Research into the potential medical benefits of cannabis, which is a plant with narcotic properties has gained significant momentum in recent years. In parallel with this, it has become necessary to revisit the existing legislation. The United Nations’ Narcotic Drugs Commission, the primary body responsible for shaping the United Nations’ drug policy, adopted a decision on 2 December 2020, taking into account the recommendations of the World Health Organization, to remove cannabis and cannabis resin from Schedule IV of the 1961 Single Convention on Narcotic Drugs. Schedule IV contains narcotic substances subject to the strictest control measures. Although cannabis and cannabis resin remain listed under Schedule I of the 1961 Single Convention on Narcotic Drugs and continue to be subject to international control, their removal from Schedule IV is widely interpreted as an acknowledgment of the medical benefits of cannabis at an international level.
In Türkiye, the main legal framework governing the cultivation and use of cannabis is set out under Law No. 2313 on the Control of Narcotic Substances, published in the Official Gazette dated 24 June 1933 and numbered 2435 (the “Law”). Until 2023, the Law permitted the cultivation of cannabis solely for “fibre, seed, stalk and similar purposes”, subject to the approval of the Ministry of Agriculture and Forestry. At the time, there was no provision in the legislation expressly permitting the cultivation of cannabis flowers and leaves, which predominantly contain psychoactive components.
The details of the cultivation of cannabis for fibre, seeds, stalks and similar purposes were later set out in the Regulation on Cannabis Cultivation and Control, published in the Official Gazette dated 29 September 2016 and numbered 29842. While this regulation allows universities, research institutes of the Ministry of Agriculture and Forestry and other entities holding a research permit to cultivate cannabis for scientific research purposes, subject to the approval of the Ministry of Agriculture and Forestry, it does not contain any provisions regulating the cultivation of cannabis for the purpose of producing medical products.
With the amendment introduced to the Law in 2023, the wording “cultivation of cannabis for fibre, seed, stalk and similar purposes” was replaced with “cultivation of cannabis for the production of fibre, seed and stalk, as well as for the production of flowers and leaves intended for the manufacture of active pharmaceutical ingredients.” This amendment is interpreted as reflecting the legislator’s intention to allow, in a limited and controlled manner, the cultivation of cannabis flowers and leaves, which predominantly contain psychoactive components, taking into account the plant’s potential medical benefits. Accordingly, in addition to the production of fibre, seed and stalk, cultivation of cannabis flowers and leaves for the purpose of producing active pharmaceutical ingredients has become permissible, subject to the approval of the Ministry of Agriculture and Forestry. The said amendment also provides that cannabis cultivation and processing may be carried out by, or on behalf of, the Agricultural Products Office. Such cultivation activities are subject to the quotas to be determined as needed by the Presidency, taking into account the domestic supply and demand conditions. In this context, pursuant to the Presidential decision dated 29 October 2024, the nationwide quota for cannabis cultivation for the purpose of producing active pharmaceutical ingredients has been limited to 120,000 root plants per year within a cultivation area of 5,000 square metres. The Ministry of Agriculture and Forestry is authorised to allocate the determined quota. On the other hand, universities, research institutes of the Ministry of Agriculture and Forestry, and other entities holding research authorisations are exempt from the quota requirements in respect of their scientific research and R&D activities.
Following the amendments introduced to the Law in 2023, the Regulation on the Cultivation and Control of Cannabis for the Purpose of Producing Active Pharmaceutical Ingredients (the “Regulation”) entered into force upon its publication in the Official Gazette dated 13 September 2024 and numbered 32661. The Regulation sets out comprehensive provisions regarding, among others, the application procedures to the Agricultural Products Office for individuals and legal entities seeking to cultivate cannabis for the purpose of producing active pharmaceutical ingredients, the requirements for obtaining competency certificates and cultivation permits, permits for scientific research purposes, the use of cannabis in clinical trials, the technical requirements applicable to the cultivation facilities, the obligations of individuals and legal entities, the duties of the inspection committee, as well as the domestic and international sale and transportation of active pharmaceutical ingredients. At the same time, the Regulation on the Cultivation and Control of Cannabis remains in force and continues to apply to cannabis cultivation for purposes of production of fibre, seed and stalk.
In 2025, the Law was amended once again, this time removing the reference to “active pharmaceutical ingredients” and replacing it with a broader formulation referring to “medical products, health products, personal care products without narcotic effect, and support products”. As a result, the production of fibre, seed and stalk, as well as the cultivation of cannabis flowers and leaves for the purpose of manufacturing such products has been expressly permitted, subject to the approval of the Ministry of Agriculture and Forestry. The Agricultural Products Office has again been designated as the competent authority to carry out or procure such production within quotas to be determined by the Presidency. The amendment further stipulates that the licensing or registration of the relevant products shall be carried out by the Ministry of Health, and that the sale of such products is limited exclusively to pharmacies. Notwithstanding these provisions of the Law, the secondary legislation governing the authorisation processes and sale of these products, as well as the processing, preparation and export of cannabis, has not yet been enacted.
Through the latest amendments to the Law, a legal basis has been established for the use of cannabis in the healthcare sector not only for the production of active pharmaceutical ingredients, but also for the production of a broader range of products. However, the scope and boundaries of these newly introduced concepts have not yet been clearly defined. In the absence of detailed secondary legislation and in light of existing practical concerns, products containing cannabis have not yet become widespread in the Turkish healthcare market. With the anticipated adoption of more detailed secondary regulations, it is expected that activities relating to medical products, health products, personal care products and support products derived from cannabis will increase in the coming period.
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