Through a glass darkly – CHUMP aims to spread a little post-Brexit light on CBD

UK authorities moved today (1st April 2022) to give new clarity on the legal status of CBD and other cannabinoids, following yesterday’s release of a list of validated novel food applications by the Food Standards Agency (FSA).

The further regulations issued today by a joint task force from three ministries – the Home Office, the Department for Business, Enterprise and Regulatory Reform, and the Department of Health and Social Care – were hailed by the government as a “Brexit victory” over EU-mandated red tape.

“This clear, straightforward, business-friendly regulatory framework for cannabinoids will place Britain far ahead of the rest of Europe by removing all the uncertainty and confusion which has surrounded the legal status of these products,” three spokespeople for the three departments said.

Highlights of the new rules include:

  • A limit of 0.01% 9THCA-A, 0.011% THCV and 0.012% CBGA in foodstuffs (other than foodstuffs intended for human or animal consumption).
  • CBGA levels restricted to 0.013% in lozenges, except where the lozenge is classified as a foodstuff (other than a foodstuff intended for human or animal consumption), or as a toothpaste, glue or other binding agent, or insect repellent.
  • CBN levels in polyester clothing to be no higher than 0.014% but no lower than 0.015%, unless CBG levels in the relevant item are between 0.016% and 0.017%, in which case the item will be taxed as a foodstuff (other than foodstuffs intended for human or animal consumption).
  • A maximum THC level of 0.1% in all products, other than souvlaki and envelopes (except pre-gummed envelopes), except where the products are covered by other regulations.
  • Combined THC, CBD, CBN and 9THCA-A levels in airbeds of rubberised textile fabric may not exceed 0.018%, unless they exceed 0.019%, in which case they may not exceed 0.02% (does not apply to duty-free sales, except for duty-free sales on ferries).
  • Combining CBC with apricots is strictly forbidden.
  • The aggregate volume of CBD, CBG and CBN in petroleum sulphonates (other than water soluble petroleum sulphonates intended for animal or human consumption but not classified as foodstuffs) may not exceed the square root of the aggregate volume of CBC, THCV and CBN, except where the product is intended for export to countries not in the European Economic Area.
  • CBD may only be used in products classified as “poultry liver, canned, prepared or otherwise preserved” when the product is also classified as “pumice stone, crude” or “jigsaw blades” but not both (unless also a foodstuff not intended for animal or human consumption but intended for export to the European Economic Area) (does not apply to pre-gummed poultry liver, unless sold with apricots).
  • All limits on the use of cannabinoids within Novichok products have been entirely lifted.

Compliance will be assured by a new Cannabis/Hemp Unified Monitoring Programme (CHUMP) within the Home Office.

– Maria Warner CBD-Intel staff (for now)

Photo: Jo JP

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