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Is CBD in the UK Legal?

CBD products are legal if they satisfy certain standards for example, having less than no THC. These products are legal to sell in 'high street shops,' provided they meet EU regulations as well as the Misuse of Drugs Regulations.

However, not all high street and online sellers are reputable and safe products. This guide from CBD RAIDERS will give you an understanding of what to look out for.

Legality

The UK CBD market has grown largely because of the availability of high-quality non-psychoactive marijuana. There are still some concerns about the legality of CBD. The most commonly used type of CBD is oil, which can be found in a range of different items, including health supplements and cosmetics. These products are available in stores as well as on the internet. CBD is a source of cannabidiol, a compound that has many medicinal properties. It also contains other phytocannabinoids like CBG, CBN, and CBC. These phytocannabinoids may aid in regulating the effects of THC which is the reason for the euphoric feeling that is that are associated with marijuana. The euphoria that is produced by THC is triggered by activating specific receptors in the brain. These receptors are called the endocannabinoid system.

The CBD that is found in products for consumption like vape juice and gummies originates from the low-THC cannabis, or 'hemp' plant. This crop is cultivated under the requisite licence with a view to producing seeds and fibre for commercial use, such as hemp oil, clothing, and building materials. The conditions of the licence demand that farmers destroy any parts of the plant that contain high levels of THC (flower and buds).

The cannabis industry has discovered ways to get around the Misuse of Drugs Act. Some companies claim that their products are exempt from the law under an exemption category referred to as 'exempt product.' This exemption only allows for the use of no more than 1percent THC in a product and only if certain conditions are fulfilled.

This is creating confusion in the market. For example, some vape shops believe that the limit of THC for CBD vape juice is 0.2 percent. This is not true. The legal limit for THC in CBD vape juice is 1mg per bottle/container.

The Home Office published a report recently on the legality CBD. The report relies on peer-reviewed scientific papers, government reports (UK & international), an ACMD call for evidence, and earlier ACMD recommendations. It concludes that current conditions are not sustainable and recommends the development of an appropriate legal framework to regulate CBD for consumers.

Benefits

The UK CBD market is growing and there is increasing consumer interest in the potential well-being benefits of this cannabinoid. It is a non-psychoactive molecule that is available in products like capsules, edibles, drinks and vaping liquids. It can also be found in hemp oil that is sold in health food stores and on the high-street. Certain untrustworthy producers have profited from its popularity by claiming false information about its benefits. It is crucial for consumers to understand the difference between different types of CBD.

The CBD in most of the UK products currently available originates from a plant known as 'Industrial Hemp' or Cannabis Sativa L.' This plant is grown under a licence to cultivate cannabis with low-9-THC levels for fibre and seeds and has a broad range of uses including clothing, paper rope, building materials and rope. Farmers are required to destroy the plants that contain more than 1 mg of THC. This is a requirement of the licence because tetrahydrocannabinol (THC) is psychoactive and can cause the sensation of a "high.

CBD that comes from this plant doesn't have psychoactive effects, but it does contain phytocannabinoids like CBN, THC and CBC. These phytocannabinoids do not have any physical or mental effects, but they can help regulate the balance of neurotransmitters in the body. This helps to improve calm and reduce the possibility of depression and anxiety.





Unlike THC which is illegal for sale in general The phytocannabinoids present in CBD are not controlled and so they are legal to sell. However Encasa Botanics is not yet fully accepting this, and it will require some time for regulations to change and the market to develop.

Trading Standards monitor the market and may revoke any product making medical or health claims that does not have a valid Novel Food Authorisation from the FSA. The Chartered Institute of Trading Standards is also conducting market surveys and may conduct lab testing of CBD products sold in shops.

Dosage

The CBD that is offered in the UK as an ingredient in food supplements, a health product and in vapes (cigs) is mostly derived from industrial hemp, which is also known as Cannabis sativa L. Industrial hemp is cultivated for its seeds and fibres and is not psychoactive. THC. The plant can only be grown under an Home Office license, which allows it to be used in preparations containing the mature stalk or fiber, not flowers and leaves. To produce CBD for sale in consumer products it is required to process the entire plant, including flower and leaves. This creates a 'CBD isolate' product, but it still contains varying amounts other phytocannabinoids found in the plant.

The concentrations of these other phytocannabinoids differ between different varieties of cannabis and even between plants that are grown under the same conditions. There isn't much information on the psychoactive effects of these phytocannabinoids in the levels that are likely to be present in consumer CBD products. This is why, for this reason it was decided it was appropriate to limit the levels of 9-THC and its precursor (9-THCA) in consumer CBD products to levels at which they are not likely to cause significant psychoactive effects.

The other phytocannabinoids controlled by the FDA were not restricted because they are hard and expensive to measure. Limits can also impose unnecessary restrictions on the producers. Additionally there is a lack of evidence that the other phytocannabinoids cause any clinically important effects.

The Working Group concludes by recommending that the maximum limit of 9-THC or 9-THCA per unit of consumption in the form of a CBD product intended for consumption by consumers be set at 50 milligrams. This limit should also be reviewed every two years. The Working Group also recommends Dstl to conduct an analysis of the phytocannabinoids controlled in consumer CBD products to make sure that the limits are met.

The Working Group has based its recommendations on the available literature and government reports (UK and international) and a request for evidence by the ACMD (ACMD 2021, 2021) and previous ACMD reports. Additionally, the Group has held discussions with representatives from industry, along with personnel from the Defence Science and Technology Laboratory and the Government Chemist's Team.

Safety

CBD is derived principally from hemp (Cannabis sativa). In the UK hemp is mostly harvested for its fibres. They are used to create clothes, rope, and building materials. The bud and flower of the plant aren't used for consumption. Farmers are legally required to destroy or let the flowers and buds decay on their farms. They are only able to harvest the stalks and seeds to make hemp oil, tinctures, and other CBD-containing products.

The majority of CBD products that are intended for consumption contain a combination of other phytocannabinoids, in addition to CBD. These other phytocannabinoids include trans-dimethyl-tetrahydrocannabinol ( 9 -THC) and other cannabinoids which are regulated under the Misuse of Drugs Act 1971. The quantity of these controlled phytocannabinoids in the final product is not identified since it is challenging to isolate these from the consumer CBD products.

In the absence of any legislation that would require testing for these controlled phytocannabinoids, the 9-THC levels in the consumer CBD products can vary greatly. A Defence Science and Technology Laboratory investigation of forty-three commercial CBD products found that 16 (37%) contained more than 5 mg of 9-THC. This is a level that can have psychoactive effects similar to a standard alcohol unit (Defence Science and Technology Laboratory report, 2020a).

In the UK there is a limit on THC however, there are many other rules that producers of CBD products must adhere to. Drinks and foods that contain CBD must, for instance conform to novel food regulations, which means they must be approved before being sold. This could take up to an entire year and cost tens of thousands of pounds.

In 2023 the legal CBD oils will be legal to purchase in the UK provided they contain a maximum of 1mg THC per container. However, there are some products that aren't controlled and these are unlikely to stay on the market for long, given the evidence of their harmful effects. Police will seize these products that are not regulated. To avoid this, consumers should only purchase their products from reputable producers.