The CBD industry in the UK operates within a complex regulatory framework, and it’s essential to ensure your business is fully compliant before proceeding with any product development or marketing.
Key Regulations to Consider
Misuse of Drugs Act 1971:
CBD is legal in the UK, but it must be derived from approved industrial hemp strains (containing less than 0.2% THC).
The final CBD product must contain no more than 1mg of THC per container. THC is the psychoactive component in cannabis, and its presence in CBD products is strictly controlled.
For CBD isolate and broad-spectrum products, THC content must be non-detectable (below 0.01%).
Full-spectrum CBD products may contain trace amounts of THC but must remain within the legal limits (0.2% during production, no more than 1mg per finished product).
Novel Foods Regulations (2019):
The UK’s Food Standards Agency (FSA) requires all ingestible CBD products (oils, capsules, edibles, etc.) to be authorised as Novel Foods.
Novel Foods are defined as those that were not consumed in significant quantities in the UK or EU before May 1997.
To continue selling ingestible CBD products legally, companies must submit a Novel Foods application to the FSA and ensure their product is either fully authorised or progressing through the validation process.
Medicines and Healthcare products Regulatory Agency (MHRA):
If you plan to make any health claims about your CBD product (such as its efficacy for treating certain conditions), you will need to obtain a medicinal licence from the MHRA.
Over-the-counter CBD products cannot be marketed as treatments or cures for any medical condition unless the product is licensed as a medicinal product. Avoid terms like "healing," "curing," or "pain-relieving" unless you have the relevant licence.
Proceeds of Crime Act (PoCA) 2002:
The CBD industry must navigate stringent anti-money laundering (AML) regulations under PoCA. It’s vital to have robust procedures in place to ensure that funds used in your business are legally acquired, and your suppliers are compliant.
Advertising Standards Authority (ASA) and Committee of Advertising Practice (CAP):
Advertising of CBD products is closely regulated. You must adhere to the ASA’s codes to ensure that your marketing material is not misleading, does not make unverified health claims, and follows guidelines for ethical promotion.
THC vs. CBD:
While CBD is non-psychoactive and widely accepted, THC is classified as a controlled substance in the UK. This means you need to be particularly cautious about ensuring that any traces of THC in your product are within legal limits and carefully controlled throughout the supply chain.
Lab testing: Regular third-party lab testing is essential to verify the cannabinoid content and ensure compliance with THC regulations.
What This Means for Your Business
Product sourcing: Ensure that your CBD is derived from industrial hemp that complies with the Misuse of Drugs Act. You will need to source from reputable suppliers who can provide lab test results for every batch of CBD to confirm THC content is below the legal threshold.
Novel Foods Application: If you’re producing or selling CBD products intended for ingestion, you must submit a Novel Foods application. The process can be lengthy and costly, so it’s crucial to factor this into your business planning from the beginning.
Labelling compliance: Clearly state the CBD content, the absence of THC (or that it is within legal limits), and avoid any unsubstantiated claims on your packaging.
Actions to Take:
Familiarise Yourself with the Legal Landscape:
- Research the legal requirements for selling CBD in the UK. Understand what types of products are allowed, the limits on THC, and how you can market your product.
- Look into legal advice or consulting services specific to the cannabis sector to help you stay compliant as regulations change.
Decide on Your Product Range:
- Are you going to sell ingestible products (e.g., oils, capsules, gummies)? If so, you’ll need to navigate the Novel Foods process.
- If you plan to sell topicals (creams, balms), the Novel Foods regulations don’t apply, which simplifies the process slightly. However, you still need to comply with cosmetics regulations.
Begin Working with Testing Laboratories:
- Contact certified laboratories for product testing to ensure the THC levels in your products are compliant.
- You’ll need Certificates of Analysis (COAs) for every batch of product you sell to verify the cannabinoid content.
Get Familiar with Novel Foods Application Process:
- If you plan to sell ingestibles, start reviewing the FSA Novel Foods guidance: https://www.food.gov.uk/business-guidance/cbd.
- Plan for the costs and time involved in getting your products through this approval process, which includes toxicology reports, stability tests, and comprehensive safety assessments.
Set Up Advertising Compliance Procedures:
- Review ASA guidelines and ensure your marketing materials, including your website and social media, adhere to the advertising codes. This is crucial to avoid penalties or having your ads pulled.
