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Is CBD in the UK Legal?
CBD products are legal in the UK in the event that they meet certain criteria, such as containing 0 THC at a percentage of 0. They can be purchased at 'high street shops' provided they are in compliance with EU regulations and the Misuse of Drugs Regulations.
Not all online and high-street sellers offer reliable and safe products. This guide from CBD RAIDERS can help you to understand what to look for.
Legality
The UK CBD market is expanding mostly due to the increasing availability of high-quality non-psychoactive cannabis. There are still some questions regarding the legality of CBD. The most common form of CBD is oil, which is found in a range of different products, including health supplements and cosmetics. These products are available in retail stores and online. CBD is a source of cannabidiol, a compound that is a potent medicinal ingredient. It also contains other phytocannabinoids, such as CBG CBN and CBC. These phytocannabinoids can aid in the regulation of the effects of THC which is responsible for the euphoric sensations that marijuana users experience. The euphoria that is produced by THC is triggered by the activation of certain receptors in the brain. These receptors are referred to as the endocannabinoid system.
The CBD found in consumer products like vape juice and gummies comes from the low-THC cannabis or 'hemp' plant. This plant is cultivated under licence to produce fiber and seeds that are used for commercial purposes, such as hemp oil and clothing. The terms of the licence demand that farmers destroy any parts of the plant with high levels of THC (flower and buds).
The cannabis industry has discovered ways to circumvent the Misuse of Drugs Act. Some companies claim that their products are exempt from the law under a category called 'exempt product.' This exemption is only for the presence of less than 1percent THC in a product, and only if certain conditions are satisfied.
This is causing confusion in the market. Some vape shops, for instance, believe that the limit for THC in CBD vape juices is 0.2%. This is not true. The legal limit for THC in CBD vape liquids is 1mg per bottle/container.
The Home Office published a report recently on the legality CBD. It references peer-reviewed scientific literature and government reports (UK and international) as well as a request for evidence conducted by the ACMD, and past ACMD guidance. It concludes that the current conditions are not sustainable and recommends the development of an appropriate legal framework to regulate CBD for consumers.
Benefits
The UK CBD market continues to grow and consumers are becoming more interested in the potential benefits of this cannabinoid. It is a nonpsychoactive cannabinoid that is found in edibles, capsules, and drinks and vaping liquids. You can also find it in hemp oil, which is available in health food stores as well as on the high-street. Its popularity has led some untrustworthy manufacturers making false claims about its benefits. It is crucial for consumers to understand the difference between different types of CBD.
The CBD in the majority of UK products currently sold originates from a cannabis plant known as Industrial Hemp or 'Cannabis Sativa L.' This plant is grown under a licence to grow low-9-THC cannabis for seeds and fiber and it is used for a wide range of uses such as paper, clothing rope, building materials, and rope. Farmers are required by law to destroy plants that contain more than 1 mg THC. This is a requirement of the license since tetrahydrocannabinol (THC) is psychoactive and can cause the sensation of a "high.
CBD that is derived from this plant has no psychoactive effects, but it does contain phytocannabinoids, like CBN, THC and CBC. These phytocannabinoids don't have any mental or physical effects, but they do help to regulate the balance of neurotransmitters within the body. This can help promote calm, and reduces the risk of anxiety or depression.
CBD is legal to sell, in contrast to THC which is a drug that is illegal. The UK has not fully embraced this yet and it will take some time before regulations change and the market grows.
Trading Standards monitor the market and may seize any product with claims about health or medical benefits that does not have an authentic Novel Food Authorisation from the FSA. The Chartered Institute of Trading Standards also conducts market surveys, and this could include lab testing of CBD-based products that are sold in stores.
Dosage
Industrial hemp, also known as Cannabis Sativa L, is cultivated mostly for its fibers, seeds and a small amount of psychoactive THC. The plant must be cultivated under the supervision of a Home Office licence, which permits cultivation only for preparations that contain mature stalk fiber, seeds or fibre - not flowers and leaves. However, to produce CBD for consumption in consumer products, it is essential to process the entire plant, including flowers and leaves. CBD oil for sale produces a product which is referred to as 'CBD isolate' but which still contains varying amounts of the other phytocannabinoids present in the plant.
Even plants that are grown in similar conditions can have different concentrations of phytocannabinoids. There is not much information available on the psychoactive effects of these other phytocannabinoids at levels that are likely to be present in consumer CBD products. It was therefore determined to limit the levels (9-THC) and its precursor (9 -THCA), in the consumption of CBD products at a level that is unlikely to cause a significant psychoactive effect.
It was also decided that no limit should be set for the other controlled phytocannabinoids, since it is very difficult to quantify them and establishing a limit for them might restrict producers in a way that is not needed. Additionally there is little evidence that these other phytocannabinoids have any clinically important effects.
In conclusion, the Working Group recommends that the maximum quantity of 9-THC as well as 9-THCA in a consumer CBD product should be set at 50 micrograms per unit of consumption. This limit should be reviewed every two years. The Working Group also recommends Dstl to conduct an analysis of the controlled phytocannabinoids found in consumer CBD products, so that they can ensure that the limits are adhered to.
The Working Group's recommendations are based on literature, government reports (UK & international) as well as an ACMD request for evidence (ACMD 2020) and the previous ACMD report. In addition, the Group has held discussions with representatives of industry, as well as with the staff of 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 primarily grown for its fibres. These are used to make clothes, rope, and building materials. The bud and flower of the plant are not used for consumption. Farmers are legally required to eliminate or let the flowers and buds to rot on their land. They are only allowed to harvest stalks and seeds for hemp oil, CBD tinctures, and other CBD-containing CBD products.
The majority of consumer CBD products are made up of a mix of other phytocannabinoids as well as CBD. These other phytocannabinoids include trans-dimethyl-tetrahydrocannabinol ( 9 -THC) and other cannabinoids that are controlled under the Misuse of Drugs Act 1971. The amount of these controlled phytocannabinoids in the final product isn't known as it is difficult to extract these from the consumer CBD products.
In the absence of legislation requiring testing for controlled phytocannabinoids in the foods, the The level of 9-THC in CBD products for consumers can vary widely. A Defence Science and Technology Laboratory study of 43 commercial CBD products found that 16 (37 percent) had more than 5mg 9-THC. This level can have psychoactive effects comparable to standard alcohol units (Defence Science and Technology Laboratory, 2020a).
A limit on THC is in place in the UK but there are other regulations to be adhered to by the producers of CBD products. Drinks and foods that contain CBD must, for example conform to novel food regulations, which means they must be approved prior to being sold. CBD oil online could take up to a year, and cost tens or even hundreds of thousands of pounds.
In 2023 in 2023, compliant CBD oils will remain legal to purchase in the UK provided they contain a maximum of 1mg of THC per bottle. However, there are certain products that aren't controlled and are not likely to remain on the market for long, considering the evidence of their harms. These unregulated products will be confiscated by the police. To avoid this, consumers should only purchase products from reputable manufacturers.
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