Cannabis law and legislation in Romania

Law no. 339/2005 (the Law) provides that the growth, import and sale of cannabis for medical use is allowed in Romania, but under strict Government supervision. Patients may be prescribed cannabis for medical use in the form of pharmaceutical products only.

Cannabis may be cultivated in Romania in consideration of the declared interest to medical science of the plant and of its derivatives (such as cannabis resin, cannabis extracts or tinctures and dronabinol). 

Cannabis is generally cultivated in Romania for fibre, seed/grain and oil, and the main variety of cannabis is Cannabis Sativa L, sub-specie Sativa, which generally has a Tetrahydrocannabinol (THC) content of under 0.2%. 

THC is classified as a high-risk drug and is prohibited by the Law. Romanian law does not allow any sale or distribution of general cannabis products (e.g. oil, flour, or food supplements) containing THC, regardless of the concentration. In January 2021, the Romanian Directorate for Investigating Organized Crime and Terrorism clarified that the maximum THC content authorised (0.2%)- is determined in the cannabis plant (in the cultivation phase), not in the finite product. 

For cultivation, farmers must obtain prior authorisations from the local Ministry of Agriculture and Rural Development (MARD) county office; MARD is authorised to establish the regulatory process for cultivation and for sample collections (i.e. for determining any THC content). 

The business operations during the production, processing, storage and distribution of psychoactive and drug substances and preparations are further supervised by the Ministry of Health.

In terms of sanctions, failure to meet the requirements provided by the Law may result in fines ranging between RON 200 to 20,000 or prison sentences up to seven years. Moreover, if such failings resulted in the death of a person, the sanction may go up to twenty years imprisonment.

Having said that, the mentioned provisions in the legislation are not acknowledged or construed unanimously as upholding the regime that in Romania cannabis may be used for medicinal use. On the contrary, the fact that such a regime would exist in Romania has been questioned and the authorities (including the health authorities) have failed to provide definitive clarifications. It is for this reason that the Romanian Parliament is currently discussing a new draft law regarding the legal framework for medical cannabis and substances and preparation which contain cannabis (further information below under section “Latest developments”)

The recreational use of cannabis is forbidden. However, in late 2018, the Romanian Supreme Court issued a ruling decriminalising the procuring of products with psychoactive effects, by a final consumer, for personal use.

The industrial use of cannabis is permitted only if it is processed for technical purposes, for the production of strains, fibres, seeds and oil, or for medical or scientific purposes. 

Currently, CBD products (oils, soap, creams, balms, etc.) that don't have THC are legal and available over the counter in Romania. CBD edibles and flowers are not available in Romania due to THC concentrations. We emphasise that any cannabis-derived CBD products containing THC are not permitted because THC is still a regulated substance

Cannabis-based products are patentable.

In July 2019, following the EU Parliament’s 2019 resolution on the benefits of medical cannabis, several members of the Romanian Parliament submitted a draft law regarding the legal framework for medical cannabis and substances, and preparations which contain cannabis. 

According to the draft law, terminally ill patients may be given cannabis painkillers (palliative treatments), following a prescription from a specialist doctor. 

Specifically, the following products or substances will be subject to the draft law provisions (for medical purposes):

• Cannabis, cannabis resin, cannabis extracts and tinctures of cannabis, including those for inhalation or infusion, if these are the methods prescribed by the doctors as being the most effective.; an
• THC, including isomers and stereochemical versions needed for medical diseases treatment (the maximum THC level will be 20%).

The draft law also establishes the Romanian Agency of Cannabis, which will be responsible for issuing authorisations for the activity of growing or processing medical cannabis, as well as ensuring the control, verification and surveillance of operations and transactions of medical cannabis. 

In November 2019, the draft law passed the Senate, the first chamber of the Parliament, and moved for debate in the Chamber of Deputies. As of March 2021, the draft law is currently in the Chamber of Deputies, having received positive opinion from the Committee on Legal Affairs, Discipline and Immunities and awaiting positions from the other specialized committees in the Chamber of Deputies. In March 2021, the Romanian Government provided a negative opinion to the draft law, indicating that it does not support the adoption of the law. No further developments appear to have taken place since March 2021.