Hemp-containing products may be within the scope of the Tobacco Act
Hemp-containing products that do not contain tetrahydrocannabinol (THC) or any other substance, product or plant listed in the Narcotics Act, may be within the scope of application of the Tobacco Act. The Tobacco Act is applied to a product if it cannot be identified to contain any THC using available measurement methods and it meets any of the definitions of products subject to the Tobacco Act.
Product bans and restrictions are determined according to which definition of the Tobacco Act the product meets. For example, plant-based products intended for smoking are subject to the obligation to list their ingredients, the ban on distance sales, and many other restrictions on unit packets. In addition, tobacco substitutes are subject to the display ban, marketing ban, age limits for sales, and the self-monitoring obligation. It should also be noted that a single product may meet several product definitions, and for example, a plant-based product intended for smoking is always also considered a tobacco substitute.
Economic operators must be familiar with relevant legislation
The National Supervisory Authority for Welfare and Health (Valvira) recommends economic operators that participate in product sales to familiarise themselves in detail with legal provisions on the notification obligation, sales, packaging and marketing applicable to tobacco and similar products. Economic operators should also note that the intended use of a product is assessed as a whole. In other words, the indicated intended use of a product may not necessarily determine the actual intended use, according to which the product is supervised.
Municipalities supervise product sales in their areas
Municipalities supervise sales of tobacco and similar products, as well as compliance with the marketing ban, in their areas. Municipal supervisory authorities should address hemp-containing products in planning future supervisory activities. For example, products resembling smoked cigarettes have previously been found to be on sale in brick-and-mortar stores and in conjunction with large cultural events such as festivals.
Further information:
Kari Kunnas, Head of Unit, +358 295 209 610