the plant and which would contain some THC as well (albeit less than 0.2%). The production of hemp oil from the pressing of seeds (a non-controlled part of the plant) is not unlawful whereas the production of CBD oil from the flowers would be. Jersey Hemp do not produce CBD oil from the flowers.

Products produced from the seeds or fibre of industrial hemp are not controlled and therefore are legal to sell, transport and possess. The only exception to this is if the products are medicinal products subject to control under medicines legislation. Products produced by Jersey Hemp include, amongst others, the production of hemp culinary oil, hemp flour, hemp based massage oil and skin cream, hempcrete and hemp bricks for use in the construction industry, paper, rope, animal bedding and animal feed.

Following an internal review the following additional information was provided to the applicant:

1. Starting with Jersey Hemp, when was the company set up?

This information is not held by the States of Jersey. However, company registrations are publically available via the JFSC Companies Registry. Jersey Hemp Processing is recorded as registering the business name on 30 December 2016.

2. When did they apply for consent, land, licence etc?

Jersey Hemp first applied for a licence to cultivate industrial hemp on a limited trial crop basis in March 2017. A licence for one growing season only was subsequently granted on 27 April 2017

3. Who did these requests go to and who signed/authorised them?

Jersey Hemp applied to the Minister for Health and Social Services. The Minister signed the licence to cultivate on 27 April 2017.

4. Has the cannabis/hemp they grow been tested for its cannabinoid profile?

The licence does not require Jersey Hemp to submit this information to the Chief Pharmacist. Therefore this information is not held.

5. Will it be regularly tested moving forward?

The licence does not require regular testing as only approved EU varieties are permitted to be grown. See excerpt below:

a. The licensee shall cultivate only ‘EU approved’ varieties of low THC Cannabis Sativa (hemp) and is only valid for the purposes of cultivating industrial hemp for a defined commercial ‘end use’ as stated in the licence application.”

6. With the zero tolerance policy Jersey has on THC, and knowing all cannabis/hemp includes some level of THC how are they allowed to grow, produce, harvest, process and sell these products?

The States of Jersey does not have a policy on THC. Cultivation and use of cannabis/hemp is governed by legislation under the Misuse of Drugs (Jersey) Law 1978.

This Law is publically available on the jerseylaw.je website.

7. And finally with the zero THC policy, how are the public allowed to own/use these products (which will contain some level of THC) without breaking the law?

The States of Jersey does not have a policy on THC. Possession and use of cannabis/hemp products is governed by legislation under the Misuse of Drugs (Jersey) Law 1978.

This Law is publically available on the jerseylaw.je website.