United Kingdom: Market and legal data for the cannabis sector

10th April 2024: UK: An animal tranquilliser, xylazine, has been found in cannabis vapes in the UK, according to a study widely reported in the British press. In reaction, a government spokesperson said: “We are aware of the threat from xylazine and are determined to protect people from the threat posed by this drug and other illicit synthetic drugs.”
14th February 2024: UK: The Advertising Standards Authority (ASA) has upheld complaints against individuals who tweeted about Supreme CBD gummies. Tweets from two people, including the owner of the brand, were found in breach of the Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code) because they failed to disclose commercial relationships (they received sales commissions) and for claiming that a food could prevent, treat or cure human disease.
5th February 2024: UK: The Advisory Committee on Novel Foods and Processes (ACNFP) – an independent body of scientific experts that advises the Food Standards Agency (FSA) on any matters relating to novel foods and novel processes – will hold its next meeting on 7th February. The agenda states that the committee will review a draft safety assessment outcome for three different product submissions from the European Industrial Hemp Association (EIHA), Pureis, and Cannaray Limited. This indicates that the authorisation process could soon be finished and that the authorised novel food products will be available on the UK market in the near future.
9th January 2024: UK: The Association for the Cannabinoid Industry (ACI) has called on the Food Standards Agency (FSA) and the Home Office to resolve the issues with the process of approving novel food applications. The ACI says the process has stalled and that a clear legal framework should be established to safeguard the sector’s future.
24th October 2023: UK: Today (24th October), the government announced that it accepts the advice on CBD consumer products from the Advisory Council on the Misuse of Drugs (ACMD), in particular, the recommendation to limit the dose of delta-9 THC – including delta-9 THCA and all other controlled phytocannabinoids – to 50 µg per unit of consumption. The government plans to put forward legislation that will have to be approved in Parliament.
13th October 2023: UK: Yesterday (12th October), the Food Standards Agency (FSA) issued new precautionary advice on edible CBD, which it says should be limited to 10 mg per day (about four to five drops of 5% CBD oil) for healthy adults. The announcement explains that the recommendation is based on new evidence from the industry and updated advice from the independent scientific committee. FSA CEO Emily Miles said: “We understand that this change to our advice will have implications for products currently on the market that contain more than 10 mg of CBD per serving. We will be working closely with industry to minimise the risk, to ensure consumers are not exposed to potentially harmful levels of CBD.”
29th August 2023: UK: The Association for the Cannabinoid Industry (ACI) has launched the SaveOurCBD campaign, calling on the Home Office to put in place a legal framework defining THC levels for ingestible CBD products. "The Home Office’s lack of response has left businesses seeking approval from the FSA (Food Standards Agency) in jeopardy due to the absence of a clear legal framework," the ACI states.
20th July 2023: UK: The Court of Appeal in London has rejected an appeal by the prosecution against the 2020 acquittal in Ipswich Crown Court of retailers trading as Uncle Herb on a charge under the Misuse of Drugs Act of supplying drugs (hemp flower) in 2019. The defendants said that under Article 34 of the Treaty on the Functioning of the European Union (TFEU) and the Freedom of Movement of Goods principle, one EU member state cannot prohibit trade of goods (in this case hemp flowers imported from Italy) unless the authorities demonstrate a serious risk to public health or morality. The court considered that the EU rules had the force of law at the time of the alleged offence as the UK was then still officially in the EU. The decision does not legalise the sale of hemp flower in the UK, but it does make criminal prosecution of pre-Brexit retailers difficult.
4th July 2023: UK: A Home Office spokesperson has told media: “We want to provide greater clarity for responsible suppliers by introducing defined permitted limits on the controlled cannabinoid content of consumer CBD products.” The ministry is working on this with the Food Standards Agency (FSA), which in the meantime is operating a limit of 1 mg THC per container – a restriction which has been criticised by some in the industry.
4th July 2023: UK: Asked whether the government would consider passing hemp licensing over to the Department for Environment, Food and Rural Affairs (Defra) and making the process farmer-friendly, junior Home Office minister Chris Philp said he would be meeting Defra colleagues soon to make sure the approach to regulation is as light-touch as possible. “I want to see our domestic industry flourish and I do not want any excessive regulation,” said Philp, adding that some parts of the hemp plant contain high levels of THC and do need regulation.
15th June 2023: UK: A prescription for cannabis flower (from Zerenia Clinics UK) has been reimbursed by the National Health Service (NHS) for the first time. In January 2023, an oral cannabis extract prescription from the same clinic was reimbursed, making that the first reimbursement for an oral extract of cannabis.

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