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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
The UK's long-anticipated move towards establishing a legal framework for the CBD industry has potentially taken a substantial leap forward. Recently, the government accepted recommendations set forth by the Advisory Council for the Misuse of Drugs (ACMD) regarding permissible levels of controlled cannabinoids in consumer CBD products. This decision marks a significant stride towards clarity and regulation in an industry previously shrouded in ambiguity.
Background
The ACMD's December 2021 catalysed the aforementioned developments. It prompted acknowledgement from Kit Malthouse, the then Minister of State for Crime and Policing, who highlighted the absence of a specific legal framework exempting CBD products from the Misuse of Drugs Act 1971. This acknowledgement underscored the necessity for clear regulations defining the permissible levels of controlled cannabinoids, particularly THC, in consumer CBD products.
In response to the ACMD's report, the current Minister for Crime and Policing, Chris Philp MP, announced the government's intention to accept the recommended limit of 50 micrograms of THC and other controlled cannabinoids per unit of consumption.
Defining "Unit of Consumption"
"Unit of consumption" has been defined as the typical quantity of a CBD product consumed on one occasion. This has raised industry questions, and stakeholders seek further clarity on what precisely constitutes a standard serving of CBD. The Food Standards Agency's (FSA) recent reduction of the recommended daily CBD intake from 70mg to 10mg, based on undisclosed toxicology studies, has also added to the ambiguity surrounding this definition.
Regulating CBD as a Foodstuff
Moreover, the government's agreement 'in principle' to amend the Exempt Product Definition may see CBD products categorised as a foodstuff and regulated under Food Law by the FSA, deviating from the Misuse of Drugs legislation jurisdiction. This pivotal decision has been lauded by industry representatives for its potential to eliminate ambiguity surrounding THC levels and foster innovation in the sector.
Industry Reactions
The Cannabis Trades Association (CTA) and the Association for the Cannabinoid Industry (ACI) have warmly welcomed these government decisions; particularly the positive impact this regulatory shift would have on the industry. The ACI, through its 'Save Our CBD' campaign, played a significant role in advocating for a legal framework, indicating the importance of clarity for businesses, consumers, and retailers operating in this space.
Moving Forward
While the recent government response has been met with enthusiasm, industry representatives emphasise the necessity for further clarification, particularly regarding testing protocols and grey areas yet to be addressed.
The forthcoming months are anticipated to bring about a clearer regulatory landscape, potentially opening doors for more refined and regulated manufacturing practices for CBD as a food product.
In conclusion, the government's acceptance of recommendations sets the stage for a ground-breaking legal framework, marking a watershed moment for the CBD industry in the UK. This move signifies a crucial step towards standardisation, innovation, and the legitimisation of CBD products, providing both businesses and consumers with a clearer, more secure path forward.
Further information
If you any questions regarding this blog, please contact Shannett Thompson and Antonia Szapary in our Regulatory team.
About the author
Shannett Thompson is a Partner in the Regulatory Team and is the firm’s Training Principal. She has trained in the NHS and commenced her career exclusively defending doctors. She provides regulatory advice predominantly in the health and social care and education sectors.
Antonia Szapary joined Kingsley Napley in September 2023 as a Trainee Solicitor and is completing her first seat with the Regulatory team.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
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