Legal Developments Regarding the Cultivation of Cannabis and Cannabis Products

The Regulation on Cannabis Cultivation and Control (“Regulation on Cannabis Cultivation”) and the Regulation on Products Derived from Cannabis (“Regulation on Cannabis Products”) entered into force upon publication in the Official Gazette dated 31 January 2026 and numbered 33154. With these refulations coming into effect, the Regulation on Cannabis Cultivation and Control published in the Official Gazette dated 29 September 2016 and numbered 29842 and the Regulation on Cultivation of Cannabis and Control for the Purpose of Producing Active Pharmaceutical Ingredients published in the Official Gazette dated 13 September 2024 and numbered 32661 were repealed.

In this briefing, certain key aspects of the Regulation on Cannabis Cultivation and the Regulation on Cannabis Products are addressed in a question-and-answer format:

1. Where may cannabis cultivation be carried out?

• Cannabis cultivation for fiber, seed and stalk production may be carried out in the provinces and districts of Amasya, Antalya, Bartın, Burdur, Çorum, İzmir, Karabük, Kastamonu, Kayseri, Konya, Kütahya, Malatya, Ordu, Rize, Samsun, Sinop, Sivas, Tokat, Uşak, Yozgat and Zonguldak,
• Cannabis cultivation for the production of medicinal products and health products may be carried out at the premises of the Afyon Alkaloids Factory of the Agricultural Products Office (“TMO”), in the organized agricultural zones or within the provincial administrative boundaries where facilities holding production site permits from the Ministry of Health are located,
• Cannabis cultivation for the production of personal care products and supplementary products may be carried out in the provinces where the above-mentioned products are cultivated.

2. How does the cultivation permit application process work?

• Cultivators producing fibre, seeds and stalks must apply, between 1 January and 1 April, to the highest local administrative authority of the territory where cultivation will be carried out. For applications that are deemed appropriate, a cultivation permit covering a single cultivation period is issued upon approval of the highest local administrative authority.
• Cultivators intending to engage in cannabis cultivation for medicinal products, health products, personal care products and supplementary products must submit their applications to the TMO within the same period. Upon approval of the application and allocation of quotas by the quota allocation commission, a cultivation permit is issued by the Ministry of Agriculture and Forestry. In the case of issuance of cultivation permit for medicinal products and health products, a cultivation agreement must also be executed between the cultivator and the TMO.

3. Are there any specific criteria applicable to cultivators?

• Cultivators engaged in fibre, seed and stalk production must have no criminal record in relation to offences involving narcotic and psychotropic substance, as well as smuggling or terrorism-related offences.
• In the case of cultivators engaged in cannabis cultivation for medicinal products, health products, personal care products and supplementary products, the cultivator itself, its board members, authorised representatives, real person shareholders holding directly or indirectly at least twenty-five percent (25%) of the shares, and relevant personnel must have no criminal record on imprisonment of five years or more for an intentionally committed offence; or offences specified under the Regulation on Cannabis Cultivation such as crimes against the security of the state, crimes against national defence, embezzlement, extortion, bribery, theft, fraud, forgery, abuse of trust, smuggling, and offences involving narcotic and psychotropic substances.

4. In which cases may the cannabis cultivation permit be revoked?

The permit shall be revoked in cases where a cultivation agreement is not executed with the TMO, where the cultivator abandons the production, where the cultivation is carried out with a number of roots exceeding the allocated quota or over an area exceeding the permitted cultivation area, or where the provisions of the Regulation on Cannabis Cultivation are violated.

5. How are products derived from cannabis placed on the market?

Health products and supplementary products containing cannabis-derived components may only be placed on the market upon obtaining a licence from the Turkish Medicines and Medical Devices Agency (the “Agency“). The licensing of medicinal products derived from cannabis shall be carried out in accordance with the legislation governing medicinal products for human use. No separate licensing mechanism has been envisaged for cosmetic products derived from cannabis.

6. What criteria apply for submitting a licence application?

• The applicant must be an individual resident in Türkiye or a commercial company established in Türkiye,
• In the case of an individual, the applicant must hold a degree from an undergraduate programme of a higher education institution and must be authorised to practice the relevant profession in Türkiye; in the case of a commercial company, the applicant must employ an individual meeting these qualifications as an “authorised person”, and
• The applicant, its managers and authorised person must have no final conviction for imprisonment of one year or more for intentionally committed offenses, or for offenses specified under the Regulation on Cannabis Products such as offences against the security of the state, offences against national defence, embezzlement, extortion, bribery, theft, fraud, forgery, abuse of trust, smuggling or terror, and must not be subject to any pending investigation or prosecution for narcotic substance offenses or must have no criminal record pertaining to these offenses.

7. How does the licensing process work?

• The applicant must submit an application to the Agency together with the documents specified in the Regulation on Cannabis Products.
• The Agency conducts its preliminary assessment within 30 days.
• In the event of deficiencies, the applicant must remedy such deficiencies within 30 days.
• The Agency concludes its second preliminary assessment within 30 days.
• Provided that there are no grounds for procedural rejection of the application, the Agency notifies the applicant of the acceptance of the application.
• Upon notification by the Agency, the 30-day licensing process commences.
• During the licensing process, the Agency examines the documents evidencing the safety and quality of the product from a scientific and technological perspective.
• Upon approval by the Agency, the licence is issued.

8. In which cases may the licence be suspended?

The licence may be suspended by the Agency in cases specified under the Regulation on Cannabis Products, including where harmful effects arise, where production is switched to a different formulation, where changes are made to the formulation, the amount of active ingredient, pharmaceutical form or packaging information without the approval of the Agency, or where it is determined that the manufacturing method and control methods are not applied as specified.

9. In which cases the licence is revoked?

The licence shall be revoked in cases where documents proving the absence of the grounds for suspension are not submitted within six months, or where the submitted explanatory documents are deemed inadequate; upon the request of the licence holder and subject to the approval of the Agency; or where the products are not placed on the market within the committed period.

10. Is transfer of the licence permissible?

Transfer of the licence issued by the Agency, and even the transfer of a pending licence application is permissible. For a transfer to be effected, a licence transfer agreement executed before a notary public, or a court judgment evidencing the transfer of the licence, or a decision of the enforcement office regarding the sale of the licence through compulsory enforcement is required.