In recent years, cannabis wellness has taken on a whole new lease of life in the UK and further afield – a movement largely spearheaded by cannabidiol (CBD). This non-intoxicating cannabinoid has gained incredible popularity thanks to its many perceived health and wellness benefits. As such, CBD has become an increasingly common ingredient in a wide range of products. However, there is one CBD product that continues to raise confusion and controversy in the UK: CBD flower.
Consumers can now easily purchase CBD oils, CBD edibles, CBD vape products and many more options through online shops, pharmacies, health shops, and even supermarkets. To a lesser extent, CBD flower can also often be sourced easily in both in shops and online.
Despite ongoing confusion (often fuelled by their uncanny resemblance to THC-rich cannabis buds) there are a large number of retailers offering ‘CBD flower’ products. But does this mean that CBD flowers are legal in the UK? Well, not exactly.
In defence of these retailers, UK laws regarding CBD products are not always as straightforward as they should be. With this in mind, we’re taking a look at all the facts, as well as the outcomes of some recent cases involving CBD flower, to get to the bottom of this often misinterpreted legislation. So, let’s start at the beginning…
What is the law around CBD?
Under current legislation, CBD (and a number of other non-intoxicating cannabinoids) are legal in the UK as they are considered exempt from the Misuse of Drugs Act in its application to cannabis. As stated by the Misuse of Drugs Regulations 2001, a CBD product will be exempt if it satisfies three limbs of the regulation:
- the preparation or other product is not designed for administration of the controlled drug (i.e., THC) to a human being or animal;
- the controlled drug in any component part is packaged in such a form, or in combination with other active or inert substances in such a manner, that it cannot be recovered by readily applicable means or in a yield which constitutes a risk to health; and
- no one component part of the product or preparation contains more than one milligram of the controlled drug…
Under these conditions, and in accordance with Novel Foods certification, CBD products can be legally sold and consumed in the UK. However, these regulations are not applied to CBD flower in the same way as CBD oils, edibles, and other products. Other legislation needs to be considered when understanding the legality of CBD flower in the UK.
What is CBD flower?
Also known as CBD buds, CBD weed or hemp flower, CBD flower refers to the leaves and buds of the hemp plant. They are so-called due to their high CBD content (typically around 13-15%) and low THC content (under 15) which is often characteristic of hemp cultivars.
CBD flowers are visually identical to other cannabis flower products, making it difficult to differentiate between the products. They can also be consumed in the the same ways as high-THC cannabis, including smoking, vaping, and via edibles. While hemp can be legally cultivated in the UK, this comes with strict conditions.
Is CBD flower legal in the UK?
Crucially, in order to be legally cultivated in the UK and the European Union, hemp plants must contain a maximum limit of 0.2% and 0.3% THC, respectively. Some countries outside of these jurisdictions may permit hemp plants to contain higher concentrations of THC (Switzwerland currently has a 1% THC limit).
So, if it is legal to grow hemp (with a license) in the UK, and hemp flowers contain less than 0.2% THC, does this mean that CBD flower is legal? The short answer is ‘no’.
Unfortunately, not all parts of the hemp plant are treated equally – even those grown under the conditions above. This is clearly stated in the Misuse of Drugs Act 1971 which defines “cannabis” as a controlled substance. It states:
“cannabis” (except in the expression “cannabis resin”) means any plant of the genus Cannabis or any part of any such plant (by whatever name designated) except that it does not include cannabis resin or any of the following products after separation from the rest of the plant, namely—
(a) mature stalk of any such plant,
(b) fibre produced from mature stalk of any such plant, and
(c) seed of any such plant;]
“cannabis resin” means the separated resin, whether crude or purified, obtained from any plant of the genus Cannabis;
Essentially, this means that the mature stalks, fibres, and seeds of the hemp plant may be harvested and utilised in the UK. However, all other parts of the plant, including the leaves and flowers, remain controlled parts of the plant – regardless of their CBD or THC content.
In case there was any confusion emerging from this legislation, the Home Office has also released guidance on industrial hemp licensing (updated 22 November 2023). It states that Home Office licenses for industrial hemp cultivation “does not allow for use of ‘green’ material – i.e., the leaves and flowers as these are controlled parts of the plant.”
UK-grown hemp in CBD products
This also means that, while it is legal to produce CBD products in the UK, this cannot be done with UK-cultivated CBD. Instead, farmers are forced to destroy the most CBD-rich (and potentially, most lucrative) parts of the plant while CBD companies import the same products from overseas – most commonly Europe and the United States.
But as baffling as these rules are, they do exist. So, why is there still so much confusion surrounding CBD flower in the UK? And why are so many retailers still flouting the law and openly selling CBD flower?
Is there a CBD grey area in the UK?
Many retailers and consumers alike often believe that CBD flower is legal in the UK so long as it contains less than 0.2% THC – the limit applied to industrial hemp cultivation. This is not the case.
In a recent article by ITV News, a spokesperson for the government stated that flowers of the cannabis plant are controlled under UK legislation irrespective of THC content – a stance that the government has no plans to amend. However, the fact remains that the current legislation isn’t quite as clear (or as sensical) as it could be.
Even the government appears to have conceded that more clarity is needed, as a spokesperson noted that it “will be providing greater clarity for responsible suppliers by introducing defined limits on the controlled drug content of consumer CBD products.”
And yet, the confusion doesn’t end there. In 2023, a “landmark” ruling by the Court of Appeal, following an earlier ruling by the Crown Court, upheld that CBD flower is not a narcotic – or at least, it wasn’t when the owners of an online CBD flower brand, Uncle Herb, were trading in 2019. At the time, the UK still hadn’t left the EU, meaning that EU law superseded UK law on the issue of the free movement of goods – including CBD flower.
However, this is no longer the case from the 31st of January 2020 (when the UK officially left the EU). While this ruling remains interesting, there is no guarantee that it will be considered in future cases concerning CBD flower in the UK.
Final thoughts
There remains a lot of confusion and a lot of opposition to the UK’s stance on CBD flower (and hemp cultivation in general). Nonetheless, legislation states that, once separated from the hemp plant, CBD flower is to be treated the same as any other illegal cannabis product, regardless of THC content. As such, the harvesting, supply, and possession of CBD flower remains illegal in the UK.
Until the government decides to re-evaluate its current approach and distinguishes between low-THC and high-THC cannabis, all CBD flower available on the non-prescription market should be considered illegal. Unfortunately, it appears that it has no plans to do so in the near future. Therefore, the only way to access legal cannabis flower products in the UK is with a prescription for medical cannabis.
