UK Takes Crucial Steps Towards Regulating CBD Products

In a significant development for the cannabidiol (CBD) industry, the UK government has embraced the recommendations put forth by the Advisory Council for the Misuse of Drugs (ACMD). These recommendations revolve around establishing permitted levels of controlled cannabinoids in CBD products, marking a pivotal move towards crafting the first legal framework for the industry.

The ACMD, in December 2021, published a comprehensive report outlining its suggestions for altering the legislation concerning controlled substances within CBD products. The need for such clarity had already been acknowledged by then Minister of State for Crime and Policing, Kit Malthouse, back in January 2021. At the time, he noted the absence of a specific legal framework exempting CBD products from control under the Misuse of Drugs Act 1971. To address this, the government expressed a desire to explore the creation of a specific exemption for CBD products that contain no more than a defined trace percentage of controlled cannabinoids within the Misuse of Drugs Regulations 2001.

The recent response from the government, as outlined on October 24, states an intention to accept the recommended limit of 50 micrograms of tetrahydrocannabinol (THC) and other controlled cannabinoids per unit of consumption. A unit of consumption, often referred to as a ‘single serving,' signifies the typical quantity of a CBD product consumed on one occasion. However, stakeholders in the industry have emphasized the need for further clarification regarding what constitutes a typical serving of CBD.

Additionally, the Food Standards Agency (FSA) issued a consumer advisory this month, reducing the recommended daily amount of CBD from 70 mg to 10mg, based on undisclosed toxicology studies related to isolated CBD products submitted as part of the Novel Foods process.

A Potential Regulatory Shift

The government has also agreed, ‘in principle,' to amend the Exempt Product Definition concerning CBD products. This change involves altering the wording of the Psychoactive Substances Act 2016 to recognize CBD products as ‘preparations or other products containing the controlled drug' rather than as the ‘controlled drug' itself. This shift could categorize CBD products as foodstuffs and bring them under the regulation of Food Law by the FSA, instead of being governed by the Misuse of Drugs Act and the Home Office.

These decisions have been met with enthusiasm by the industry, signaling the potential to eliminate the prevailing ambiguity surrounding THC levels in CBD products and stimulate innovation. The Cannabis Trades Association (CTA) and the Association for the Cannabinoid Industry (ACI) have both issued statements welcoming these developments. Sian Phillips and Marika Graham-Woods, co-executive directors of the CTA, emphasized the positive impact these changes will have on the industry, including benefits for product innovation and the Novel Food process.

Future Steps

Despite these significant steps, there remains a need for further clarity in various areas, particularly in addressing the gray areas within the evolving regulatory landscape. Nevertheless, the government's response underscores a leap forward for the CBD sector, offering renewed hope and opportunities for patients, consumers, and industry professionals alike.