This is a harmonizing bill, while according to the Minister of Agriculture Nikos Kougialis, there will be strict control over the cultivation and marketing licenses.
The bill states that "industrial hemp" means whole plants or parts of plants, raw or processed, of the genus Cannabis sativa, with a tetrahydrocannabinol (THC) content not exceeding 0,2%, and seeds derived from a variety of industrial hemp. with a tetrahydrocannabinol (THC) content not exceeding 0,2%. By way of derogation, cannabis produced in accordance with the provisions of this law and found with a content of up to 0,3% is considered industrial cannabis, but may not be marketed.
Production obligations
After sowing, the licensed producer submits to the Competent Authority complete data and all the information required for the identification of the parcels sown with industrial hemp. Submit data on the quantities of seeds used (kg per decare). Only seeds of the varieties included in the "Common list of cultivated plant varieties" in accordance with Article 17 of Council Directive 2002/53 / EC on 15 March may be used for the production of hemp. Only certified seeds may be used. Harvesting of industrial hemp may be carried out only after the commencement of flowering with a permit from the Competent Authority in accordance with the provisions of Article 45 (4) of Commission Implementing Regulation (EU) No 809/2014.
Liabilities related to marketing
Hemp seeds falling within CN code 1207 99 91 other than for sowing shall be imported or marketed only by authorized importers in accordance with this Law. Seeds that are not intended for sowing are marketed as it is shown that they cannot be used for sowing due to the special treatment they have received. The germination of cannabis seeds not intended for sowing must not exceed 4%.
In the event that after a laboratory test a non-compliance of a specific batch with the above condition is found, the holder may, after approval by the Competent Authority, destroy it in the presence of the Competent Authority, process the specific batch for vegetation destruction, or re-export in case import. All costs are borne by the holder of industrial hemp seeds. Hemp seeds must come from varieties with a THC content of less than 0,2%. Industrial hemp seeds must be accompanied by proof that the tetrahydrocannabinol (THC) content of the variety does not exceed 0,2%.
Obligations related to processing
To keep the information regarding the production or import or purchase of industrial hemp as defined in this Annex for 2 years. Processor of industrial hemp and its products proves by submitting a contract, the supply of industrial hemp from a licensed producer. In the case of imports from a third country or in the case of trafficking, processors must provide the competent authority with the appropriate information to prove that it is a variety of industrial hemp.
Storage obligations
In case of import from a third country or in case of trafficking, they must provide the Competent Authority with the appropriate information, proving that it is a variety of industrial hemp. A person responsible for the management of industrial cannabis will be appointed. A register of inputs and outputs from the warehouse will be kept for each batch. Each batch should be kept separate. Appropriate precautions will be taken to prevent unauthorized persons from entering the warehouse from the licensed producer and / or supplier of industrial hemp. It is forbidden to store industrial hemp in homes. Will submit a plan and description of the warehouse.
Conditions for granting a producer license
The person applying for a permit in accordance with subsection (2) of Article 4 must also submit a certificate for a White Criminal Record. In case of a legal entity, a person responsible for the provisions of this Law should be appointed under the same conditions. The submission of the application states the intention for the way of disposal and each use of industrial cannabis. Future changes in use must be reported to the competent authority prior to disposal. Declaration of storage space and submission of data on the form, quantity and origin of industrial hemp. In the case of industrial hemp production intent it provides all the information needed to identify the parcels to be used for hemp production, as well as an indication of the seed varieties to be used.
Any change must be notified before sowing or before applying for public aid, which precedes the competent Authority. For each parcel that will be used for the production of industrial hemp, the applicant pays a fee for conducting laboratory analyzes at the same time as the declaration of production intention. Prior to the issuance of the permit, the competent Authority examines that the statements and information provided by the applicant comply with the requirements of this Law.
Offenses and penalties
Any person who produces, sells or exhibits for sale or sells free of charge or processes or possesses industrial hemp, knowing that he does not comply with the provisions of this law, or obstructs any inspector or person acting on behalf of the competent Authority in the performance of his duties, or produces or processes or trades industrial hemp or its products without authorization, or facilitates a third party to violate the provisions of the Law, or conceals, destroys, falsifies any book or document or register, or violates any mandatory or prohibitive provision of the Regulations or Decrees issued under this Law or Community Regulations or Decisions, or violates or fails to comply with any provision of this Law, is guilty of an offense and is subject, in the event of conviction, to a fine of not more than fifty thousand euros or to imprisonment not exceeding two years or both, or in case of a second or subsequent conviction to a fine not exceeding 100 thousand euros or to five years imprisonment and / or both sentences. The trial court may, in addition to any penalty, order the confiscation or destruction at the expense of the grower or supplier of industrial cannabis, in relation to which criminal proceedings have been instituted.