08 Jul WARNING. CBD Flowers, Buds, Weed, Hash Are NOT Legal In The UK.
This is an extremely serious warning which people need to take seriously. Both CLEAR and the Cannabis Professionals (CannaPro) trade association have independently dealt with several people who are being prosecuted for possession. The law treats these products exactly the same as any other cannabis. It makes no difference what the THC level is, it is a class B drug and the penalty for possession is up to five years in jail and an unlimited fine.
The confusion arises because of the misunderstood idea that the legal limit for THC is a maximum of 0.2%. This is the limit for a low THC cultivation licence for what is defined as industrial hemp – but you still need a licence! Without the licence the law regards industrial hemp exactly the same as the highest THC cannabis that the tabloids would describe as ‘super strength skunk’.
Products ‘derived from’ industrial hemp such as CBD oil or hemp teas can be ‘exempt products’ but there is yet more confusion here. The THC limit in these products is not 0.2% because, self-evidently, when you extract oil from a low THC cannabis plant you concentrate the THC. The limit in these products is 1mg of THC per container. It doesn’t matter how large or small the container is, the limit is 1mg. That limit also applies to the other ‘controlled drug’ found in such products, cannabinol (CBN). ‘Exempt products’ must not contain more than 1mg of THC and/or 1mg of CBN in any single container. The law that defines this is the Misuse of Drugs Regulations 2001. 2.(1)(c).
There are a number of websites offering these products for sale and, notoriously, one particular shop in Portobello Road. Whilst these sellers may well misunderstand the law, ignorance is no defence. It is almost inevitable that sooner or later one or more of these sellers will be prosecuted and go to jail.
An email seeking confirmation of the position from the Home Office was replied to as follows:
“Thank you for your email.
I can confirm that the leaves and flowers of the genus Cannabis are controlled and defined as cannabis as outlined in Section 37(1) of the Misuse of Drugs Act 1971
“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;”.
Once the separation of the stalk and seeds from the plant has occurred it will not be defined as cannabis. This also extends to the fibre produced from the stalk.
Regards
Jill Frankham
Senior Compliance Officer
Drugs & Firearms Licensing Unit”
Wendy Goodwin
Posted at 12:20h, 09 JulyDissapointed that Paul Fylnn’s bill didn’t get its second reading but the Government has no intention of letting it go through until GW are ready until they have got the European Medical Board.OK. It is about big business not poorly children or adults who would benefit from this complex medicine. I urge all GP,s, consultants, neurosurgeons, cancer doctors to put in an application for a licece to prescribe cannabis. I give my dogs CBD oil a food supplement from Scoltland already there has been a reduction in my dogs skin tag very close to her eye. I don’t need proof I can see it. The CBD’s are allowing her body to heal itself by giving her Endocannabinoid System time to moderate her immune system. It might have been quicker using an oil with a larger THC content! I don’t want cannabis legalising but decriminalising. Why should I have a licence to grow a couple of cannabis plants but not for my fruit trees that I can turn into alcohol,a far biggers killer and destroyer of lives than cannabis is. Theresa May has used BREXIT as an excuse to her break promises to thousands of others who need it to have the law changed quickly whilst she benefits from her husabands 22% of GW. Yes, Alfie has his for life on NHS ang Jamie will get the same but without the help of others it would not be known about. We need to educate people in schools,colleges,Universities and Medical Schools about the Endocannabinoid System so that they can understand how the cannabis molecules replicate the endognous chemical and make the system work.
Cel Loggs
Posted at 15:02h, 09 JulySome online shops do Vacuumed sealed packaging.
Peter Reynolds
Posted at 15:18h, 09 July100% sure. The law is absolutely clear. I am adding the text of an email received from the Home Office to the article for further clarification but it’s all in the MoDA 1971 and MoDR 2001
” Thank you for your email.
I can confirm that the leaves and flowers of the genus Cannabis are controlled and defined as cannabis as outlined in Section 37(1) of the Misuse of Drugs Act 1971
“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;”.
Once the separation of the stalk and seeds from the plant has occurred it will not be defined as cannabis. This also extends to the fibre produced from the stalk.
Regards
Jill Frankham
Senior Compliance Officer
Drugs & Firearms Licensing Unit”
Cel Loggs
Posted at 16:07h, 09 JulyThanks Peter for the info m8. Back to the black market for now 🙁
T. R. Smyth
Posted at 20:26h, 13 July“Are being prosecuted” – it would be fascinating to see what a jury would make of this with a well defended defendant.
Also, could some element of the human rights act be brought in, considering this seems to be the equivalent of possessing some camomile tea.
Peter Reynolds
Posted at 09:04h, 14 JulyThere isn’t any defence! The issue of THC level is irrelevant in law. Its only relevance is in what type of licence you need but if you haven’t got a licence all cannabis is the same and attracts the same penalties.
T. R. Smyth
Posted at 07:59h, 15 JulyGiven that cannabis is banned on the basis of it being an intoxicating drug. It seems bizarre that prosecutors would seek, or succeed in, prosecutions of people possessing a substance that is essentially free of intoxicants. What about a strain with 0% THC.
A case like this, with a high profile lawyer, could become a cause celebre that furthers education and debate on the legalisation/decriminalisation of cannabis in general.
A certain level of THC could become legalised, and a higher level, essentially decriminalised.
I read that the police are already spending much less time on pursuing low level cannabis possession charges. Considering they barely have the time to investigate burglaries, can you give specific examples of the police forces that are focusing on non toxic flowers ?
Because clearly these issues need to be brought into the court of public opinion, as well as as possibly a human rights court. Just because a civil servant issues an edict, does this mean it will hold up to the scrutiny of the Human Rights Act ?
Conor
Posted at 23:39h, 13 July“Once the separation of the stalk and seeds from the plant has occurred it will not be defined as cannabis. This also extends to the fibre produced from the stalk.” So if the flower doesnt have seeds or stalk then it isnt classed as cannabis?
Peter Reynolds
Posted at 09:02h, 14 JulyUnder this strand of the law it is the stalk and seeds, once separated from the plant, that are not regarded as cannabis. Growers have been requiured to destroy leaves, flowers, etc remaining
MudShark
Posted at 06:26h, 19 JulyOnce the flower is removed from the talk then it is classed as cannabis
MudShark
Posted at 06:29h, 19 JulyNo, once the flower is removed from the stalk and seeds then it becomes cannabis.
Peter Reynolds
Posted at 15:58h, 14 JulyHemp tea is ‘derived from’ industrial hemp and therefore, provided it complies with the other criteria, can be an ‘exempt product’.
I know it’s stupid. I don’t make the law but if you take the flowers and leaves and chop them up it can become legal but unchopped they are classed as the class B drug cannabis and are illegal.
You may be able to get a licence to import the industrial hemp and process it into tea.
Conor
Posted at 16:07h, 14 JulyInteresting, so in theory if i were to wrap the chopped herbal tea in a hemp rizzla and say its packaging for the tea and needs to broken apart and emptied, i can sell what looks like a joint and in theory can be smoked, but market it as something that is not to be smoked.
MudShark
Posted at 06:49h, 19 JulyStupid laws are there to be broken and i will carry on doing just that. Happy toking guys!
Nigel Winterbottom
Posted at 18:43h, 26 JulyFirstly, WoW and Secondly Ha Ha Ha pmsl. Right, with that out of the way, lets move on to the opening title …..
‘WARNING. CBD Flowers, Buds, Weed, Hash Are NOT Legal In The UK’ he he he yes because you read about it all the time in the papers; Man caught smuggling 1.2 million pounds worth of hemp gets 22 years, ‘The hemp wars in the east end of London’ , ‘Family killed by father in a hemp rage’ , Police arrest man in late night pub stabbing hemp row’, ‘Gang of 5 sentenced to total of 120 years for 50 billion dollar hemp smuggling plot’ ‘Man found guilty of being 10 times the legal hemp limit whilst driving down the M6 – Arrrh the list goes on and on. I’d love to go to court to see one of these hemp prosecutions that are mentioned in the open paragraph and which begs the question:
Have’nt the police got better things to do, for instance getting the REAL harmful drugs off the streets??? Crack Cocaine, Heroin, MDMA for starters would be good, maybe catching a few paedo’s, rapists and murders along the way would also be handy.
What next?? Man arrested for growing tomatoes in greenhouse?? but chop the tomatoes up for a curry and it’s a legal curry?? PATHETIC
When it all comes down to it, it’s pretty simple ‘HEMP’ ain’t a drug and never will be …
sceanario 1
Im driving down the road, been smoking the hemp flower allday and all night (in fact I’ve smoked well over 10 grams worth). Get pulled over by the police, they smell the flower arrest me and take me back to the station for a drug test
Test results for cannabis come in: a big fat NEGATIVE
sceanario 2
Im driving down the road, been smoking the cannabis flower allday and all night (in fact I’ve smoked well over 10 grams worth).Get pulled over by the police, they smell the flower arrest me and take me back to the station for a drug test.
Test results come in: POSITIVE
Result:
Charged with driving under the influence of a controlled substance
Banned for 3 years
ordered to pay £300 court costs
100 hours community service
So your saying that THC doesn’t matter ??? I respectfully disagree !!
Peter Reynolds
Posted at 14:23h, 28 JulyYou’ve completely missed the point. All your arguments may well be correct but they are irrelevant to the fact that cannabis is a class B drug irrespective of its THC level. You may well pass a THC test but you won’t beat a possession charge.
MudShark
Posted at 05:51h, 30 JulyBritish law is all about precedent, until someone gets arrested for CBD flower, goes to court and the court makes a ruling then no one knows.
Peter Reynolds
Posted at 10:19h, 30 JulyThe law is crystal clear. Cannabis is is a class B drug. There is a provision for some ‘exempt products’ under MoDA 1971 but raw, unprocessed cannabis flowers do not meet it. It makes no difference whether you call them hemp or what their THC content is.
CLEAR is aware of at least six prosecutions for possession of ‘hemp’ flowers and at least one retailer is presently under investigation for supply.
Christopher Paul Streeter
Posted at 08:23h, 04 AugustYou talk about cannabis but have you spoken about industrial hemp? A legally licensed product on sale in the UK and taxed by the UK government? Which is fundamentally what you are writing about?
Peter Reynolds
Posted at 09:32h, 04 AugustIndustrial hemp is merely a term for a group of strains of cannabis that are in the EU common catalogue of agricultural plant species and prodcue a maximum of 0.2% THC in the growing plant.
Cultivation, possession or supply of industrial hemp carries exactly the same penalties as any other variety of cannabis unless you have a licence.
Amanda
Posted at 19:38h, 25 AprilHi Peter, so are processed flowers exempt? As you said here that unprocessed ones are not?
Peter Reynolds
Posted at 10:45h, 26 AprilNo, they are not exempt. Cannabis, even if it has zero THC, can never be exempt because cannabis itself is a controlled drug with exactly the same legal status as THC.
Debbie Garrett
Posted at 20:21h, 26 Juneaccording to the misuse of drugs act (amendments) (cannabis and Licence fees) ( England , Wales and Scotland) regulations 2018
2018 No.1055
6.2
in part 2 of the schedule to the 2015 designation order and schedule 2 of the 2001 regulations, with the effect that these products now become available for medicinal use without the need for a home office license . this instrument also , by new regulation16A, imposes additional controls on the order and supply of these products for the purpose od administration (whether to humans or others) and maintains the prohibition on their use by smoking, except for research purposes .
further information on the definition of ‘cannabis-based product for the medicinal use in humans’ and access limitations are provided in paragragh 7.
also
in the
Cannabis Scheduling Review
Part 1
-3.1 (b) 3.1 This review uses the terminology ‘cannabis based medicinal products’, this
encompasses:
a) cannabis – a broad term used to describe organic products (e.g., cannabinoids,
marijuana, hemp) derived from the Cannabis genus of plants;
b) cannabinoids – a class of diverse chemical compounds that act on cannabinoid
receptors (CB1) in cells that alter neurotransmitter release in the brain, spinal
cord and peripheral nerves. Cannabinoids can be naturally derived from the
cannabis plant, or manufactured. Non-psychoactive examples currently within
Schedule 1 include cannabinol and cannabidiols. It does not include cannabidiol
(CBD) as this is not a controlled drug and therefore is not in Schedule 1.
Peter Reynolds
Posted at 21:03h, 26 June1. Yes, they’re schedule 2 provided they are prescribed by a specialist as defined and comply with the other criteria in the regulations. Are you suggesting this, in any way, supports the legal sale of low-THC cannabis? That’s what these buds, flowers, whatever you want to call them, are, in law.
2. Yes CBD, the molecule, is not controlled. This is first base. What’s your point?
Debbie Garrett
Posted at 12:04h, 27 Junei was seeking your view on whether cbd/cannabinoid flower/hemp/stalk/seed is illegal only if it is to be smoked or inhaled. i have searched and searched through the home office and direct gov and can only find that these are illegal to smoke, and that guidance to control this is not due to be released until october 2019. i have also emailed the home office and i am awaiting there reply.
Debbie Garrett
Posted at 12:11h, 27 Junealso how can this be controlled i am not arguing any facts i am purely pointing out what i can not find information on. What about these couriers delivering them to customers or shops or cafes, are they breaking the law by delivering them. There just isn’t enough documentation to cover or prove any of this. They are not legal in the UK but not legal in what form . None of it makes sense
Peter Reynolds
Posted at 14:12h, 27 JuneCannabis is an illegal class B drug. See the Misuse of Drugs Act 1971. You are confusing the new regulations for prescribing cannabis with the general prohibition.
Peter Reynolds
Posted at 14:13h, 27 JuneIt’s all fully documented in the Misuse of Drugs Act 1971, the Misuse of Drugs Regulations 2001 and all supplementary updates
Christopher Paul Streeter
Posted at 08:20h, 04 AugustWhat did you email them? Did you ask about cannabis levels or industrial hemp? Seem a misleading
Christopher Paul Streeter
Posted at 08:25h, 04 AugustAnd cannabis is no longer as class B as it’s been downgraded.. Like industrial hemp is in process of being upgraded to 1% THC.
Peter Reynolds
Posted at 09:29h, 04 AugustThiis completely incorrect information Christopher. No truth in this at all.
anarchy3325#6981
Posted at 09:33h, 15 DecemberYou are so wrong sir. I have just looked myself at the goverment site Christopher is talking about and cannabis isnt even classed, its completely blank
Peter Reynolds
Posted at 12:19h, 15 DecemberI’m astonished that anyone can be so utterly naive. It’s obviously an error and it’s a ‘guidance’ document. Use your common sense and look at the law, the actual classifications and schedules.
Schedule 2 to the Misuse of Drugs Act 1971. http://www.legislation.gov.uk/ukpga/1971/38/schedule/2
Misuse of Drugs Regulations 2001. http://www.legislation.gov.uk/uksi/2001/3998/pdfs/uksi_20013998_en.pdf
Peter Kitcatt
Posted at 20:58h, 19 AugustIf the 1mg per product is true then surely every 10ml bottle of cbd full spectrum oil with more that 0.1%thc is also illegal? If all this is correct then there’s a hell of a lot of illegal products available right now. No? Am I misinterpreting the info? Also it seema insane that flowers or buds are a no go but grind them up and call them tea and that’s fine?
Peter Reynolds
Posted at 10:59h, 20 AugustYou’re correct! That is UK drugs policy and law for you – insane, irrational and not even fuly understood by those who make it or are supposed to adminster and enforce it.
L H
Posted at 16:53h, 22 AugustCould you please tell us which company is being investigated? Probably best for customers to avoid purchasing any products from them in the meantime to be safe. Also, what sentences/penalties have the people receieved who have been arrested for possession? Other people online claik to have had there buds returned to them and i personally saw a company openly selling cbd hemp buds at notting hill carnival last year with the police standing right next to them.
Thank you.
Dez C
Posted at 14:39h, 30 AugustIf not already seen, here is the actual correct information regarding hemp flower law https://www.highandpolite.co.uk/cbdnews/are-hemp-flowers-legal
**Essentially It IS Legal !!**
Not only that a few shops that I have spoken to direct have had visits from the police, with quantity, only for them to leave without any action, apologising..
Also a contact of mine had 100kilos HELD in customs for 14 days, they released it.
Its a shame as I was put off selling this for sometime due to Ctauk warnings going back years.
Scaremongering one thinks, but for what reason???? Hmmm
Peter Reynolds
Posted at 11:14h, 31 AugustPersonally I’m impressed by the argument that trimming, drying and curing is processing and therefore these products, subject to the 1mg rule, could be regarded as ‘exempt’. That is not the story that comes back to me via the CTA’s direct contact with the Home Office.
I am also concerned that the reports of enforcement action that we have received have come to nothing and other reports, which I cannot verify, suggest both police and CPS are not enforcing this.
All I can say at present is that on behalf of CLEAR and its members I am looking at the matter urgently. If the authorities are not acting to enforce a ban on low THC buds then our position and the CTA’s should change to support our members and consumers rather than the authorities.
L H
Posted at 21:11h, 26 SeptemberAny update on clarificafion please Peter?
Alex Cubbin
Posted at 16:22h, 26 SeptemberIf people are being prosecuted for using they must have already recieved a street warning and an on the spot fine for possession or fall into the catotgories for aggrevated circumstances.One of these circumstances (according to RELEASE) is “someone considered to be vulnerable”. My concern is that I use these products to alleviate the symptoms of my disability (ie anxiety) but as this disability means I am a vulnerable person, do I not have the right to a street warning and on the spot fine and am I more likely to be convicted?
Alex Cubbin
Posted at 16:29h, 26 SeptemberAlso hate to get all english teacher on the fuzz but what Jill Frankham wroite was “Once the separation of the stalk and seeds from the plant has
occurred it (THE PLANT) will not be defined as cannabis. This also extends to the
fibre produced from the stalk.”.
Shawn Conway
Posted at 11:39h, 15 OctoberMy body and mind are the inalienable property of myslef. If I want to consume cannabis that is my right. If a person or party tries to tell me what I cannot do with my body then they are claiming ownership of me, slavery is illegal. I am free to do as I wish so as I cause no harm loss or injury to another person or party. As are we all. Unless we are slaves.
Peter Reynolds
Posted at 14:03h, 15 OctoberI think all of us who are cannabis consumers would agree with you but that’s not what this article is about. The point is that the law is so badly drafted, so scientifically ignorant and so vague that no one really knows what’s legal and what isn’t.
Most importantly, naive consumers are being sold products by unscrupulous retailers and website owners on the basis that they are legal when they’re very probably not!
Shawn Conway
Posted at 16:06h, 15 OctoberYou miss the point sir. Government bodies are breaking common law to inforce statute legislation. But you go ahead tagging along so long as it makes you a material living. I’ll be with the free thinking of us who will ultimately save the world
Peter Reynolds
Posted at 16:40h, 15 OctoberSorry Shaun but whilst, I repeat, instinctively I would agree with you, your comment is just incredibly naive. An Act of Parliament is overriding law. Common law is, in any case, always subject to challenge in the courts and Parliament is the highest court in the land, even above the Supreme Court.
In the real world pragmatism rules but in this case you’re also incorrect about which law rules.
Omer
Posted at 13:55h, 06 NovemberOk so I need a piece of advice here – bought a few pre rolled CBD buds ( small amount, 8G) , delivered from London to Ireland, and today I got a an email saying that my “DHL is on hold”. Should I be worried? CBD is completely legal in Ireland.
Peter Reynolds
Posted at 14:15h, 06 NovemberCBD may be legal but cannabis isn’t and your “pre rolled CBD buds” are cannabis. I’m sorry but you’ve been badly misled by whoever you bought these from. They are an illegal product.
Just because there is precious little enforcement going on, it doesn’t mean the law has changed and people are being prosecuted. I’m sorry but these are the facts.
Omer
Posted at 14:45h, 06 Novemberhttps://hempture.ie/irish-kush-organic-hemp-cbd-buds-flowers-now-in-ireland/
Well, so you’re misinformed about the laws in Ireland. CBD buds are completely legal .
Peter Reynolds
Posted at 14:53h, 06 NovemberWhy on earth would you believe what a company selling buds publishes on its website? Are you really that naive?
If you want an answer from the horse’s mouth, I suggest you write to: controlled_drugs@health.gov.ie
Stephen White
Posted at 19:42h, 26 NovemberMaybe its this Fauxabis ive been reading about. Seems this is on the streets of manchester or a similar version https://bedrocan.com/products-services/scientists/ordering-placebo/
Peter Reynolds
Posted at 12:40h, 27 NovemberEven zero THC buds would be illegal under UK law. Cannabis itself is a controlled drug, irrespective of THC content
Tony Straw
Posted at 20:54h, 14 JanuaryIf cannabis is not legal, then why are hemp teas freely available in supermarkets around the UK? As you know, hemp, or industrial hemp (from Old English hænep),[1] typically found in the northern hemisphere, is a variety of the Cannabis sativa plant.
Philip Fry
Posted at 11:15h, 07 NovemberSo if they have a hemp licence, it IS legal? How do you know they don’t have a licence?
Peter Reynolds
Posted at 16:33h, 20 NovemberNo. There has always been widespread misunderstanding about this and I see that it continues. 0.2% THC is the limit in the growing plant for a low THC cultivation licence. As defined in the Misuse of Drugs Regulations 2001 2(1)(c) the limit of THC and CBN in an ‘exempt product’ such as CBD oil is 1mg per container.
This is clearly explained in this article already!
Dave Marcus
Posted at 10:23h, 23 NovemberHi Peter – thanks for your reply – much appreciated.
I understand that the legal limit in the UK is 1mg per container.
What I was trying to articulate is that for those who are taking a product which has been produced legally under a low THC cultivation license (i.e. can contain up to 0.2% THC), and then trying to retail this (where the limit is 1mg of THC per product as opposed to 0.2% THC) then the maximum container size which a 10% solution could be bottled in is 5ml. The maths being as follows: a 5ml tincture filled with an oil containing 10% CBD and 0.2% THC would contain 500mg of CBD and 1mg THC respectively.
Shout if you disagree.
Peter Reynolds
Posted at 11:29h, 24 NovemberYour maths is correct but if there is 0.2% THC in the biomass from which your oil is extracted, there will certainly be more than 0.2% THC in the resulting extract. This is where your theory falls down.
Nathaniel Holder
Posted at 10:37h, 05 DecemberHi I was wondering what the laws are for hemp based products being imported from outside the EU? Do I need a license and is it legal?
Peter Reynolds
Posted at 11:49h, 05 DecemberYes, you would need a licence and if you were successful in obtaining one then you would be able to import legally under the terms of your licence
Nathaniel Holder
Posted at 22:47h, 05 DecemberThanks for the reply. What license do I need too apply for? I will be selling the products as health supplements and not as medicine and they all come with lab tests.
CBD hemp buds, flowers, oils: Are they legal? - Herbal Bubble
Posted at 16:40h, 12 December[…] to be a lot of confusion surrounding the legality of CBD hemp buds in the UK. Websites such as Clear state that hemp flowers are completely illegal, yet there are vast numbers of hemp products for […]
Dave Marcus
Posted at 12:30h, 04 JanuaryPeter, Happy New Year – I hope you had a great Christmas.
In relation to the notorious shop on the Portobello Road which is (knowingly or unknowingly) ignoring the 1mg rule, stocking products which far exceed this level together with other products which contain prescription only products (e.g. Melatonin) – I don’t understand how the self-regulating UK Cannabis community – CTA, Clear or otherwise intend to deal with this?
Clearly the ability of retailer such as these to unfairly offer a wider (and arguably more effective) range of products than their law abiding competitors who do pay attention to the 1mg rule gives them an unfair advantage.
Thanks,
Dave
Peter Reynolds
Posted at 12:51h, 04 JanuaryI know the two people who run Hemp Botanics personally. I used to work as a consultant to their previous, now bankrupt, company UKCBD. When they tried to evade paying my bills and were routinely marketing illegal products we parted company and I successfully sued them for my money, all that is except about £600 which they still owe me.
Neither of them give a damn about the law or their unfair commercial tactics. They don’t just break the 1mg rule, they sell low THC cannabis flowers which are just as illegal as any cannabis flower, the THC level is irrelevant.
Even when cannabis is fully legalised there will still be rules and regulations and penalties for non-compliance. The hopeless hippies who think what they are doing is a form of activism are deluded. Their conduct is immoral, unethical and risks destroying the entire CBD market. It’s rarely that I would wish the police on anyone but these two are in the same category as those that sell drugs to children. Their irresponsible and anarchic behaviour is such that I wish the police would close them down and quickly.
Dave Marcus
Posted at 00:43h, 05 JanuaryIt seems odd that they aren’t being looked into given how well know / flagrant their abuse is. As you say sad that they risk the industry as a result.
Tony Straw
Posted at 21:02h, 14 JanuaryIf cannabis is not legal, then why are hemp teas freely available in supermarkets around the UK? As you know, hemp, or industrial hemp, typically found in the northern hemisphere, is a variety of the Cannabis sativa plant. As far as I understand it, these CBD buds are grown from European Commission approved strains (link here: http://ec.europa.eu/food/plant/plant_propagation_material/plant_variety_catalogues_databases/search/public/index.cfm?event=SearchVariety&ctl_type=A&species_id=240&variety_name=&listed_in=0&show_current=on&show_deleted)
Hemp flower legal or not ? – JRH
Posted at 18:11h, 10 January[…] Posted at 17:28h in Law, News, Press Releases by Peter Reynolds 62 Comments […]
L1
Posted at 19:29h, 13 JanuaryWhy don’t all these people that are against weed just mind there own business about it if people want to smoke weed or cbd weed legal or not there is always going to be dealers selling it no matter what you can’t stop people smoking it or selling it and if stop all the shops selling it cbd weed will still be everywhere on the streets and when cbd weed is helping people more than anything with conditions why go to such lengths wasting police time and governments time on these little petty stupid things and they should put more time into real crime going on no wonder there is much bigger crime happening without justice because all these people complaining about people smoking weed and selling cbd weed everyone can’t have the world how they want it in there own way there are probably more people that smoke weed in this world than the people that don’t and like everyone says why not complain about alcohol like you complain about weed that is because you know they are right with alcohol being more dangerous specially more dangerous than cbd weed but just because alcohol has been legal for how ever long not a word said about that so why doesn’t everyone just mind there own business if someone wants to smoke a nice joint or bong what’s it got to do with anyone else if the people that smoke weed come along and go to extra lengths to try control what you can and can’t do like telling you that you can’t drink vodka and go out there way to try stop that and make it illegal you’s wouldn’t be happy about that though now and would make you angry just stop trying to control what other people are doing just because you don’t do it yourself and are the type of people that wouldn’t even take chances even trying it and everyone I know that smoke weed are much more kind and nicer people than the stuck up people I know that don’t smoke and think they are better than anyone else and only think what benefits themselves and why don’t you go and try cbd weed yourself and see for yourself how bad it really is because you will be proven wrong that it’s nothing compared to how bad alcohol is so why do you complain to everyone and the government about people that are committing real crimes they can actually stop as weed and cbd weed will always be here even if cbd is made illegal itself cbd weed will always still find away all over these streets dealers everywhere I buy myself from one of those websites listed in that pictures and they have always been the opposite of what you say and think always delivered right on time within 2-4days never been more than 3days though I was skeptical at first thinking cbd weed might been very similar to normal weed and was total opposite I even got the levels of thc and cbd and all that sent off tested and result come back as a match to what they say on the website and with what the law says so all you weed/cbd weed haters stop trying to control things as little do you know that most off the street weed that comes into the u.k is brung in by the government then its handed over to the big time dealers for them to hand down to street dealers government makes money by importing the big shipments into the u.k and handing it to big time dealers getting there hands on it so government makes plenty money from importing it over into u.k then when it’s finally onto the street dealers the government makes money from all the busts so the double up on there money from it trust me look into it government controls all the weed that gets imported to this country that goes out onto the streets any number of real time documentaries will tell you the exact same thing too and know from experience the government covers this up but they will never let it stop when they show on the news that they have found a big bust of drugs and it’s top story on the news that’s just a little shipment of drugs they busted on purpose while the bigger shipments are already coming into the country going out on the streets
Mike
Posted at 18:31h, 17 JanuaryPeter – Hemp Flowers are exempt from the misuse of drugs act and completely fine to sell in the UK subject to being <0.2%THC, processed, and sold for tea making purposes. The law is very clear about this but you won't allow this post because it doesn't fit your agenda to spread false information and a biased report
Peter Reynolds
Posted at 18:49h, 17 JanuaryWhat you write is entirely incorrect, irresponsible and dangerously misleading.
If you can produce or cite any legislation, guidance or Home Office/government publication that supports what you write, please do.
If, as you write, “the law is very clear about this”, then please show or link to where it is very clear.
As for your nonsense about not allowing the post or my “agenda to spread false information and a biased report”, that’s a pitiful conspiracy theory worthy only of some teenage stoner.
Amanda
Posted at 19:02h, 25 AprilHi Peter, in 2018, you said processed hemp flowers as tea are exempt from MODA (see below). This is exactly what Biased Report says in his comment which you called “incorrect and irresponsible”. Please clarify?
Peter Reynolds Mod Cram • 9 months ago
“No, it would be perfectly legal as an exempt product provided that it complies with the necessary criteria. Hemp tea is an exempt product. If you choose to vape it rather than brew it that is your business. This has to be shredded leaves and flowers though, not raw, unprocessed hemp.
From this article: https://www.clear-uk.org/facts-cbd-uk-april-2018/
You asked him to cite any guidance proving what he said is true – So I am citing your own comment 9 months ago.
Peter Reynolds
Posted at 10:43h, 26 AprilYou’re correct. I was myself convinced of the ‘processing’ myth at that time and I was wrong. Subsequently I scoured the MoDA 1971 and MoDR 2001 and discovered that there is no mention of ‘processing’, neither the exact word nor anything else that could be interpreted to mean the same thing.
This was yet another entirely false premise, cooked up by I don’t know who but it had become part of a sort of accepted reality and I was suckered by it along with many other people.
But it is a entirely a myth. there is no truth in it at all.
I state what should be obvious yet again – I am opposed to the prohibition of cannabis. I have spent more than 40 years campaigning and fighting against it. The reason that selling these low THC flowers, claiming they are legal is irresponsible is because those doing so are cheating both their customers and other legitimate businesses selling legally exempt products.
I break the law against cannabis every day but I do it with my eyes open. I have not been conned by somebody telling me that what I am buying is legal.
Chris Davies
Posted at 13:17h, 20 JulyHi guys,
Peter is correct. I contacted the Home Secretary Office myself as was looking to open an online store selling CBD flowers. Hemp is a term for cannabis with low THC content but is still Illegal to contain any THC whether it be 0.2% or 1mg per container.
It is dangerously misleading and anyone commenting with speculation clearly do not know the facts and i suggest contacting the Home Secretary Office themselves.
Although the facts are there, i know local shops selling CBD with 0.2% or less THC and have been tested by local police authorities and have been allowed to continue trading so the law is not clear even to the Police themselves so please be very careful.
Peter Reynolds
Posted at 12:42h, 19 January1. Hemp is an entirely meaningless nickname. Cannabis is the only correct term so your idea that because you call them hemp flowers it somehow makes them different is very naive and nothing but nonsese. You may as well call them pot or ganja flowers.
2. THC is a controlled drug, so is CBN but so is cannabis itself. CBD is not. Check the classifications and schedules.
3. The Psychoactve Substances Act 2016 specifically excludes any drugs controlled under MoDA 1971 so it’s completely irrelevant to this discussion.
4. Where does it say anything about “processed” in any of the legislation. Answer: it doesn’t.
5. There’s no such thing as a “2012 drugs act” and it’s not illegal to consume CBD for any reason.
Sorry but your comment is inaccurate, misleading and demonstrates you have very little idea of what you’re writing about. Previously you wrote that ” The law is very clear about this” but now you’re writing “The law regarding hemp buds is a real grey area and is not as straightforward as many people would like.”
Biased Report
Posted at 13:06h, 19 JanuaryDear Peter, it seem that you manipulate the language of the law to suit your own perversions. The letter above with reference to hemp flower, of which you actually display no context of what was previously asked or written clearly states (funnily enough) “Once the separation of the stalk and seeds from the plant has occurred it will not be defined as cannabis”
Hmm, do we need to say any more? Also, for your 1mg per container point, you better go to Holland and Barrett and ask them to remove all of their 0.19% THC 30ml Tinctures from the shelves, that’ll keep you out of mischief. But I agree, how dangerous Hemp CBD is! For a gentleman that is an open THC user one finds it rather alarming that you have such issues with hemp, something that is actually good for people in pain and non-psychoactive Anyway, I wish you well.
Peter Reynolds
Posted at 10:37h, 21 JanuaryI won’t be replying to any more of your trolling, You bring darkness not light and confusion where the aim of our work is clarity.
Tom Gibbs
Posted at 14:58h, 23 JanuaryYou and this website are both biased and manipulating the truth.
Peter Reynolds
Posted at 17:09h, 23 JanuaryJust an absurd allegation when CLEAR has been focused on cannabis law reform and has led the UK campaign since 1999.
No one wants to see the law changed more than the members of CLEAR but we also want people to have correct and precise information so they are not misled and their freedom placed in peril by irresponsible traders.
If people choose to buy illict cannabis, that’s fair enough but they shouldn’t be conned into buying something because they are falsely told it is legal.
Ere
Posted at 00:08h, 07 AprilHemp is from the cannabis sativa l strain
Peter Reynolds
Posted at 12:47h, 19 JanuaryHow can cannabis flowers meet the criteria for an exempt product when the key criterion is that an exempt product cannot contain more than 1mg of a controlled drug and cannabis is itself a controlled drug?
‘Biased Report’, whoever you are, you are woefully ignorant and misguided on this subject and your remarks are dangerous because they mislead people into actions that could result in a prison sentence.
Biased Report
Posted at 14:21h, 19 January“Once the separation of the stalk and seeds from the plant has occurred it will not be defined as cannabis”
Peter Reynolds
Posted at 10:36h, 21 JanuaryYou are just being ridiculous. The meaning of this is crystal clear and you seem to be isolated amongst all those who have ever read this to misinterpret and distort it.
The Home Office requires that all flowers and leaves produced through the cultivation of industrial hemp are destroyed.
Peter Reynolds
Posted at 18:57h, 08 FebruaryYeah, sure you do. The Home Office readily hands out licences to people who behave like you.
CBDHempLove
Posted at 17:59h, 16 Februarythanks for the info, but pretty sure hemp is legal even here in Ireland, there are shops selling CBD buds on the streets , yes they did get raider by the police but that was just to check if it had THC in it which was not found.
Peter Reynolds
Posted at 16:01h, 20 FebruaryA licence is required to grow or possess any form of cannabis in Ireland, including industrial hemp.
Hemp is a meaningless nickname. You might as well call it pot or ganja. It’s all cannabis and it’s all illegal.
Peter Reynolds
Posted at 09:22h, 28 MarchIn future, any comments which seek to perpetuate the myth that any type of cannabis flower can be legal will be deleted.
This is dangeous misinformation. There is no such thing as a legal cannabis flower in the UK unless it is prescribed by a specialist doctor.
Chris Stirrup
Posted at 12:01h, 02 AprilWho cares. At the end of the day, if something can help a person in real pain, why are you trying to prevent that? Legal or illegal. Peter you’re on the wrong side.
Peter Reynolds
Posted at 12:12h, 02 AprilNo one at CLEAR is trying to prevent any form of cannabis. We have been campaigning for legalisation for 20 years, longer than any other UK group.
What we’re against is people being conned, misled and cheated by uncrupulous website and retailers claiming that their products are legal. Buying or selling these flowers is exactly the same as high THC flowers.
Ere
Posted at 00:06h, 07 AprilReally?
Ere
Posted at 00:13h, 07 AprilHemp is from Cannabis Sativa Linnaeus strain of cannabis plants
Annabel Park
Posted at 10:56h, 16 AprilThank you for caring about the position others may find themselves in; may I point out, that now they may not claim deniability.
a specific question: If I am to buy cbd flowers from a uk retailer, and they hold a licence to sell legally – do I also need licence to hold 1g of product with much less than 1g of thc per container.
my other question is; since October 2016 and new rules being in place, why haven’t there been prosecutions? shops closing down? there are checks but stock is only taken if its found to have higher thc. So the written text does not match the action taken in real life and this confuses me as to what it is exactly they are trying to implement.
Peter Reynolds
Posted at 11:04h, 16 AprilAnnabel, there has never been any such thing as “deniability”. Ignorance of the law is no defence.
There is no UK retailer that holds a licence to sell any form of cannabis flower.
The 1mg limit in exempt products is not just for THC, it is for any controlled drug. As cannabis itself is a controlled drug, it should be clear to you why cannabis flowers can never be exempt.
The lack of enforcement is something no one can explain except the police. The law is very clear. But then there is a lack of enforcement on burglary, theft from cars and many lesser crimes.
Annabel Park
Posted at 13:51h, 16 AprilActually you’ll find deniability very present within U.K law.
There are instances were people have gone to stations to TRY to be arrested and the police state they cannot.
I suppose until precedent is set; it’s a grey area but your approach is scaremongering, and when the gov website itself hands out licenses to grow the less than 2% thc it’s reasonable to believe possession of such a thing, wouldn’t be criminalised.
No one person will be successfully prosecuted for possession when companies are making pretty pennies from it on a regular basis. It’s obviously time for the work cannabis to be traded for thc in the Misuse Of Drugs Act 1971.
Peter Reynolds
Posted at 15:02h, 16 AprilOh dear Annabel, you seem to be under the mistaken impression that we support the prohibition of cannabis. Of course we don’t. CLEAR has been campaigning for reform since 1999 and I personally have been involved in the campaign since the early 1980s.
You’re simply incorrect about ‘deniability’ whatever anecdotes you may have heard.
There is nothing scaremongering at all about the information we have provided. It is factual and it is important that people understand the facts.
There are no grey areas in this at all. it is very simple and straightforward if you look at the facts of the law.
I agree with you that there are many aspects of MoDA 1971 that would be better changed
Slav
Posted at 16:28h, 18 DecemberCan I just ask, if I have been sent a cbd buds from a cbd company and its been stopped is any of us (sender and me) in trouble ?
Peter Reynolds
Posted at 15:22h, 22 DecemberProbably not. Enforcement is virtually non-existent.
Slav
Posted at 08:38h, 23 DecemberHi, thanks for reply It’s been stopped by DHL and reported to police apparently
Peter Reynolds
Posted at 15:14h, 16 AprilYes, we’ve been in regular communication with solicitors and barristers, including QCs, on all aspects of the law around cannabis for many years.
Challenging or overturning laws is of course impossible without the consent of Parliament. It’s only enforcement that can be changed in the courts and that relies either on someone facing criminal charges to plead not guilty and endanger their freedom or judicial review for which you need a minimum budget of £50,000.
These are circles we have been around many times and we have pursued JR on a couple of occasions as reported in this website.
Believe me, we keep a constant eye out for such legal opportunities.
The problem with all the controversy around cannabis flowers (CBD buds, hemp flowers, whatever euphemism you want to use) is that people are simply fooling themselves. The law is very clear. If you want to break it, go right ahead. I personally break the cannabis law every day. But please, don’t con other peope that something is legal when it quite certainly isn’t.
CBD Cafés: Novelty or Here to Stay? - Herb Reviews
Posted at 16:32h, 14 June[…] a 2018 email from the Home Office, to Peter Reynolds of Clear, it was indicated that any product of the genus Cannabis could be considered as cannabis and […]
Laurence
Posted at 15:24h, 17 JuneI don’t Understand “CLEAR”s position on this.
This is the part of the home office’s reply which you are overlooking
“Once the separation of the stalk and seeds from the plant has occurred it will not be defined as cannabis. This also extends to the fibre produced from the stalk.”
So you take a bud, remove the seeds and stalk and then it’s not defined as cannabis. Therfore buds with no stalk,no seeds and from a strain that has less than 0.2% THC and contains less than 1mg of THC per container meets the legal requirement.
Luca Chana
Posted at 15:34h, 01 JuneThey mean once the CBD is extracted to a concentrate then it’s legal.
Peter Reynolds
Posted at 14:09h, 27 JuneJade,
I am an expert on the subject with more than 40 years professional involvement with the science, medicine, law and politics of cannabis. Quite evidently you are not.
The cannabis plant belongs to the genus cannabis which is one of eight genera in the Cannabaceae family of flowering plants.
Tomato plants belong to the genus solanum from the Solanaceae family.
There is no relationship between the two plants.
I am not against cannabis. I have spent those 40 years fighting to end its prohibition. I am simply giving you accurate, factual information about the plant and the law and science around it.
Peter Reynolds
Posted at 14:10h, 27 JuneYes, there are an awful lot of fools as can be seen from these comments!
Ben Bernank
Posted at 10:00h, 19 Septemberso obviously there is a conumdrum here.
Yes you can sell processed hemp flower legally as long as it has been processed and is sold in separate containers which contain no greater than 1mg THC.
But… you cannot legally possess the buds/leaves/flowers of hemp (legally grown by someone under licence) in order to perform the said processing.
Paul Barnes
Posted at 18:43h, 22 SeptemberThere is a ton of misinformation being posted in these comments. Hemp IS Cannabis. There is no separation, they are just different words for the same thing. Retailers like to say “hemp” as a pretend shield from UK law. The UK Government sees Cannabis flower/leaf, regardless of the amount of illegal compounds contained in the flower/leaf, as an illegal substance. This “1mg THC per container” is not useful knowledge – if the container has even the tiniest piece of Cannabis flower/leaf, it is against the law. I believe that’s all Mr Reynolds is trying to point out, so people don’t act outside UK law unintentionally. Mr Reynolds want all forms of Cannabis made legal – this post is to correct those who purchase low THC Cannabis flower thinking it is somehow the legal version of traditional Cannabis flower. Both are illegal under UK law. Neither myself or Mr Reynolds are saying what you SHOULD do. If you get searched by the police and you possess “personal consumption” amounts of low THC Cannabis, UK law says you should receive the same ‘Caution’ as someone who possesses high THC Cannabis. If you choose to go to court you’ll be as guilty as someone who has high THC Cannabis. Now, it’s likely a judge would sentence you less severely as you could prove that it is low THC Cannabis and the medicinal benefits of this substance are already understood by the UK Government, but fundamentally you have broken the same law. We are in a time of transition, the police year by year seem to be less interested in policing Cannabis, which is probably why many of the low-THC Cannabis vendors are not experiencing legal problems – nontheless, they’re all breaking the law, and so are you by being in possession of their products.
Jorge
Posted at 22:09h, 17 MarchGood afternoon Mr Reynolds.
Practically to your experience how likely is to be spotted and arrested for buying online CBD buds eg 3-4 grams that are delivered via Royal mail?
Thank you for your time
Peter Reynolds
Posted at 15:00h, 18 MarchExtremely unlikely
Jorge
Posted at 17:58h, 18 MarchThank you for your reply.
Gavin Clarke
Posted at 01:57h, 03 JuneHi there Peter I’m wanting to grow cbd weed strains with very low thc content in the uk if I obtain a license could cbd weed strains be grown in a indoor warehouse under lock and key plus grid reference marking on gps map ? And away from public and schools etc
Peter Reynolds
Posted at 10:58h, 17 JuneYes but you could not grow under an industrial hemp licence. You would need a controlled drugs licence: https://peter-reynolds.co.uk/cannabis-licensing-and-business-development-in-uk-and-ireland/
CBDHempFan
Posted at 16:17h, 19 AprilHello guys, I have a question, do I can to grow CBD buds in Ireland? or I need a license for it? any help would be great, Would be waiting for some suggestions. Thank you.
Peter Reynolds
Posted at 16:13h, 21 AprilYou need a licence. Industrial hemp licences are not difficult to obtain in Ireland but you will only be able to grow cultivars that are listed in the EU catalogue.
CBDHempFan
Posted at 01:30h, 22 AprilOk, thanks for the help!
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