08 Jan WARNING. So-Called ‘Indica’ CBD Products Are Illegal.

Posted at 17:59h in Law, Medicine, News by Peter Reynolds 30 Comments
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Any CBD products marketed in the UK as derived from ‘indica’ cannabis are illegal and you could be prosecuted for possession, importation or supply as with any other form of prohibited cannabis.

The situation which started last October with the MHRA trying to shut down marketing of CBD products arose because of irresponsible, cowboy companies making medicinal claims about their products.  It was well understood by all professional CBD companies that this would cause problems and indeed it has. Only the intervention of CLEAR and the formation of the Cannabis Trades Association UK has saved the market from collapse.

We are deeply concerned to see that at least one company is now advertising some CBD products as derived from indica cannabis grown in the Netherlands. This is unlawful.  The only cannabis strains that may be grown as industrial hemp and therefore used to produce exempt products are on the EU approved list. There are no indica strains.

You have been warned.  Please do not endanger yourself.

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  • In the US it’s the same; only hemp cbd (cannabis sativa) is allowed to be sold across state lines. No marijuana derived products are legal federally.

  • One thing I don’t understand is that , Is the new law about Industrial Hemp or Indica Hemp ?

  • Levi Kram

    All EU approved hemp strains are indica dominant. How else is it possible to get low THC and high CBD?
    Is this really coming from CLEAR?

    • You’re incorrect. All EU approved industrial hemp strains are sativa

      • Levi Kram

        All cannabis strains ever and all over the world are Cannabis Sativa. yes, but the strains that have low THC and high CBD are indica dominant. You really have NO idea do you?

        • Levi Kram

          Use wikipedia for god sake.

      • Levi Kram

        He Peter, about your “independent article” How the HECK is it possible to make a CBD product from an Indica Strain? Please tell me.

  • Martinho

    i think you are wrong the phenotype is called cannabis sativa l- but after its is divided in 3 sub species sativa, indica and ruderalis, in case on hemp strains with 0.3 usa 0.2 europe max level of thc are mostly hybrids of sub. sativa with ruderalis due to its fibre and seed production, and growing conditons, but there isnt any law prohibiting the indica strain if it has the thc limit, It isnt used due to its characteristics not because of the type (http://www.alternet.org/drugs/whats-difference-between-hemp-and-marijuana)

    • It’s very straightforward. To be legally classified as industrial hemp in the EU, strains have to be on the approved list. There are no indica strains on the list.

  • Lacey Peachey

    Is this why nabilone is no longer available, I understand this is a synthetic form of cannabis but I am concerned that a person who has been prescribed this medication (on the free NHS script) and been taking it for 18 years suddenly can not obtain the drug any more and has been offered no replacement, is this normal? whats the deal? would really appreciate it if somebody could possibly fill me in or advise me. This guy is in constant pain now ad has been trying to source nabilone for over a month. Is it no longer made and distributed in the UK?

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  • Wearewakingup

    Why are they illegal if the proper process has been met and they contain an amount of THC that is lower than the required amount by law?
    Also, this said company still advertises and sells this product currently 9/4/18. Surely if it was illegal some action would have been taken by now?

    • They are illegal because in order to be exempt under the Misuse of Drugs Regulations 2001 a product must be derived from industrial hemp grown legally under licence. To be classified as industrial hemp, the strain must not only be under 0.2% THC in the growing plant but also from a list of approved EU strains. There are no indica varieties on that list.

      • fart box

        CBD doesn’t fall under the misuse of drugs act you stupid ******.lol what a *****

        • Correct, CBD is not a ‘controlled drug’ but cannabis is and any product derived from cannabis is unlawful unless it complies with the specific criteria set out in the Misuse of Drugs Regulations 2001 as explained in the article.

          As for your abusive language and attitude, everything that needs to be said is well expressed by your choice of pseudonym.

          • Peter Simmons

            LOL yes!

  • David oldfield

    How come CBD brothers sell indica products online in the UK if it’s elegal?

    • CBD Brothers also sells products containing illegal amounts of THC. Suggest you ask the company itself but I have no doubt that there will be a knock on the CBD Brothers door very soon. Let’s just hoppe that it doesn’t drag customers down with it as well.

      • fart box

        no they don’t you stupid ****

        • Jason Compson

          yes they do , they work in Spain and are not full legal to sell in shops due to not have the correct labeling on the bottle

        • Peter Simmons

          Are you capable of debating an issue without resorting to ad hominem? Perhaps you have a limited vocabulary?

      • Peter Simmons

        How come? My understanding is they source CBD oil from industrial hemp.

  • WindyWeather

    What a load of bollocks! If it were illegal CBD brothers would have been shut down long ago – they have been tested time and time again – I just wish they’d prosecute you for defamation for spouting lies all the time! Get it in your head CBD is CBD ffs!

  • I’m very familar with all aspects of the law TC. There are no indica strains in the EU commom catalogue , therefore none that can be licensed as industrial hemp and therefore none that can be termed exempt even if they comply with all three points of the definition.

  • TC

    Hi Peter, i guess we will have to respectfully disagree as there is no requirement under UK law for products made from the genus Cannabis to be derived from industrial hemp and the MDA and MDF take precedence over EU legislation.

  • Granjacia

    Essentially hemp and products like hemp oil that may or may not contain naturally occurring low levels of CBD have a history of consumption (HOC) in the EU (foods and supplements) and so are permitted on the EU market in food and supplements. Hemp oil that has not been processed to increase the level of CBD is one of those derived products permitted. However, where there has been any process used to increase the level of CBD relative to the naturally occurring content, such products would require an authorisationas novel food for use in any food or supplements. Of course pure CBD or similar products natural or synthetic would also require novel food authorisation.

    By definiition the only legit way is using stcok from the opre 1997 certified list as these are foods that have been in distribution more than 30 years and extract in whole form only.

  • Peter Simmons

    So what’s ‘Good Hemp’ oil sold in Tescos?

  • Debbie G

    I know of a very good company that is marketed in the UK, that is water soluble and legal. It’s not the indica strain but has properties to help with the aches and pains we all experience as well as make you feel more balanced and happier.