Now, companies can begin crafting their strategies to navigate what are, quite possibly, the world’s strictest THC regulations. Welcome to the fun!
In May 2024, Japan officially opened up a public comment period on draft legislation aimed at regulating its blossoming cannabis and CBD industries. After all, it’s not every day you get to overhaul a law that’s been gathering dust for 75 years—Japan’s Cannabis Control Act was in serious need of a makeover.
Although the Ministry of Health, Labour, and Welfare (MHLW) made some tweaks to the initially proposed THC limits, they remain so strict that even a magnifying glass would struggle to spot the THC. Dr. Yuji Masataka, Japan’s first medical cannabis specialist, warned that these razor-thin limits could have a hefty impact on the industry. And let’s just say, he wasn’t being dramatic.
A Brief Recap:
Japan made headlines last year when it approved a bill to amend its 75-year-old Cannabis Control Act. The bill passed in November 2023, and by May 2024, the public was invited to weigh in on the THC limits for CBD products. Spoiler alert: the public had plenty to say.
The original proposals for THC levels were so tight that many feared the CBD market would be dominated by isolate products, wiping out the so-called “entourage effect” (basically, the synergy between CBD and other cannabis compounds). Dr. Masataka chimed in, predicting, “parallel imports of products would be difficult, potentially keeping CBD product prices high.” In other words, good luck getting affordable CBD in Japan.
He also warned, “Stricter THC standards will homogenise products, leading to the loss of the entourage effect.” So, say goodbye to variety and hello to a sea of similar products.
The Numbers:
Let’s break down those proposed limits:
- Oil (10mg/kg = 0.001% = 10ppm)
- Beverages (0.10mg/kg = 0.00001% = 0.1ppm)
- Other foods (1mg/kg = 0.0001% = 1ppm)
After receiving a deluge of public feedback (likely ranging from polite Japanese concern to full-on panic), the government decided to adjust the draft limits. Slightly. Now, the revised guidelines look like this:
- Oil/Powder: 10mg/kg (unchanged)
- Aqueous solutions: 0.10mg/kg (also unchanged)
- Other foods: 1mg/kg (again, unchanged)
Wait, what? Yes, despite all the uproar, the limits remain the same, except for one slight victory: the threshold for raw materials, like isolate powder, has been bumped up from 1ppm to 10ppm. Dr. Masataka optimistically calls this a “significant step in the right direction,” but it’s still the strictest limit in the world. So, “progress,” but at a snail’s pace.
Despite the tweaks, serious issues remain. With such minuscule THC amounts allowed, there are concerns about whether current testing labs can even detect them without splurging on fancy equipment like High-Performance Liquid Chromatography (HPLC) and a Mass Spectrometer. Dr. Masataka notes that this “complicates the process and leads to increased costs,” which, you guessed it, will likely jack up product prices. All for a tiny amount of THC that poses zero health risks.
Broad-spectrum and vape products? Yeah, they’re in for a tough ride. Complying with these rules will be like fitting a square peg in a round hole, pushing manufacturers toward isolate or synthetic CBD. Unfortunately, this could reduce the overall effectiveness of CBD products and stunt market growth.
Adding insult to injury, such tight regulations could drive the rise of synthetic cannabinoid products, which, while technically THC-free, can still pack a punch. Dr. Masataka wryly observes that this could end up being a “self-inflicted” problem by the MHLW. Oops.
And as if the testing hurdles weren’t enough, there’s a real risk of fraudulent product certificates cropping up—because let’s be honest, it’s practically impossible for the government to spot-check everything on the market. So, we may end up with regulations that sound good on paper but don’t work in practice.
Meanwhile, patients who rely on CBD for health reasons aren’t taking this lying down. A petition calling for a review of the new rules has already gathered over 35,000 signatures, proving that Japan’s CBD community is anything but mellow about the whole situation.
Photo by PJ66431470 from Getty Images