The Legality of CBD Flower in the UK: The Story Is Still Being Written
CBD

The Legality of CBD Flower in the UK: The Story Is Still Being Written

CBD flower has become increasingly popular. It’s a good option for those who prefer alternative methods of administration like vaping, smoking, or brewing tea instead of consuming CBD oil, edibles, or capsules. And it’s not unusual to see the flower for sale in the UK, whether you’re shopping in a store or online.

Here’s the problem, though: it’s currently illegal to sell or use CBD flower in Britain under current laws.

Flower doesn’t meet all of the criteria to win an exemption from the nation’s misuse of drugs regulations, even though every other CBD product with less than 0.2% THC content is legal under those rules, as long as the UK Food Services Agency (FSA) has issued a “Novel Food” authorization for the product.

A new decision in the battle over the bizarre situation was recently issued in the courts, however, and it looks like the legalisation of CBD flower might eventually be coming.

Let’s unsort this confusing story.

What Is CBD Flower?

Cannabidiol, known popularly as CBD, is one of more than 100 cannabinoids found in both the hemp plant and the cannabis plant, which are members of the cannabis sativa family and close relatives. CBD can be sourced from either plant but it’s normally taken from industrial hemp, for a very good reason.

Cannabis plants contain high levels of psychoactive THC (tetrahydrocannabinol), but hemp plants have very low THC levels. That’s why marijuana (except for medical cannabis) is illegal in the UK, but the CBD products purchased from retailers are legal; they can be sold as long as they have less than one mg of THC per container, which is about 0.2% total CBD content.

CBD flower, also called hemp flower, or CBD buds, falls into what many have called a “grey area.” The names all describe the raw buds and leaves of the hemp plant, which explains why hemp flower contains very low levels of THC.

Producers in the CBD market use the flower to manufacture products like CBD oil, CBD gummies, and CBD vape juice. As long as they comply with the provisions of the “Misuse of Drugs Act 1971” and don’t exceed the law’s THC limits for CBD, there are no legal problems.

However, the story is very different when it comes to the actual flower.

Why Isn’t CBD Flower Legal in the UK?

When placed side-by-side, it’s impossible to tell the difference between hemp flower and cannabis flower (or THC flower). There was no widespread debate about the apparent benefits of CBD.

And when the Misuse of Drugs Act was passed more than two decades ago, the CBD industry didn’t exist — so there was no reason to determine the specific legality of CBD flower under UK laws. In short, “Is CBD flower legal?” was a question that never crossed anyone’s mind.

Cannabis was designated an illegal controlled drug, and the only exceptions written into the misuse of drugs regulations were for the mature stalk of the cannabis plant, fibre produced from the stalk, and cannabis seeds. There was no consideration, for example, of the difference between THC-rich cannabis and hemp which had very low THC levels.

It would seem that the illegality of CBD flower is just a matter of an old UK law being interpreted in modern times, but a complicating factor arose in 2023. The Home Office released guidance that was bad news for the ability of local growers to cultivate hemp so it didn’t have to be imported (arguably illegally) from elsewhere in Europe — and the legal status of CBD flower.

“(licenses for (UK) industrial hemp cultivation does not allow for use of ‘green’ — i.e., the leaves and flowers as these are controlled parts of the plant.”

Case closed, or so it would seem. However, that Home Office guidance didn’t factor in a ruling from the Court of Appeal in London.

A Sign of Hope

The case was brought in 2020 by the Crown Prosecution Service (CPS) against a CBD retailer that had imported CBD flower from Italy that was below the 0.2% THC level. The company was effectively charged with dealing drugs.

The Crown court ruled in favor of the company that had been selling CBD, saying that the importation of hemp flower was legal under EU law, which at the time superseded British law. However, the CPS appealed the decision.

Court of Appeal judges there also ruled in favor of the company, because of the very low level of THC in CBD flower. The Court’s ruling says that flower with THC levels below 0.2% is not a “narcotic drug” so there was no violation of the Misuse of Drugs Act.

You might think the decision would clear the way for CBD flower and flower products to be freely imported into Britain and sold at retail, but that would underestimate the difficulty of working with the government to clarify fuzzy laws.

The Home Office issued a statement reiterating the fact that CBD is not a controlled drug, and promising more clarity on the limits of controlled drug content (like THC) in consumer CBD products.

However, the Home Office went on to tell ITV that “The flowers of the cannabis plant are controlled under UK legislation irrespective of THC content. The UK government has no plans to change this legislation.”

CBD producers and vendors claim that they should be in the clear, as the Court of Appeals decision has set a precedent on the legality of CBD flower with legal THC content. Even so, industry spokesmen say, with the government refusing to back down there’s no guarantee that companies no longer face prosecution. There’s only a smaller risk.

It appears the fight over the legality of CBD flower in the UK will continue.

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*It is important to note that the benefits of these products have not been conclusively proven. This product is not intended to diagnose, treat, cure, or prevent any disease, and the NHS has not made any guarantees about the efficacy of such products.