Is CBD oil legal in the UK 2019?

Alexander

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Staff member
Mar 28, 2019
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CBD legislation in the UK is still a bit of a grey area. The common view is that 0.2% THC in the full spectrum CBD oil is acceptable. In reality 0.2% THC limit applies for growers of the Hemp plant who are still require low THC hemp growing license. If you sells CBD in the UK, the recommendation is to have a non detectable THC level in the product at the level of 0.01% THC which is board spectrum or isolate based oils. Unfortunately both board spectrum oils and isolates are considerably less effective vs full spectrum oils as THC removal process also reduces other useful cannabinoids.

The legislation for THC limits in CBD products are not exactly explicit but Misuse of Drugs Act 1971, 2001 and 2010 law specify the conditions for which THC is allowed:
http://www.legislation.gov.uk/uksi/2001/3998/regulation/2/made

Specifically, under the Misuse of Drugs Regulations 2001, ‘exempt product’ status allows for under certain conditions the presence of no more than 1 mg of THC per pack in any given CBD product. The tricky part is to meet this condition reliably with most labs can not reliably detect 1 mg THC level. 1mg of THC in 10ml container would correspond to about 0.01% THC level. Therefore the recommendation for sellers is to verify that the CBD oil contains no THC (or ‘not detected’) using an accredited lab running THC test with a limit of detection at 0.01% or lower. Unfortunately this interpretation limits UK customers from more effective full spectrum CBD oil with THC level of 0.2% This is really sad, as THC level of 0.2% can not get anybody high and considered non psychoactive. For example Switzerland adopted 5 times higher limit of 1% THC and you still would not get high from that level of THC in the CBD oil.

Home Office CBD fact-sheet:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/757786/factsheet-cannabis-cbd-and-cannabinoids-v1-3-2018.pdf

At the moment many UK sellers are getting their Full Spectrum shipments stuck at Border Force customs.

In summary there are no strict requirements apply for importing CBD into the UK provided THC is not detected by the Border Force at the border. Not detected’ means no THC at 0.01% as verified by accredited ISO lab. Selling CBD: no need to have a license to sell CBD in the UK provided THC is not detected.

The sale of CBD buds and flowers is prohibited even if THC is below 0.2% and from EU approved origin being a controlled substance while selling of hemp tea is allowed as it was done for years without any enforcement. Funny enough both products are the same in essence, but tea is fine while buds and flowers are not.

Adding CBD to food (CBD edibles) requires a Novel Food application but the authorities appear not to be enforcing this requirement at the moment.

If you wish to apply for novel food status or any other type of CBD related license, it would require significant financial and administration resources.

Please feel free to post your questions and we'll try our best to answer them here.