IS CBD LEGAL IN THE UK?

September 5, 2021

6 Min Read

I

Cannabidiol continues to take the UK by storm. With its health benefits becoming broadly known and acceptance gaining traction, this trajectory is expected to continue. According to the Global Cannabidiol Market Report, this worldwide industry will explode to £9.72 billion by 2028. That’s a 21.2% compound annual growth rate. The Brits continuously revise CBD laws in the UK to support this market growth as new information arises.

But marijuana has been illegal here since 1928. As CBD comes from the cannabis plant, questions still remain in the community.

Despite growing evidence to support the astounding ways in which the cannabis plant (and the CBD derived from it) interacts with and supports the human body, full legalisation of this particular wonder of nature is not even vaguely on the horizon in the UK. Yet.

There have been movements in recent years which have seen regulations changing – the 2018 introduction of cannabis derived pharmaceutical drug Sativex, containing a 1:1 CBD and THC potency, now means multiple sclerosis patients in the UK have some access to medical marijuana. And in November 2019, The Guardian reported that up to 20,000 patients in the UK were to be given medical cannabis over a two-year period as a study into the potential medicinal use of the drug.

Is CBD Legal in UK?

The simple answer is yes, CBD is legal in the UK. CBD is not a controlled substance in the UK; therefore, it is perfectly legal to purchase it and consume it. This is provided that the product complies with UK laws and regulations.

CBD can be imported into the UK but the products must be clearly labelled. Additionally, they must be accompanied by documentation to prove that they have undergone third-party testing. This documentation will also prove that the products do not contain illegal levels of controlled substances, like tetrahydrocannabinol (THC).

THC is a controlled substance in the UK, under the Misuse of Drugs Act 1971. CBD products are permitted to contain no more than 1 mg THC per product.

What are the Current Laws Surrounding CBD?

CBD in the UK is classed as a novel food product because it is a new food product introduced into the EU since 1999. Other products in the same category include chia seeds and sugar cane fibre. For CBD to be classed and advertised as a medicine, it must have a license. Therefore, the majority of CBD in the UK is sold as a food supplement or food product. CBD flowers are illegal in the UK.

Isn’t Cannabis Illegal in the UK?

The possession and use of cannabis in the UK is illegal. One of the main differences between CBD and cannabis is that cannabis gets you high. The substance in cannabis that makes you high is called THC. Currently THC is illegal for non-medical purposes in the UK and CBD products must contain less than 0.2% THC. They must contain less than 1mg of THC per product. This means that CBD will not give you the high typically associated with smoking cannabis.

Is it Legal to Produce CBD in the UK?

It is currently illegal to cultivate CBD in the UK. It is legal to cultivate industrial hemp as long as you have a Home Office license. However, the good news is that it is legal to sell CBD which has been processed and imported from other countries where growing CBD is legal. Most CBD brands import their products from France, Guernsey, Switzerland, Croatia, Portugal or certain US states. At Pure Organic CBD we import our CBD from the lush pastures of the Swiss Alps, historically known for their restorative health benefits.

Are the Current UK CBD Laws Working Effectively?

At the moment the UK CBD market is not strictly regulated as companies do not require a license to sell them for non-medical purposes. This means that companies regularly falsely advertise products. The Centre for Medical Cannabis (CMC) tested thirty UK CBD oils from companies and found that 38% contained less than half their advertised CBD content. They even tested one £90 product and found that it contained no CBD at all! 40% of the products they tested contained more than 0.04% of THC making them illegal in the UK. CBD products can also contain heavy chemicals or toxins.

How do I Know if my CBD is Legal?

It’s important to make sure your CBD company provides 3rd party lab reports for each product. These will tell you the exact composition of your product. At Pure Organic CBD all our products have an individual lab report available so you will always be sure what you are consuming. Another way to avoid consuming unwanted substances is to buy Certified Organic CBD. This means you can be sure your product is free from pesticides and toxins. Our CBD oil is grown and cultivated in Switzerland by growers with decades of collective experience ensuring that you’re ingesting only the best natural product.

Governing bodies and individual rules

A range of products are available on the market, with each type having particular governing bodies and regulations.

The Medicines and Healthcare products Regulatory Agency (MHRA) is responsible for consumables. This includes CBD edibles, tinctures, supplements, and oils– anything consumed. You can find out more information here.
The Cosmetic Toiletry and Perfumery Association (CTPA) offer greater insight into CBD-containing cosmetics. You can read more here. The legality of CBD flower and CBD bud in the UK (cosmetics) is a grey area nonetheless. A court ruling subject to interpretation, greater clarification will come with time and further legal challenge.
Then there is the European Food Safety Authority (EFSA (EU)) and The UK Food Standards Agency (FSA). The EFSA (EU) defines the novel food classification as covering a food “that had not been consumed to a significant degree by humans in the EU before 15 May 1997, when the first Regulation on novel food came into force.”

CBD LAW IN THE UK – A 2021 OVERVIEW

Although regulations surrounding CBD in the UK are pretty firm, there has been a lot of movement in the industry and, undoubtedly, more change is yet to come. However, what that will look like is anyone’s guess.