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 Trades 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

    Dissapointed 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

    Some online shops do Vacuumed sealed packaging.

  • 100% 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

      Thanks Peter for the info m8. Back to the black market for now 🙁

  • T. R. Smyth

    “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.

    • There 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

        Given 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

    “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?

    • Under 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

      Once the flower is removed from the talk then it is classed as cannabis

    • MudShark

      No, once the flower is removed from the stalk and seeds then it becomes cannabis.

  • Hemp 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

      Interesting, 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

    Stupid laws are there to be broken and i will carry on doing just that. Happy toking guys!