Japan Designates Tetrahydrocannabihexol (THCH) as A Controlled Substance

On July 25, 2023, the Ministry of Health, Labour and Welfare (MHLW) of Japan issued an announcement, stating thatΔ8-THCH and Δ9-THCH would be classified as designated drugs. Therefore the manufacturing, import, sale, possession, and non-medical use of these designated drugs will be strictly prohibited. This announcement came into effect on August 4, 2023.

THCH (Tetrahydrocannabihexol) is a substance with a similar structure to THC (Tetrahydrocannabinol). As a result, its effects are close to the psychoactive effects of THC. For quite some time, THCH has been circulating as a substitute for THC, as the former was unrestricted by any law or regulation, and the latter was legally restricted.

Δ8-THCH and Δ9-THCH have already been circulating overseas and first entered Japan through importation. According to the announcement, since March 2023, at least nine safety incidents caused by these substances have been reported across Japan. To prevent the importation and misuse of dangerous drugs from abroad, MHLW intends to strengthen border control measures. This includes stricter enforcement of the approval and authorization of pharmaceutical products, as well as enhanced supervision on the sales of these products, including online sales.

Implication for stakeholders

When it comes to THC, comparisons are always made to Cannabidiol (CBD). Both CBD and THC are cannabinoids found in cannabis plants and other related substances. However, according to Cannabis Control Act, CBD products extracted from the mature stems or seeds of the cannabis plant and not containing THC, are not classified as "cannabis", so their sale and possession are considered legal.

Based on CBD Market Report (2022) released by Yano Research, since around 2019, pop-up shops handling CBD products have appeared in department stores and commercial facilities in Japan. Besides, the availability of CBD products has increased in cosmetic specialty stores and variety shops.

Additionally, Japan announced a Bold Policy (Basic Policies for Economic and Fiscal Management and Reform 2022) in June 2022, which states the intention to "review the regulations regarding cannabis and promote necessary environmental preparations for the utilization of cannabis-derived pharmaceuticals." If this aim is achieved, major companies in the food, beverage, and cosmetics industries, which have been waiting for the right timing, are very likely to enter the market. This could lead to the potential start of CBD product sales in convenience stores, supermarkets, drugstores, and other retail outlets.