What does current UK law have to say regarding CBD oil, hemp and cannabis? What is legal, what is illegal and what lies in the grey area between?
The reason for the complexity and confusion is the classification of “hemp” and “cannabis”. Quite simply, hemp is cannabis – the Latin name of what we call hemp is cannabis sativa. So as far as nature is concerned, hemp is just one type of cannabis. It is generally a particularly tall version, up to about 20 feet tall. It is generally much thinner, and often times has smaller and fewer attention-grabbing flowers.
While the differences between hemp and cannabis are quite vague and borderline non-existent in nature, in relation to UK and EU law the differences are quite clear. (Fortunately.) Cannabis is considered to be strains of cannabis sativa with THC content regularly over 0.2%, while hemp is strains with THC content regularly below 0.2%. That’s it… couldn’t be simpler. The lawmakers don’t care about how tall the plant is, or even how many flowers it produces. They care whether the public can get high from smoking it, and they made sure the only strains legally produced can not get the public high.
This decision not to restrict the growing of hemp flowers is critical for the CBD oil industry. Had the EU mandated that the plant must be cut down before the flowers develop it would signal the end of our industry, or at least limit it to the least useful parts of the plant. And when you consider that hemp being grown for its flowers was practically unheard of until a couple of years ago, that hypothesis isn’t so far-fetched.
But as things stand, hemp flowers are allowed to be grown, and so the cannabinoids within those flowers – and the most prevalent cannabinoid in hemp flowers is CBD – can now be harvested to make CBD oil.
Thus, CBD oil is legal – at least as long as the CBD oil is made using an approved EU strain. There are roughly 50 of these approved strains, which have been chosen according to their low THC content.
CBD Oil: Legal In The UK
CBD oil is legal in the UK because hemp is legal in the UK. After all, I can walk into my local Tesco and buy hemp seed oil, so why shouldn’t I be able to buy CBD oil from an online store?
Hemp is one of the strangest “controversies” imaginable. It is a plant that risks no intoxication and offers literally thousands of positive uses. It is environmentally friendly; it could entirely fill our need for paper, enabling us to stop cutting down trees. It can be used as fuel, as clothing, and, yes, as medicine.
It should never have been made illegal. It should never be made illegal in the future… and there should be no grey area or legal shadow hanging over the buying and selling of CBD oil.
I am fed up of all the side effects that my current medication (given from the doctor for my schizophrenia) gives me. I have put on 6stone in weight in the last 3 years and i have developed high blood pressure, diabetes, twitching, loss of sex drive and always feel tired. I really wish they would conclusively say CBD oil is my answer. My Doctor will just not take me seriously.
Hi Peter
I have found CBD has helped my schizophrenia. Here is a pharmaceutical company investigating and developing CBD medicine http://www.gwpharm.com/
Its irresponsible vendors that concern me- presenting CBD as ‘legal cannabis’ and presenting as ‘rocks’ or e liquids or associating with lifestyle. That seems to be the fastest way for the industry to destroy itself. A lot of people will be damaged and their health will suffer if there is a misinformed ban. Crikey – its less psychoactive then the tryptophan in a Christmas turkey – soon to be theoretically banned by the highly intelligent Psychoactive Substances Bill. GW Pharma are now costing lives in the UK that are being saved in the US I have NO hesitation in saying.
This is an excellent article (blog post) and it’s cleared up for me the difference between Hemp and Cannabis – there isnt a difference essentially.
We are looking at the same iisue in Denmark. The terms is mixed up, and nobody wants to dig into this issue, so ALL cannabis oil / hemp oil seems to be illegal here sadly. And no really solution in the nearest future. So the users will continue to buy unreliable CBD liquid on the black market. It makes absolutely NO SENSE!
I live in Spain & buy my CBD oil from Amazon UK & have it posted to me here in Spain. Does anyone know the position in Spain as to legality? I buy from The Garden Pharmacy. Thanks.
Hi,
CBD oil is legal in Spain.
Cannabis law is slightly more complicated. It’s generally tolerated for personal use as long as you don’t sell it.
Best regards,
Dan.
I have ulcerative colitis and have thought about using CBD I’m sick of feeling ill and being prescribed tablets that have life threatening side affects when there is a clear link between CBD putting people with my condition in remission alone. Why the government would want to stop people improving their quality of life seems like a massive injustice
It’s big money making for pharmacy companies,so they would do everything possible to stop it as they cannot profit from it…as all will be buying there own oil and companies will lose billions a year as there medicines will become worthless….they have political influence as they have a lot of money at their disposal
Why can’t they make a profit from hemp CBD oil? That is a stupid statement to make since pharmaceutical companies are already profiting from it. You must have heard of the Sativex spray that is available in the UK? It’s made by a pharmaceutical company, not a “hemp dealer” in their garden shed.
Hi ppl I’m thinking that maybe I should start up a consulting business with regards to helping ppl gain knowledge and understanding of what CBDs would benefit each individual . Thoughts please Paul
Wise idea I think. It seems so many people are scared of the thought of it, because as soon as they hear it comes from hemp, they automatically assume it’s a bad chemical from an illegal drug which really isn’t the case. Good luck.
Brilliant x
hemp oil is fantastic for pain, my husband uses it. we are afraid to take it abroad through customs into the eu, dont want an over enthusiastic customs officer pulling us !. any comments about taking it with us would be appreciated, thank you x
CBD has just been made illegal in the UK. Is this true?
Hi Graham,
No, CBD hasn’t been made illegal in the UK. It’s been categorised as a medicine, which means that supplement companies can’t sell it any more without going through very expensive clinical trials (which only Big Pharma can afford). And right now no Big Pharma products have reached the market so you can’t legally acquire CBD.
If you’re upset about this (we certainly are) then I recommend you speak to your MP and newspaper about it.
Kind regards,
Dan.
What is happening with this now that CBD has been categorised as a medicine? Will we still be able to buy from you?
Yes you can still buy from us if you wish. We’re not selling the product as a medicine but a food supplement. It means that we’re limited to how we can talk about it, and we can’t make any medical claims – but that, for now at least, we can keep selling it.
Kind regards,
Dan.
I heard MHRA are reclassify it to a medical drug and big pharma will have the rights over it with development,research,trials ect.
As from end of October won’t be able to by online so best stock up if using.
My fear is big pharma will pussy about with it to protect there billion pounds industry.
You may want to sign and share this petition. It’s growing steadily in numbers. https://you.38degrees.org.uk/petitions/stop-mhra-removing-cbd-products-from-sale-patients-will-suffer
It’s now been extended to the end of December for companies to get it sorted so,they can continue to,sell,in the uk.
Thanks I wondered what was happening.
I am self treating with CBD oil. I intend to visit the UK …. is it legal to bring in sufficinet quantities for my own use?
It should be fine to bring in small quantities. But even though CBD is legal in the UK, it’s still possible, in theory, they could seize it at the airport. After all, it is cannabis oil and there are probably some airport staff who don’t realise that CBD is legal.
It’s true that seizure at borders is possible. So it’s a good idea to travel with a copy of the lab analysis a lot of CBD product sellers provide, which shows that THC is below the legal limit for that product etc. It’s very unlikely this would happen, but it’s always good to be prepared, for peace of mind x
Is it legal in the UK to give children CBD oil? My daughter has a health condition that gives her a lot of pain and no Meds take the pain away so I would really like to try CBD oil. Thanks
Yes, CBD is legal in the UK for all ages.
Kind regards,
Dan.
I have been diagnosed with Fibromyaliga here in the UK and for a few years they have given a variety of medications which just make me feel worse so a friend of mine suggested CBD oil. i honestly have thought about using cannabis before now as i know the benefits but driving is important to me and havent taken the risk. I ordered on the weekend CBD because i honestly cant deal with the pains no more. I still am really unclear about the driving regulations? Can anyone give me any tips please?
Is it legal to drive while taking it? Confused…
Yes, it is legal to drive on CBD oil.
I use a well known CBD vape pen and was wondering whether it would be ok to take on holiday with me to Portugal/Spain/Canaries
I would put it in my suitcase in its original packaging
I live on the north south Ireland border. I am a pharmacist and want to distribute to other business and individuals as I am asked daily. Where is best to source and is it okay to bring across border?
Hi there I live in Edinburgh and recently been diagnosed with ovarian cancer and I’ve been told to take cannibis oil but have no idea where to buy or about the different strengths can any help please. Thank you
I have fibromyalgia and tried Cannabis legally abroad. First vaping ( no effect) second in a cake ( no effect) and finally in a butter pain free for 24 hours but terrible sickness, dizziness and stomach ache – guess the does was too high. I am keen to try cannabis oil but definitely don’t want to repeat my last experience of cannabis. Is cannabis oil guaranteed not to make you high?
In the UK, the only legal forms of cannabis oil that can be sold contain no more than 0.2% THC (which is the part of cannabis that causes the high). So you definitely should not become high.
Can I legally take help oil into the UK? With thc or without?
I have Tourette Syndrome and have been looking for a cure 40 years.
Thanks so much posting and look forward to your reply. Thank you!
Nick