On 17 May 2021, the Ministry of Public Health (MOPH) issued several notifications to prescribe the criteria and requirements in relation to the use of cannabis and hemp in cosmetics, including the permitted parts of the cannabis and hemp plant and extracts, the permitted level of THC and the permitted CBD, and applicable labelling and warning requirements. These notifications became effective on 18 May 2021.
In essence, cosmetics containing cannabis or hemp parts as an ingredient must comply with the following key requirements:
- In general, parts of cannabis and hemp that are no longer considered as narcotics can be used, provided that they must be dry parts and used for the purpose of cosmetics.
- The notifications specify the types of cosmetics that these cannabis and hemp parts can be used to manufacture, as well as the level of permitted THC. For cosmetics containing CBD extracts from cannabis or hemp as an ingredient, the use of synthetic cannabidiol is not allowed.
- Importation of cannabis and hemp parts as raw materials or cosmetics containing cannabis and hemp parts for the purpose of cosmetics is not allowed.
- Manufacturers (including contract manufacturers) of the above cosmetics must provide cosmetics labels and warnings, including those relating to potential health risks and the substances used in the cosmetics as specified in relevant notifications, as well as the level of CBD by weight, as applicable.
For more information, please contact our team at Baker McKenzie.