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The enactment of the 2018 Farm Bill and the legalization of hemp and hemp derivatives, including cannabidiol ("CBD"), have led to a massive CBD craze in the United States. The coveted cannabinoid contains everything: bath bombs, dog delights and even training clothes (yes, training clothes!). According to a recent Cowen study, sales of these products are expected to reach $ 16 billion by 2025.

Thanks to globalization, this sudden boom is not limited within US borders. Europe has also seen a huge increase in sales of these products, which is expected to reach nearly $ 1.7 billion by 2023.

Given this global expansion and the desire of many of our customers to export their hemp and hemp CBD products ("hemp CBD") to Europe, we are presenting a mini-series that briefly analyzes how certain European countries Treatment of hemp and sale and marketing of hemp-derived CBD. We start by analyzing the laws of the United Kingdom ("UK").

Hemp

Because industrial hemp falls under the definition of the cannabis genus, it is classified under British law as a controlled drug in class B of the 1971 Drug Abuse Act ("MDA") and in Appendix 1 of the Drug Abuse Regulation 2001 ("Regulations") dealt with "). According to these regulations, a license must be issued in order to be able to legally grow the harvest.

As a former member of the European Union, the United Kingdom limits the legal cultivation of cannabis strains to those listed in the European Commission catalog and all of which produce no more than 0.2% THC. In general, British law also requires that hemp from "third countries" must be imported under a license.

Although hemp cultivation is legal, British farmers are prohibited from processing hemp flowers and leaves that have the highest levels of CBD. As a result, processing hemp into CBD oil is not permitted, forcing the country to rely heavily on the import of CBD to maintain the market. In addition, the sale of CBD flowers and buds is strictly prohibited in the country, even if the THC concentration is below 0.2% and approved by the EU.

Hemp CBD Products

In the UK, hemp CBD products may be sold commercially as long as they:

  1. contain no more than 1 mg (0.01%) THC and / or another controlled cannabinoid such as THC-V; and
  2. make no health claims about their therapeutic values.

Depending on the product category, different requirements may apply.

Hemp CBD Foods

As we recently discussed, the Food Standard Agency (“FSA”), the UK's public health authority for food, has recently cleared the way for the sale of hemp CBD foods , In particular, the FSA allows the CBD industry to submit valid novel food approval applications through March 31, 2021 to ensure that these products meet certain safety standards. After the March 31, 2021 deadline, only products for which a valid application has been submitted may remain on the market. Therefore, the sale of CBD-infused foods is currently legal in the UK as long as these products:

  1. properly labeled, also free of health claims;
  2. Safe to consume; and
  3. Contain only small / negligible amounts of THC or other controlled substances (i.e. not more than 1 mg).

Hemp CBD Cosmetics

There are no regulations for the sale and marketing of hemp CBD cosmetics in the UK. However, even after leaving the EU, the country strictly regulates the sale of all cosmetics in accordance with the EU Cosmetics Regulation. For more information on these regulations, please contact the Cosmetic, Toiletry and Perfumery Association ("CTPA"), the trading group that regulates the cosmetics industry and is designed to inform consumers about the safety of these products.

Hemp CBD Vape Products

Similar to the United States, vape products can be regulated by various government agencies depending on their intended use, intended use, and whether they contain nicotine and / or tobacco. So far, no agency has issued regulations for hemp CBD for the sale and marketing of steam products. Thanks to the Regulatory Agency for Medicines and Health Products ("MHRA"), we only know that hemp CBD vaping products are "less strictly regulated" and that these products should not contain any health claims.

Hemp CBD pet food and products

Hemp CBD pet food and products are treated as veterinary medicinal products and therefore require a license before they can be lawfully sold in the UK. There are currently no cannabis CBD products approved for veterinary purposes, which means that the sale and marketing of these products is at best unregulated and, at worst, illegal.

Unlike the United States, the sale and marketing of hemp CBD foods is the safest product category a CBD company can currently sell because the FSA has fairly clear rules in place – provided their products all meet them Requirements Requirements Products, including no more than 1 mg THC per product.

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