CBD is legal, although there are many laws and regulations around the compound. The regulations are currently evolving and changing as CBD becomes more popular and the potential benefits come to light. This is an ever changing landscape and the legal status of CBD will develop over the time.
As of February 2020, new CBD food/drink products require a Novel Food Application. Any food or drink containing CBD are considered novel foods. They require premarket authorisation, any CBD manufacturer wanting to produce CBD food or drink is required to apply.
Example of CBD Novel Foods:
CBD as a Novel Food
This seems fairly simple, although once you scratch the surface there are many more details to consider.
The fact CBD is non intoxicating, doesn’t produce any euphoric effects and make you ‘high’ in the same way as THC are big reasons why it is legal in the UK.
Cannabis is a class B drug under the Misuse of Drugs Act 1971, although CBD is not listed under cannabis. This has resulted in some confusion.
CBD is a compound that comes from the Sativa cannabis plant. Here are two main classifications of cannabis plants depending on their compound contents, these are called Hemp and Marijuana.
The oil has been thought to have some medicinal properties, including relieving inflammation, pain relief and reducing anxiety, although there have not been conclusive scientific studies on this.
THC is the psychoactive cannabinoid – the one that recreational users use to get "high". CBD does not have this effect.
The oil that has been in the news recently due to its use by those with epilepsy is cannabis oil, which has a higher THC content, and so, unlike CBD oil, is not usually allowed in the UK.
For example, industrial hemp may be grown under licence in the UK. It is a strain of the cannabis plant that contains little or no THC, but does contain CBD.
The Home Office says that it can contain a maximum THC content of 0.2% and that the THC must not be easily separated from it.
However, in 2014, the National Institute for Health and Care Excellence, which issues guidance to NHS doctors, gave the medicine "do not recommend" status, saying it was not cost-effective.
The most well-known of these are THC and CBD.
UK criminal law in which THC falls is not “grey” concerning controlled substances. Any business that does not take the considerable steps to satisfy themselves that its products do not contain illegal levels of controlled substances puts itself (and its directors) at risk of serious criminal charges. When asked is CBD legal in UK we can still say yes but follow the guidelines and keep within the THC limits.
UK regulatory framework in respect of the CBD and cannabis industry is complex the belief that anything is legal below 0.2% THC is a myth. You now need Novel foods certification for edibles, novel foods does not apply to vaping CBD or cosmetics.
Growing hemp must be at under 0.2% THC but this only applies to farming hemp and not the finished products, here the max 1mg is the important item.
Novel Foods UK
The FSA in the UK is now enforced from April 1st 2021, The EU Food Standard Agency being different will follow its own processes, it has yet to be seen whether it will begin to enforce in the same timeframe. To comply in the UK you will have needed to be selling or in the process of selling CBD prior to the announcement back in Feb 2020 and have the Novel foods application in by March 30th 2020, this will allow you to sell CBD until the application has been processed and it meets the standards set out, once validated you will be able to continue to sell CBD in the UK. If the novel foods application is rejected you must remove the products from sale in the UK regardless of THC or CBD levels, unless you have a pending legal action against the decision and have been given clarification by the FSA to indicate you can sell till it is heard.
Cosmetic products is a lower risk area for selling CBD enhanced products from a legal persepctive. Compliance can be assured by verifying legal THC content and using CBD that has not been extracted from the flowers or buds of the plant.
The Extract has met with the best legal teams who have profound knowledge in the laws surrounding the CBD industry in the UK and Ireland. Whether you are only in the stages of developing your cannabidiol uk brand or you are a distinguished CBD brand looking for legal advice following the clampdown on CBD. It is of the utmost importance you have the correct legal advice.
The Extract has a summary of all you need to know about the UK CBD oil legislation, we will help answer the question, Is CBD legal in UK and where the UK is on the road to cannabis legalisation. Updated constantly to give you the most up to date information on CBD UK and EU laws.