Home Secretary Declares CBD Illegal
Over the past 5-6 years, the UK has seen a steady growth in the sale of Cannabis derived products containing Cannabidiol, or CBD. Whether its your local high street health food shop or online ‘vape’ supplier, everyone appears to be selling it.
But what is it and is it legal?
CBD is an organic compound found in the resinous extracts from the mature female Cannabis flower. It falls within in a group of compounds known as cannabinoids.
The most commonly known cannabinoid is THC or tetrahydrocannabinol. Both THC and CBD can be found in ALL Cannabis plants. The amount of each present in each plant depends on the strain or variety of Cannabis.
Cannabis plants that are used for Hemp production have been bred to have very low levels of THC (less than 0.2%). As a result they produce high levels of CBD on a commercial scale. Hemp is simply fibre from the Cannabis plant and is produced under licence across Europe. Only the fibre is allowed to be produced from the plant, all the herbal flower material and resin must be destroyed.
Some of the Un-licenced CBD Products on sale in the UK
CBD that is found in products available in the UK appears to predominantly come from Cannabis plants grown by farmers who are producing Hemp. From what we understand most if not all the CBD in the UK comes from Eastern Europe.
More recently, there has been increasing concern over its legality. With high street shops such as Holland & Barret now stocking these products it is time to answer the 64 million dollar question; Is CBD legal?
The easy answer is simply no, CBD is not legal in the UK.
Why I hear you cry?
Well, to start with American Drugs Enforcement Agency made a statement in 2017 that they consider it a form of Cannabis like any other.
Here in the UK, CBD falls within the definition of Cannabis resin under s37 Misuse of Drugs Act 1971 and is therefore a Class B drug – it is simply form of Cannabis resin!!
Most sellers of CBD products claim that because their products contain less than 0.2% of the psychoactive Cannabis compound; THC, they are perfectly legal. This, coupled with the claim it comes from a licenced commercial Hemp, appears to be the proof that CBD is legal.
Some have even gone further and claimed that because CBD is not specifically listed like THC is, then it is not a controlled drug. It is not clear exactly how these myths started but it appears the UK Home Office have a lot to answer for as the public continue to be ripped off by CBD Suppliers.
You maybe thinking it must be legal as it is being sold everywhere, tight? Well, don’t take our word for it, ask the Home Secretary!
We did – in the High Court!!
Amber Rudd, Home Secretary. Confused or belligerently ignorant?
Mr Dobson, in his pursuit of being an Approved Licenced Supplier wanted his business to be able to produce and supply his own CBD products and was not surprised when he was refused a licence. After many months it was not until the Home Secretary was forced to make a statement in defence that she finally admitted that CBD is illegal.
In a statement made in Judicial Review Proceedings in the High Court, Amber Rudd stated the following:
“In the first instance [I note] that CBD falls within the definition of ‘cannabinol derivatives’ under Part IV of Schedule 2 of the MDA 1971”
‘cannabinol derivatives’ are listed as a Class B drug under the Part II Schedule 2, so we are struggling to understand why so many are claiming it is legal when the Home Secretary clearly thinks it is not!! And if she does believe that why is she not doing anything about it?
So, we were hopeful things had changed under the new Home Secretary but it looks like the madness is set to continue. We have been applying for our licence again the past few weeks and have found the Home Office in disarray!! The Home Secretary has AGAIN acknowledged CBD is illegal and requires licencing but refused as a licence?
This madness has to end and it will end as PCC get ready to take the Home Secretary back to court.
I hope Mr Javid is ready for another Judicial Review!!