Key Takeaways
- EU Regulation 2026/1828, effective January 1, 2027, sets THC limits for hemp tea and mandates labeling requirements.
- Maximum THC levels for dry hemp leaves intended for infusion are 40 mg/kg; for ready-to-drink products, it’s 0.02 mg/kg.
- Producers must test products for THC compliance and include specific warning labels about usage and ingredients.
- Member States can still impose stricter rules on hemp tea, meaning compliance does not guarantee market access.
- Products on the market before the regulation can be sold until their use-by dates without immediate changes.
Hemp tea has existed in legal gray zones across Europe for years. Farmers grew it. Cafes served it. Retailers packaged it. And regulators mostly looked the other way while the product sat in a compliance no-man’s-land. That ends now.
Commission Regulation (EU) 2026/1828 entered into force across all EU Member States last week. Signed at Brussels on July 28, 2026, by Commission President Ursula von der Leyen and published in the Official Journal of the European Union on July 29, 2026, this is not guidance. It is not a recommendation. It is a directly applicable regulation, binding in its entirety, covering hemp leaves intended for water infusion and ready-to-drink hemp leaf infusions, with a compliance deadline of January 1, 2027.
That gives hemp farmers, beverage brands, and retailers roughly five months to get their houses in order. Here is what the regulation actually says, why it matters, and what you need to do next.
What Does EU Regulation 2026/1828 Actually Regulate?
Regulation 2026/1828 amends Regulation (EU) 2023/915, which sets maximum contaminant levels across a wide range of foods. The new rule adds two entries to subsection 2.6 of Annex I, specifically the section governing delta-9-tetrahydrocannabinol (Δ9-THC) equivalents as plant toxins.
Point 2.6.4 covers dry hemp leaves sold for water infusion. Point 2.6.5 covers ready-to-drink hemp leaf infusions, including blended herbal drinks that are not exclusively hemp-based.
It is worth noting what this regulation does not cover. Hemp flowers, hemp seed products, and cannabis-derived extracts fall under separate rules. Regulation 2026/1828 applies specifically to the leaf, steeped or pre-infused, and nothing more. The European Commission also confirmed through its Novel Food status Catalogue that water infusion of hemp leaves, when not accompanied by flowering or fruiting tops, is not a novel food and does not require authorization under Regulation (EU) 2015/2283. That classification made it possible to regulate hemp tea through contaminant limits rather than through a novel food approval process.
What Are the Exact THC Limits Under EU Regulation 2026/1828?
The maximum level for dry hemp leaves intended for water infusion is 40 mg/kg, expressed as the sum of Δ9-THC and Δ9-THCA in Δ9-THC equivalents. For ready-to-drink hemp leaf infusions, the limit drops to 0.02 mg/kg.
The science behind those figures goes back several years. In 2015, the European Food Safety Authority (EFSA) CONTAM Panel established an acute reference dose (ARfD) of 1 microgram of Δ9-THC per kilogram of body weight. A follow-up EFSA scientific report published on January 7, 2020, found that the ARfD was exceeded in certain acute exposure estimates based on real-world occurrence data. That report, authored by Arcella, Cascio, and Mackay, directly informed the Commission’s decision to set binding limits for the hemp tea category.
The 40 mg/kg figure for dry leaves reflects the lipophilic nature of Δ9-THC and Δ9-THCA. These compounds do not migrate freely into water under normal steeping conditions. The ready-to-drink limit of 0.02 mg/kg is set much lower because the THC has already transferred into the liquid.
What Labeling Warnings Are Now Legally Required on Hemp Leaf Products?
The regulation mandates three specific warning statements that must appear in the principal field of vision of the label, in font size 11 minimum. These are not optional. They must read:
- “Only to be used for water infusion (preparation of a herbal infusion).”
- “Shall not be consumed by infants and young children.”
- “No fatty ingredients, such as cream or milk, shall be added during steeping.”
Each warning serves a distinct purpose. The first restricts the product’s declared use, preventing it from being marketed as a food ingredient to be eaten directly. The second addresses a protective health gap: the THC limits established by the regulation do not account for consumption by infants or young children, so the label must carry an explicit restriction. The third warning connects directly to the chemistry of the compound itself.
Why Does the Regulation Specifically Warn Against Adding Cream or Milk?
This detail catches a lot of people off guard, and it is one of the more scientifically grounded parts of the new rule. Δ9-THC and Δ9-THCA are lipophilic, meaning they bind to fat rather than water. Under standard steeping conditions, only a limited amount of THC migrates from the leaf into the water. The 40 mg/kg limit for dry leaves was calibrated with that limited migration in mind.
Add cream, whole milk, or any fatty ingredient to the cup during steeping, and the chemistry changes significantly. Fat in the liquid pulls far more Δ9-THC and Δ9-THCA out of the leaves, potentially pushing the infused beverage well above the 0.02 mg/kg limit for ready-to-drink products. The regulation addresses this by requiring producers to warn consumers against combining hemp tea with fat-based additives while the leaves are still steeping. Once steeping is complete and the leaves are removed, the regulation does not restrict what a consumer adds to their cup.
What Does This Mean for Hemp Farmers and Beverage Brands in Europe?
For producers who have been operating in the hemp tea space, Regulation 2026/1828 brings both structure and obligation. The structure is genuinely useful. Having a defined food-compliance category for hemp leaf infusion means producers can now approach retailers, food service buyers, and export markets with a clear legal framework behind their products.
The obligations are real, though. Producers must test every hemp leaf product destined for water infusion or sold as a ready-to-drink beverage against the new THC limits. Formulations that previously went untested now require analytical documentation. Brands will need to redesign labels to carry the three mandatory warnings in the correct location and font size. And for supply chains crossing Member State borders, businesses need to account for individual countries potentially imposing stricter national limits beyond what Regulation 2026/1828 requires.
Five months is a reasonable window for a single product, but for businesses managing multiple SKUs across several markets, January 1st will come fast.
Can EU Member States Still Block or Restrict Hemp Tea Sales?
Yes, and this is a critical point for anyone selling across borders. Regulation 2026/1828 sets a floor, not a ceiling. The Annex to the regulation explicitly states, in relation to both points 2.6.4 and 2.6.5, that the limits apply “without prejudice to more restrictive national rules in certain Member States on the placing on the market of hemp leaves” and ready-to-drink infusions.
That language means a Member State that currently restricts hemp tea sales based on national law can keep those restrictions in place. The EU regulation does not override or harmonize existing national bans or additional controls. A producer compliant with the 40 mg/kg limit at a federal level may still face a de facto sales prohibition in specific countries.
Businesses should audit each target market individually rather than assume that EU-level compliance automatically opens every door across the bloc.
What Is the Transitional Period for Products Already on the Market?
The regulation includes a transitional provision under Article 10(1) of the amended Regulation (EU) 2023/915. Products containing Δ9-THC that were legally on the market before January 1, 2027 can stay on shelves until they reach their minimum durability or use-by date. Manufacturers don’t need to pull these products or rush to reformulate them—as long as they entered the market legally before the application date, they can sell through naturally.
Products manufactured and labeled before the new rules apply can continue to sell through their shelf life without requiring immediate reformulation or relabeling. New production runs, however, must meet the 40 mg/kg and 0.02 mg/kg limits and carry the required warnings from January 1, 2027 onward.
What the Road Ahead Looks Like for Legal Hemp Tea in Europe
Regulation 2026/1828 is a meaningful step forward for hemp as a food category in Europe, and it is worth recognizing that. For years, the absence of specific rules created uncertainty that held back investment and market development. A directly applicable regulation with defined limits gives the industry something it did not have before: a clear legal foundation to build on.
At the same time, this regulation does not open a free market. It sets minimum conditions for the entire EU while preserving Member State authority to maintain tighter national controls. The patchwork will continue. Businesses that want to operate across multiple European markets will need ongoing regulatory tracking, not a one-time compliance review.
For hemp farmers growing Cannabis sativa for leaf production, beverage brands formulating herbal infusion products, and retailers stocking those products, the next five months present a real opportunity to get ahead of the January 1st deadline before enforcement kicks in. The regulation is in force. The clock is running.
Frequently Asked Questions
EU Regulation 2026/1828, adopted July 28, 2026, sets new delta-9-THC limits for hemp leaf products used in infusions. It updates Regulation 2023/915, took effect August 18, 2026, and becomes enforceable January 1, 2027.
Starting January 1, 2027, the EU caps dry hemp leaves sold for water infusion at 40 mg/kg of THC (measured as the sum of Δ9-THC and Δ9-THCA in Δ9-THC equivalents). For ready-to-drink hemp leaf infusions, that limit drops significantly to just 0.02 mg/kg.
Regulation 2026/1828 is specific to hemp leaves used for water infusion and ready-to-drink hemp leaf infusions. This regulation targets hemp leaves used for water infusion and ready-to-drink hemp leaf infusions only. Hemp flowers, CBD extracts, and hemp seed products fall outside its scope — each follows its own separate regulatory framework.
Hemp leaf products for water infusion must display three key warnings: use the product for water infusion only, do not serve to infants or young children, and avoid adding fatty ingredients like milk or cream while steeping.
Yes, EU Member States can still ban hemp tea sales. Regulation 2026/1828 allows countries to maintain stricter national rules, so producers should check the laws in each country they plan to sell in.
