Is CBD Legal in the UK? (An Update for 2023)
In short, CBD oil is legal in the UK. However, there are big changes in the laws around CBD coming into effect this year.
With the CBD market expected to be worth just under £1 billion in 2025, the government is naturally looking to make sure it is effectively regulated.
What are the Current Laws Surrounding CBD?
CBD in the UK is classed as a novel food product because it is a new food product introduced into the EU since 1999. Other products in the same category include chia seeds and sugar cane fibre. For CBD to be classed and advertised as a medicine, it must have a license. Therefore, the majority of CBD in the UK is sold as a food supplement or food product. CBD flowers are illegal in the UK.Â
Isn’t Cannabis Illegal in the UK?Â
The answer is that it depends on what type of cannabis you are asking about. Let us explain.
A quick guide to cannabis – Cannabis is a very broad term that refers to the plant species. There are two main types of cannabis plants: marijuana and hemp.
Marijuana is the type of cannabis people use to get “high”. It is often smoked and has a bad reputation. Marijuana is illegal and only obtained on the black market.
Hemp on the other hand is another type of cannabis plant but it does not produce the same effects as marijuana when consumed. Hemp is very low in THC which is the compound that makes a person high when using marijuana.
Because hemp lacks THC or is poor in THC, it is rich in other cannabinoids like CBD. Legal CBD in the UK and EU comes from hemp and to recap, hemp is a type of cannabis and marijuana is a different type of cannabis. Hemp is legal, marijuana is not.
At Pure Organic CBD, all of our products are sourced from legal hemp plants. That means we can only have 0.2% THC content which is far lower than the amount needed to get high. In contrast, some marijuana plants can have up to 50% THC content.
To answer the question of is cannabis legal in the UK, the answer is hemp is legal and marijuana is not. Meaning CBD is legal as long as it is sourced from the hemp plant and low in THC.
Is it Legal to Produce CBD in the UK?
It is currently illegal to cultivate CBD in the UK. It is legal to cultivate industrial hemp as long as you have a Home Office license.
However, the good news is that it is legal to sell CBD which has been processed and imported from other countries where growing CBD is legal.
Most CBD brands import their products from France, Guernsey, Switzerland, Croatia, Portugal or certain US states.
At Pure Organic CBD we import our CBD from the lush pastures of the Swiss Alps, historically known for their restorative health benefits.
Are the Current UK CBD Laws Working Effectively?
At the moment the UK CBD market is not strictly regulated as companies do not require a license to sell them for non-medical purposes. This means that companies regularly falsely advertise products. For more on how to select a safe and effective CBD read our article how to find high quality CBD oil.
The Centre for Medical Cannabis (CMC) tested thirty UK CBD oils from companies and found that 38% contained less than half their advertised CBD content. They even tested one £90 product and found that it contained no CBD at all! 40% of the products they tested contained more than 0.4% of THC making them illegal in the UK.
All of this is even more reason why the CBD industry in the UK needs better enforcement of regulations. A publication by the FSA of an approved CBD list is highly anticipated. Brands who did not make the list will be barred from selling their products in the UK.
What Do the Authorities Say Exactly? ( And what do we think about it?)
Today the FSA states on their website the following:
“We expect companies which have not applied for authorisation or those rejected from the process to withdraw their products from the market voluntarily. If this does not happen, local authorities can use the list to inform their enforcement decisions. It is also available for retailers to know the status of their suppliers.”
Our take on it is, this is not exactly the level of enforcement we’d expect. Leaving everything up to the merchants and distributers sort of creates a very “grey marketplace”. The ultimate job of the FSA is to protect people from buying poor products. We can assume that this is round 1 of tightening the controls with restrictions being enforced more tightly in the years to come (if at all).
Looking to Buy CBD that is 100% Legal? Start with our Favorites
How do You Know if Your CBD is Legal?
It’s important to make sure your CBD company provides 3rd party lab reports for each product. COAs or certificate of analysis is the first step to know if you are actually buying CBD. An authentic COA features a QR code which the reader can scan and find the COA published on the testing facility’s website and allow you to know the exact composition of your product.
At Pure Organic CBD all our products have an individual lab report available so you will always be sure what you are consuming. All lab reports are published on the product pages and QR codes are present on the lab report.
Another way to avoid consuming unwanted substances is to buy Certified Organic CBD. This means you can be sure your product is free from pesticides and toxins. Our CBD oil is grown and cultivated in Switzerland by growers with decades of collective experience ensuring that you’re ingesting only the best natural product.
What Legal Changes are Happening this Year?
After 31st March of 2021, producers of CBD must have a validated or approved novel food application. Only those products with a validated application will be allowed to be sold in the UK after this time.
No new consumable CBD products have been legally allowed to launch in the UK since 13th February 2020 without a license. This new policy aims to control the market much more tightly as products will have to undergo full chemical analysis and a toxicological evaluation.
In 2022, we are still largely waiting for additional information. The market has become a bit more dynamic with the addition of adaptogens, which is a buzz-word for herbs thought to have beneficial compounds to deal with stress etc. CBD products fall into this new category but it also includes things like psilocybin which is the active ingredient in hallucinogenic mushrooms.
Although much more research is needed to fully asses the safety profile of these products, regulators will have their hands full in 2022.
Is the CBD market Affected by Brexit?
In November 2020 the European Court of Justice ruled that CBD is not a narcotic which suggests legislation is moving in the right direction in Europe.
However, Brexit is causing problems for the CBD market in the UK. Currently many companies import their CBD from Europe as they are not able to legally produce their own.
These products are being held up at the border. CBD products do not fall clearly under any of the current tariff categories and this is causing problems for UK firms.
In 2022, after shipping thousands of products to the UK direct from Switzerland, that the process is now becoming more streamlined. What used to take a week now can happen in just a few days. What you may see is prices rising in the UK based on additional costs.
This encourages us to inform the CBD customers! Now more than ever, companies are trying to use every tactic to charge you more for bad or cheaply produced products. Be sure to read some of our essential articles to be well informed and get the best results possible.
Are there Further Changes Expected in the Future?
Cannabis and CBD legislation is a regular topic of political debate within the UK.
Some within the industry advocate a change of growing laws in the UK which would enable the product to be monitored throughout its development process.
The current UK government does not seem likely to loosen restrictions on CBD and cannabis in the near future.
In 2019 the Labour Party indicated its support for increasing the availability of clinically prescribed cannabis. However, the current leader Keir Starmer says he does not support the decriminalisation of the possession of cannabis. Whilst cannabis laws and CBD laws are very different, this indicates that there is likely to be a significant change in CBD law in the near future.
Recently there has been news that the Government wants to create a specific exemption in the Misuse of Drugs Regulations 2001 for CBD products, which would ensure that all CBD products must contain no more than a defined trace percentage, between 0.01% and 0.0001%, of other cannabinoids.
This would mean that full spectrum products in their current form would become illegal. This change has not yet been confirmed and we will keep you updated on any future developments.
It is worth noting that the CBD industry in the UK is expected to rise to nearly £1 billion by 2025. This shows a lot of confidence in the market to overcome restrictions. There is also a high demand for CBD forcing regulators’ hands.
Can I Legally Buy CBD From Pure Organic CBD?
Yes! All of our CBD oils are perfectly legal to buy and travel with. If you are new to CBD oil and concerned about the legalities, you need to be buying from a reputable company like ours. Here is why:
- All of our CBD oils have been through the strict Novel Foods Process meaning we maintain the highest standards when it comes to purity and potency. Not ever company can say this and if we are talking about legalities of CBD oil then it is important to know that EVERY CBD company needs to be Novel Food Compliant as of March of 2021.
- We have lab reports that are filed with the authorities proving that all of our products are within the legal limits for sale.
- Bio-Suisse Certification. This is a big one! All of our products have been certified from Bio-Suisse, the highest governing body for organic products in Switzerland. Don’t take chances with companies that have oils of unknown origin.
Summarising: CBD is Legal in the UK
The great news is that our CBD products are all completely legal and approved for use in the UK. Our producer is fully licensed and our products will continue to be available beyond the 31st March deadline. 3rd party lab reports are available for all of our products so you will never be consuming anything other than what you purchased. There is a risk that unregulated CBD companies will permanently damage the reputation of all CBD products. At Pure Organic CBD we believe in our products and are proud of them. We urge you to shop from a legal, licensed CBD company so that you can feel the benefits of CBD. Trust us, you’ll feel the difference!
If you have any questions please get in touch with us! You can also take our quiz to find out what strength of CBD oil you should take!
