Two Regulations on Cannabis Cultivation and Products Derived from Cannabis Have Been Published.

The Regulation on Cultivation and Control of Cannabis and the Regulation on Products Derived from Cannabis were published in the Official Gazette dated January 31, 2026. As is known, Law No. 7557 on the Amendment of Certain Laws Related to Health and the Decree Law No. 663, published in the Official Gazette dated July 24, 2025, introduced certain amendments to the Law on the Control of Narcotic Substances. These amendments established a legal framework for medicinal products, health products, personal care products, and dietary supplements derived from cannabis, stipulating that the licensing processes or registration within tracking systems for such products shall be regulated by the Ministry of Health. Through the two aforementioned Regulations, the procedures and principles regarding the cultivation of cannabis, as well as the licensing, production, and placing on the market of products derived from cannabis, have been determined.

In this article, the main provisions introduced by the Regulation on Cultivation and Control of Cannabis and the Regulation on Products Derived from Cannabis are addressed.

Regulation on the Cultivation and Control of Cannabis

The Regulation on Cultivation and Control of Cannabis, implemented by the Ministry of Agriculture and Forestry, details the control measures to be taken throughout the entire process from sowing to harvesting the cannabis plant, as well as the cultivation permits required. Accordingly, a distinction is made between cannabis cultivation for fibre, seed and stalk production and cannabis cultivation for flower and leaf production, with different regulations applying to these activities.

Under the Regulation, all cultivation activities will be subject to strict control with measures to prevent the use of the cannabis plant's flowers and leaves for purposes other than those intended; administrative and criminal proceedings will be initiated against those who cultivate without a permit. Technical teams and control committees, established with the approval of the provincial governorships, will monitor whether cultivation is being carried out for the intended purpose from planting to harvesting.

The regulations introduced according to production types are addressed separately below.

• Cannabis Cultivation for Fibre, Seed and Stalk Production

The Regulation restricts cannabis cultivation for fibre, seed and stalk production, which is mainly used in industrial activities, to the 21 provinces and their districts specified in Article 4 of the Regulation. Cannabis cultivation is prohibited outside these provinces and districts. Those wishing to cultivate cannabis for fibre, seed and stalk production must apply to the highest administrative authority in their province between 1 January and 1 April each year and obtain a permit. Applications will be assessed by the provincial or district agricultural directorates. When evaluating applications, the variety characteristics certificate on the seed certificate to be used will be checked to ensure that it does not have a narcotic effect. The relevant sections of the regulation also regulate the appeal procedures for applications that are not deemed appropriate and the responsibilities of growers to cultivate in accordance with the purpose and not to reuse the seeds obtained at the end of cultivation for seed purposes.

• Cannabis Cultivation for Flower and Leaf Production

One of the significant developments introduced by the Regulation is the provision of controlled cultivation of the flower and leaf parts of cannabis for the purpose of obtaining medicinal products, health products, and personal care and support products. The Regulation imposes strict regulations, particularly regarding cultivation activities in this category.

Accordingly, applications must be submitted to the General Directorate of the Turkish Grain Board (“TGB”) between 1 January and 1 April and a permit must be obtained for the cultivation of cannabis for the production of medicinal products, health products, personal care products and support products. After receiving these applications, the TGB will forward them to the Quota Allocation Commission, chaired by the Deputy Minister of Agriculture and Forestry and comprising representatives from the TGB, the Turkish Medicines and Medical Devices Agency (“TMMDA”) of the Ministry of Health, and the Ministry of the Interior. This Commission will determine the cultivation quota, taking into account criteria such as public order and international obligations; the Ministry will issue cannabis cultivation permits to eligible applicants.

In this context, the Regulation defines personal care products as ‘cosmetic products derived from cannabis containing no more than 0.3% THC and cannabinoids or combinations thereof in amounts that do not produce a narcotic effect,’ thereby imposing restrictions on the tetrahydrocannabinol (‘THC’) content in these products.

The cultivation of cannabis for the production of medicinal products, health products, personal care products without narcotic effects, and support products shall be carried out in accordance with the quota determined by the President based on the country's supply and demand situation.

On the other hand, the Regulation stipulates safety standards and technical standards for the cultivation of cannabis for the production of flowers and leaves. It is stated that cannabis cultivation for medical and health products may be carried out in the Afyon Alkaloids Factory area affiliated with the Turkish Grain Board (“TGB”) TGB, in organised agricultural areas, or in provinces where closed facilities with climate control, necessary cameras, alarms, lighting, security personnel, and record-keeping systems are available and which have obtained production site permits from the Ministry of Health. Similarly, growing cannabis for the purpose of obtaining personal care and support products will only be possible in authorised provinces and in open or closed areas where the necessary security measures have been taken.

Regulation on Products Derived from Cannabis

The Regulation on Products Derived from Cannabis, issued by the Ministry of Health, establishes the procedures and principles to be applied in the processing, manufacture, export, licensing, registration in tracking systems, authorisation, and sale of medical products, health products, personal care products without narcotic effects, and support products derived from cannabis. This Regulation introduces comprehensive regulations into our legislation for the development and control of cannabis-derived products.

• Provisions by Product Category

The Regulation identifies four main product groups: medicinal products, health products, support products, and personal care products derived from cannabis. These categories are distinguished based on the product's intended use and THC content.

In this context, medicinal products are defined as human medicinal products used for therapeutic purposes and having a pharmacological effect. Support products (health-supporting supplements) and personal care products (cosmetic products) are defined as products containing up to 0.3% THC and cannabinoids or combinations thereof in amounts that do not produce a narcotic effect, health products refer to products that may contain cannabinoids at the levels specified in the relevant TMMDA guidelines and have specific health effects.

In line with this distinction, the regulations governing the licensing, variation procedures, and monitoring of medicinal products derived from cannabis will be implemented under the human medicinal products legislation. No medicinal product containing components derived from cannabis that has not been licensed by the TMMDA may be placed on the market. Medicinal products may be obtained from pharmacies in exchange for a prescription created through the Prescription Information System and may not be sold without a prescription.

In accordance with the Regulation, the licensing procedures for health and support products derived from cannabis shall be carried out by the TMMDA, and no health or support products containing components derived from cannabis that have not been licensed by TMMDA may be placed on the market. The Regulation stipulates that health products may be obtained from pharmacies in exchange for a prescription created through the Prescription Information System and cannot be sold without a prescription. The Regulation details the application conditions for the licensing of health and support products derived from cannabis, the information and documents to be submitted with applications, the evaluation and appeal procedures for applications, the processes for suspending and revoking licences, and issues such as licence transfer.

Personal care products derived from cannabis may be marketed under the cosmetics legislation. In this context, no personal care product containing components derived from cannabis that has not been registered as a cosmetic product by the TMMDA may be marketed.

• Export Procedures, Import Restrictions and International Reporting Procedures

In the export procedures for products derived from cannabis, a dual distinction is made based on the THC content of the products. Accordingly, for the export of medical products, health products and components derived from cannabis containing more than 0.3% THC, an import permit must be obtained from the competent national authority recognised by the United Nations International Narcotics Control Board in the importer's country, prepared by the TMMDA or TGB. The export of medicinal products, health products, support products and components derived from cannabis containing up to 0.3% THC is carried out upon the TMMDA's approval of the application and the reporting of export-related information to the Ministry of Trade through the Single-Window System.

On the other hand, one of the most frequently asked questions within the scope of secondary regulatory work was whether products derived from cannabis could be imported from abroad. In this context, the provisions introduced by the Regulation on Products Derived from Cannabis require the submission of information and documentation confirming that the cannabis plant from which the cannabinoids used in medicinal products, personal care products, health products and support products derived from cannabis are obtained has been cultivated in accordance with the Regulation on Cannabis Cultivation and Control. This requirement demonstrates that the system is based on the licensed cultivation regime in Türkiye, creating legal and practical uncertainties regarding the use of cannabinoids sourced from abroad.

Furthermore, data on the export, stock and domestic consumption of products covered by the Regulation shall be reported by the TMMDA, together with data obtained from the TGB, to the United Nations International Narcotics Control Board.

• Mandatory Pharmacy Channel Sales and Electronic Tracking System for Products

The Regulation imposes a mandatory pharmacy channel sales requirement for all products derived from cannabis. As mentioned above, it is stipulated that medical products and health products derived from cannabis can be obtained from pharmacies with a prescription created through the Prescription Information System and cannot be sold without a prescription.

On the other hand, the Regulation introduces a mandatory electronic tracking system for cannabis products from production to the final point of sale. Thus, stakeholders in the supply chain are obliged to report transactions such as product purchase, sale, return, sale cancellation, export, export cancellation, goods transfer, goods transfer cancellation, as well as deactivation procedures for products that have lost their quality due to reasons such as expiry, theft, deterioration, and similar causes.

Conclusion

With the entry into force of the regulations examined in our article, the amendments made to the Law on the Control of Narcotic Substances by the Law Amending Certain Laws Related to Health and Decree-Law No. 663, published in the Official Gazette dated 24 July 2025, have been established in the legal framework. In this regard, the procedures and principles regarding the cultivation of cannabis and the licensing, production and marketing of products derived from cannabis have been regulated in detail. The boundaries between these activities have been clarified, with the Regulation on  Cultivation and Control of Cannabis to be implemented by the Ministry of Agriculture and Forestry and the Regulation on Products Derived from Cannabis to be implemented by the Ministry of Health.

However, it is considered necessary for the regulations and implementation principles in the Regulation on Products Derived from Cannabis to be explained in more detail in the guidelines to be published by the TMMDA. Finally, the regulation stipulating that the cannabis plant from which the cannabinoids used in cannabis products are obtained must be cultivated in accordance with the Regulation on  Cultivation and Control of Cannabis implies that only cannabinoids derived from cannabis plants cultivated with permission in Türkiye may be used. In our opinion, a clearer legal framework regarding the import regime could be established in the regulations.

AUTHORS

Nuri Melih İnce

Osman Tuna Kısaoğlu