Is CBD Oil Legal in the UK? Understanding CBD Products and UK Law
TLDR: CBD became legal in the UK in 2019. To be sold legally, products must contain less than 1mg of THC per container, come from approved hemp, and comply with UK regulations.
CBD oil has become wildly popular in the UK, but with the rise in its use comes confusion about its legal status. Is CBD really legal in the UK? How does it differ from other cannabis products, and what do British laws say? Let's break it down together, focusing on the essentials, from CBD’s background to the UK’s current regulations on THC levels, medicinal cannabis, and CBD as a novel food. By the end, you’ll have a clear picture of the UK’s stance on CBD.
Understanding CBD. Is it legal in the UK?
What is CBD, and How is it Used?
CBD, short for cannabidiol, is a naturally occurring compound in cannabis plants. It’s known for its potential therapeutic effects without the psychoactive effects typically associated with THC (tetrahydrocannabinol - the compound that creates a "high") [1]. People use CBD in various forms—oils, edibles, vapes, and topical creams—to address issues like anxiety, chronic pain, and sleep disturbances. But its rising popularity has prompted closer scrutiny of its safety, legality, and potential health benefits.
The Difference Between CBD and THC
CBD and THC both come from the cannabis plant, but they act very differently. While THC is psychoactive, CBD is not, meaning it doesn’t produce that euphoric effect. In fact, CBD may even counteract some of THC’s effects, which is one reason why people are turning to it as a safer, non-intoxicating option [2].
British Law and CBD: A Detailed Overview
Is CBD Legal Under British Law?
Yes, CBD is legal in the UK, but there are conditions. For CBD to be lawful, it must contain less than 1 mg of tetrahydrocannabinol per container and be derived from an approved strain of industrial hemp [1]. If CBD products meet these requirements, they fall outside the Misuse of Drugs Act, making them legal for sale and consumption. However, products containing THC in higher amounts or not sourced from approved hemp strains remain unsuitable for sale [1].
The Role of the MHRA in Regulating CBD
The Medicines and Healthcare products Regulatory Agency (MHRA) ensures that products claiming medicinal benefits are appropriately licensed. To avoid misleading consumers, CBD companies are generally prohibited from advertising therapeutic claims unless the MHRA has authorised their products as a medicine [3].
Regulations on THC and Cannabis in the UK
THC: A Controlled Substance in the UK
In the UK, THC is classified as a Class B controlled substance under the Misuse of Drugs Act [1]. Products containing THC above legally allowed levels are restricted to medicinal use, and a Home Office licence is required for production and sale. For CBD to remain legal, the product must contain THC levels less than 0.2 percent and comply with strict production and licensing guidelines.
Legalisation of Medical Cannabis in November 2018
Medical cannabis became legal in the UK in 2018 for specific conditions, such as certain types of epilepsy and multiple sclerosis, where other treatments were ineffective [4]. However, the criteria are stringent, and only specialist doctors can prescribe these cannabis-based products.
The Role of the Home Office in Cannabis Cultivation
The Home Office oversees licences for cannabis cultivation, primarily approving applications for research or medical production. For industrial hemp, which has lower THC content, licences are also required, but these applications are regulated under a different framework [1].
Approved Cannabis-Derived Medicinal Products
Sativex and Epidiolex: Approved Uses in the UK
Sativex and Epidiolex are two of the few cannabis-derived medicines approved in the UK [4]. Sativex, used for multiple sclerosis-related muscle stiffness, contains both CBD and THC, while Epidiolex is a CBD-only treatment for rare forms of epilepsy. These medicines highlight the potential therapeutic benefits of cannabis but are only accessible under strict medical supervision.
How the Cancard Registry Supports Medical Marijuana Patients
Cancard, an initiative to support patients with legitimate medical needs, provides a means for patients who cannot afford or access prescribed cannabis to register their conditions and avoid potential legal issues if they possess cannabis for medical purposes. This scheme has helped some patients feel more secure in managing their health [2].
Global Influences on UK CBD Regulations
The World Health Organization’s Stance on CBD
The World Health Organization has recommended that pure CBD products not be scheduled as controlled substances due to their low risk of abuse and potential benefits. This view has influenced the UK’s relatively open policy towards CBD [3].
Importing Hemp from the EU for CBD Products
Hemp imported for CBD extraction must comply with UK regulations, particularly on THC content. If THC levels exceed UK standards, the products are not allowed entry, even if legal in other countries like Italy, where thresholds are higher [1].
Comparative THC Regulations: UK vs. Italy
The UK’s THC threshold is among the strictest, with only 0.2% THC allowed in industrial hemp, whereas other countries, like Italy, allow up to 0.6%. This difference can create challenges for consumers and businesses trying to understand the variations in legality when importing CBD products [3].
The UK CBD Market: Size and Potential
Estimates from the Centre for Medicinal Cannabis
The UK CBD market has grown rapidly, with estimates valuing it at hundreds of millions of pounds. Consumer demand for CBD supplements and wellness products continues to climb, highlighting a robust market with high growth potential [2].
Hemp Seeds vs. CBD Products: Different Regulatory Approaches
While hemp seeds and hemp seed oil are considered "non-novel" and exempt from the novel food authorisation, CBD extracts require validation. This difference is based on the history of consumption and safety data available for these hemp-derived products [1].
FAQ Section
Is CBD Legal in England?
Yes, CBD is legal in England, provided it meets specific requirements. For a CBD product to be lawful, it must contain less than 1mg of THC per container and be derived from an approved industrial hemp strain [1]. Additionally, CBD products sold as food supplements must undergo novel food authorisation from the Food Standards Agency (FSA), ensuring they meet safety standards. However, any CBD product that claims medicinal benefits must be licensed by the Medicines and Healthcare products Regulatory Agency (MHRA) before it can be marketed in England [1].
Is CBD Legal in Wales?
Yes, CBD is legal in Wales as long as it meets the same UK-wide requirements—specifically, containing less than 1 mg of THC per container [1].
Is CBD Legal in Northern Ireland?
Yes, but CBD regulations in Northern Ireland follow EU standards, so products must comply with both UK and EU THC limits [3].
Is CBD Legal in Scotland?
Yes, CBD is legal in Scotland if it complies with UK guidelines on THC levels and novel food authorisation [1].
References
- Food Standards Agency, “Cannabidiol (CBD) guidance for England and Wales”
- Government Chemist, "UK Government responds to expert advice on CBD"
- Home Office, "Drug licensing factsheet: cannabis, CBD and other cannabinoids"
- Rocket Lawyer UK, “Legal insight: What is the legal status of CBD oils in the UK?”
