Is CBD legal in the UK? The rules explained

Is CBD a controlled drug?

CBD is not a controlled drug like cannabis, so can be legally sold over the counter in the UK. 

TheMisuse of Drugs Act 1971 establishes a classification system for drugs in the UK, dividing them into three categories (A, B and C) in decreasing order of severity. Cannabis is currently a Class B drug in the UK. CBD, however, is not a classified drug at all.

Under UK law, pure CBD (cannabidiol) and CBD products are not controlled provided they contain no more than 1 mg of each controlled cannabinoid per container. 

The act permits the government to update these classifications as it sees fit, which is known as scheduling. The government may also permit exceptions to prohibitions on drugs if there is a medical justification for doing so.

CBD from hemp vs. CBD from cannabis

Hemp is a derivative of the cannabis plant. In fact, it’s often referred to as ‘industrial cannabis’. Hemp is known for having minimal to no THC, and in the UK, hemp can only be legally grown under a government-issued licence from approved seed with no more than 0.2% THC. This makes it relatively easy for CBD producers to ensure that their CBD products contain less than 1 mg of each controlled cannabinoid per container.

The law itself does not differentiate between CBD derived from hemp and CBD derived from cannabis. It only differentiates between products with different THC levels. As long as the CBD product comes in below the threshold, it is legal.

Similarly, the law does not significantly differentiate between the growth of the hemp plant and the growth of the cannabis plant. Both are licensed, but it is somewhat easier to get a licence to cultivate hemp but only if you do not use the parts of the plant that produce cannabinoids. If you want to cultivate hemp for CBD, then you need another licence. Other forms of cannabis can also only be cultivated under a specific licence.

Is CBD flower legal in the UK?

No, CBD flower is not legal in the UK. This is because CBD flower is taken from industrial cannabis (hemp) of which only the seeds, fibre and stalk of the plant are covered under the government licence. The plant’s flower (CBD flower) is considered a controlled substance, making it illegal to smoke, possess or sell in the UK. 

Can you smoke or vape CBD in the UK?

Smoking CBD flower is illegal in the UK for the same reasons it’s illegal to smoke cannabis. The substance is controlled and smoking poses a direct risk to an individual's health. 

Vaping CBD on the other hand, is legal in the UK provided the CBD liquid adheres to the restriction of no more than 1 mg of each controlled cannabinoid per container. 

There are no national laws that forbid vaping CBD in public places, either (The Health Act 2006 does not ban vaping in public, only smoking). It is, however, very common for local authorities and private individuals to ban all vaping in places where smoking is banned.

If you are vaping CBD for medical purposes, you may be able to arrange an exemption for this but it’s not guaranteed. Essentially, your need to vape CBD would need to be set against other people’s right to use the space without inhaling your vapour. Given that CBD can be consumed in ways other than vaping, realistically, the odds are probably against an exemption being granted.

How CBD products are regulated

While they are not held to the same regulatory standards as medical cannabis, CBD products, such as CBD oils, vapes or other consumables, are still regulated in the UK, from how they are sourced to how they are packaged and sold. In today’s market CBD products are classed as either wellness products or medicinal products. 

CBD wellness products are subject to the same restrictions on controlled cannabinoids (Max. 1 mg of each controlled cannabinoid per container), but are considered ‘novel foods’ by the Food Standards Agency (FSA). This means they require authorisation before they can legally be sold in the UK and no CBD extracts or isolates have been authorised yet. This authorisation is necessary per ingredient, and where CBD products contain other ingredients (e.g. carrier oil), the CBD content must be clearly and accurately stated. Products on the FSA’s public list can remain on sale while their applications progress. 

The FSA also advises that healthy adults limit CBD intake from food to 10 mg a day, and that you avoid CBD (unless under medical direction) if your are: 

• Under 18

• Pregnant

• Breastfeeding

• Trying to conceive

• Taking medication

Medical CBD products, however, fall under the Medicines and Healthcare Products Regulatory Agency (MHRA) and are subject to stringent regulatory processes and must be prescribed by a specialist doctor. 

Businesses involved in the CBD sector may also need to comply with regulations set by their local authority. For example, they may need to register and demonstrate that they can store their products safely.

CBD vs medical cannabis

CBD can be sold in standard retailers provided it meets certain regulations including containing no more than 1 mg of each controlled cannabinoid per container.

Medical cannabis products, however, may contain more than 1 mg of THC or other controlled cannabinoids, but can only be prescribed by a specialist doctor. Whether someone is suitable for medical cannabis treatment will vary on a case-by-case basis with focus on the patient’s best interests. Prescriptions for medical cannabis are also highly specific, determining the form of cannabis to be taken at a specific dose in a specific format.

CBD isn’t intoxicating, so you can drive, but it can make some people drowsy, so don’t drive if you feel affected. The rules differ for driving with medical cannabis due to THC content and the risk of impairment. 

CBD products can also be purchased over the counter, whereas medical cannabis requires a prescription from a specialist doctor. Legal CBD products are also not subject to the same level of testing as medical cannabis, so while it is easier to access, you cannot guarantee the quality or efficacy of the product in the same way. 

FAQs

Will CBD show up on a drug test in the UK?

CBD itself is not tested for, however many contain trace amounts of THC, which can show up on a drug test, particularly if you take CBD regularly. 

Can I take CBD at work in the UK? 

Yes, you can take CBD while at work because pure cannabidiol is not a controlled substance, and regulated products only contain trace, legal amounts of the controlled cannabinoid, THC. 

However, employers have their own policies regarding drugs, and while CBD is legal, your work can still restrict or ban its use during work hours or on work premises. 

CBD and the law in the UK: summing up

In a nutshell, CBD itself is entirely legal in England and the rest of the UK. Its consumption, sale and production are, however, governed by strict rules. These are intended to protect both consumers and the public as a whole. 

The vast majority of CBD products require only basic licensing and are entirely legal. The only exception to this is medical CBD, which requires the prescription of a specialist doctor for qualifying conditions. Businesses involved in the CBD sector should also be aware of their local authority’s regulations. 

Releaf understands the importance of medical cannabis in treating various medical conditions. With our tailored monthly packages, specialist consultations for medical cannabis, and a medical cannabis card that helps show you have a valid prescription you can access the treatment you need without worrying about the stigma. 

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