What is CBD oil and its juridical status?
What is CBD oil and its juridical status?
CBD oil is a hemp extract used in medicine as an adjuvant (food supplement) in the treatment of various diseases. In this article, we will determine the legislation, production, and principles of the effect of oil in medicine.
The legality of using the cannabis oil for medical purposes or as a food supplement varies by country. Cannabis laws around the world can vary in terms of ownership, distribution, cultivation, methods of use, and for the usage of medical conditions.
CBD legalization in the world
In the last years, the demand for CBD products has grown exponentially due to published research, studies, life-cases, personal experiences, and media coverage. These cases are reporting about the pros and cons of this compound. Nevertheless, regardless of its effectiveness, the cannabinoid is still in some kind of a legal vacuum.
In general terms, according to the legalization of each country, the CBD factored from hemp or marijuana can be divided into three main categories:
- Fully legal;
- Medicinal;
- Strictly controlled.
- If the CBD is entirely legal, it means that it is accessible for a broad public.
- More countries permit the use of CBD for medicinal purposes.
- Others still classify CBD as strictly controlled or do not regulate it.
The UK
According to the Medicines and Health Products Regulatory Agency (MHRA), any CBD derivatives, compounds, and by-products obtained from a hemp factory are 100% legal in the UK. So, It is permissible to buy CBD oil in the UK if the product contains less than 0.2% THC by the law. Such products are licensed for usage in the United Kingdom if they are certified by the British Cannabis Trades Association or CTA. However, if you are going on a vacation, do not rush to pack products containing CBD in a suitcase. Even though many European and other countries permit to use it, there are several countries in which cannabinoids are strictly prohibited.
The United States
Of all countries, the situation with CBD in the US is the most confusing. Each state has its cannabis law, and the federal government that administers these states has its cannabis legalization. For much of the 20 century, the CBD status was located in the so-called “grey zone” of the United States. It was a result of strict laws that controlled drug trafficking and was created to ban all drugs.
The law officially created a list of illegal drugs and added cannabis and all its varieties to the list. It killed the hemp industry, even though it was known that it is not psychoactive. These laws prohibiting the use of cannabis were seen as an act of reprisal by President Nixon, who faced stiff opposition from the cannabis-friendly hippie movement.
Afterwards, at the beginning of the twenty-first century, published studies and easier access to the information allowed the public and lawmakers to take another look at the situation about the CBD products. This situation led to the incorporation of CBD regulatory laws in the 2014 Farm Bill. The bill provided that individual states could control and regulate laws permitting the use of CBD.
Four years later, the Agriculture Improvement Act of 2018 (aka the Farm Bill) legalized CBD that is derived from hemp and contains no more than 0.3% THC (by dry weight). CBD that comes from the marijuana plant remains illegal under the Controlled Substances Act since the Drug Enforcement Administration (DEA) classifies marijuana as a Schedule I drug. As a result, CBD has been legal across many states since 2019.
European Union
Europe already taking steps towards adopting the resolution of the European Parliament in June 2018 (2018/0000 (RSP)), approved a proposal on October 1 last year and now will be adopted at the plenary session of the European Parliament in the coming months. European government emphasizing the need to make a clear distinction between medical cannabis and other users of this plant.
- Spain
Although jurisprudence is favourable, due to the lack of clear guidelines from public inspections, there is little legal certainty that affects Spain. In this country, CBD can be purchased in a variety of formats, such as medicines or nutritional supplements.
Regulation and legality
Medical marijuana is not regulated in Spain; therefore, cannabis cultivation or the production of cannabis is strictly for export purposes only. Most cannabis grown in Spain is exported to other parts of the world where the plant is legal for medicinal and recreational purposes.
Concerning products made with CBD, it is interesting to note that Spain lacks regulation for the use of cannabis as food. There is a problem that it cannot be classified as a dietary supplement as vitamins and minerals, as it is not legal to register food supplements containing CBD in Spain. Other European countries like Germany, Switzerland, the Netherlands, Belgium, the United Kingdom, and Italy have a regulation for the use of cannabis as food or medical preparation.
South America
- Uruguay
In 2017, Uruguay was the first country in the world to legalize cannabis for medical and recreational purposes and, in general, is considered the most advanced country in Latin America, regarding the legality of CBD.
- Columbia
Colombia legalized medical cannabis in 2015. Due to the Columbian pleasant climate and cheap labour, nowadays, Columbia is one of the most critical global manufacturing centres of CBD. Seven Canadian companies grow cannabis in Columbia.
- Brasil
Imported CBD is the only legal product of this type in Brazil. Domestic production does not exist, although this may change.
CIS
- Belarus
Belarus has one of the most stringent laws in all of Europe since cannabis is fully prohibited. According to the law, in Belarus, there is no difference between marijuana or hemp, and anyone who tries to sell products with CBD can be arrested for up to 15 years.
- Russia
Any extraction, including the removal or isolation of cannabinoids, is illegal, according to the law. However, there is a black market of CBD products that are sold under the counters despite it being illegal.
Africa
Of the 54 African countries, only 3 permit medical use of marijuana (Zimbabwe, South Africa, Lesotho). Zambia is awaiting the adoption of a law that allows it.
Asia
- China
Although every kind of marijuana is illegal in China, products with CBD are permitted provided that they are approved by the government, since cannabidiol is a common ingredient in traditional Chinese medicine.
- Thailand
Thai military government approved the use of medical marijuana, making it the first country to legitimize the use of CBD in South Asia.
- South Korea
South Korea was the second country in East Asia to legalize medical cannabis in 2019. It was a bit shocking since this country openly opposed other states that legalized marijuana.
A brief digression into the history of the legal status of cannabinoids in the UK
Cannabis in the United Kingdom has a long history dating back to the days of colonialism. Marijuana was first declared illegal in the UK on September 25, 1928, when the Dangerous Drugs Act passed as law. There were no internal reasons against the ban or government debate. The code that controlled “Indian hemp, all pitches and drugs” was passed after Britain signed the Geneva International Convention on Drug Control in 1925, organized by the League of Nations.
Cannabis underwent numerous legislative changes; the most important occurred in 2001–2002 when it was reclassified as a Class C drug, at the same level as non-addictive substances or anabolic dope. However, a bit later, in early 2008, cannabis was again recognized as a Class B drug. However, humanity is moving towards progress every day, and a concept like cannabis is slowly becoming obsolete. Today, a new product is entering the market, which is a cannabis derivative, and also a legal, medical tool — CBD.
Is CBD legalized in the UK?
According to the Medicines and Health Products Regulatory Agency (MHRA), any CBD derivatives, compounds, and by-products obtained from a hemp factory are 100% legal in the UK. So, It is absolutely legal to buy CBD oil in the UK if the product contains less than 0.2% THC by the law. Such products are licensed for usage in the United Kingdom if they are certified by the British Cannabis Trades Association or CTA. However, if you are going on a vacation, do not rush to pack products containing CBD in a suitcase. Even though many European and other countries permit to use it, there are several countries in which cannabinoids are strictly prohibited.
How did this happen?
When people first talked about products with cannabis in the beauty industry, both professionals and customers, had their doubts. Why is this necessary? Recent statistics have shown that sales of cosmetics with the newfangled ingredient CBD increased as much as 99% in 2019. It seems that this trend is seriously taking over the market and is not going to slow down.
The United Kingdom’s Medicines and Health Products Regulatory Agency (MHRA) back in 2016 decided to officially recognize and classify cannabidiol or CBD as a medicinal ingredient. The agency substantiated this classification by scientific studies of its effectiveness. This measure is taken to control the health of patients fully.
What is the prospect of developing the CBD market in the UK?
It seems that cannabis policies in the United Kingdom are starting to be based on laboratory tests from numerous scientific studies, besides the experiences and testimonies of various patients. This research shows that CBD is beneficial in treating diseases and disorders, ranging from severe childhood epilepsy to autism and cancer.
Researchers concluded that products containing CBD oil meet the following condition that defines them as “medicine.” Because they can be used or administered to people to restore or alter physiological functions through pharmacological, or metabolic preparations when establishing a medical diagnosis. This is an essential conclusion because, for the first time, it is noted that the UK government considers cannabis as useful.
The MHRA decision implies that the agency itself is responsible for overseeing the production of CBD throughout the United Kingdom and overseeing the sale of companies based on CBD. Companies that produce products containing CBD must meet the established standards of safety, quality, and efficiency.
Despite strict laws, the UK is the world’s largest producer of medical marijuana with a production volume of 95 tons per year. Until recently, an unusual situation with marijuana was taking shape in Great Britain. It was produced entirely legally and with the sanction of the government for medicine and research. However, for some reason, it was not allowed to use it domestically.
Legal subtleties
- While hemp oil is legal in the UK, hemp kidneys are prohibited. They are considered a dosage form, despite the complete absence of THC. However, ground cannabis leaves are deemed legal in the UK and can be sold in stores.
- According to the UK Veterinary Medicines Authority (VMD), CBD products cannot be used as additives to pet food, as they are classified only as “human medicines.”
- The National Health Service (NHS) and the National Institute for Health and Care for Excellence (NICE) have strict rules in place to regulate the sale and consumption of CBD oil in the UK. As already mentioned, patients who have severe epilepsy, nausea caused by chemotherapy, and muscle spasticity caused by sclerosis are prescribed prescriptions for CBD.
What is the usefulness of CBD?
The main reason for the popularity of CBD products is that they are positioned as healthy. Recent studies show that CBD can potentially help with:
- depression and post-traumatic stress disorder;
- sleep problems;
- epilepsy and convulsive disorders;
- various inflammations and severe pain;
- attention deficit hyperactivity disorder.
Any living organism has an endocannabinoid system. It is an extensive network of receptors and endocannabinoids that regulates vital functions such as sleep, appetite, mood, memory, inflammatory processes, and reproduction. It happens that the endocannabinoid system is depleted, which, according to scientists, is a cause of certain diseases. Studies show that taking CBD helps increase endocannabinoids, helping the body regain balance.
Is CBD identical to medical marijuana?
Often, medical marijuana is confused with CBD, a non-psychoactive substance found in hemp plants along with psychoactive THC. UK law allows the sale of CBD supplements if they are not advertised as medicine and contain no more than 1 mg THC per package.
CBD-based products, as well as muffins, sweets, and much more, are now sold everywhere in specialized stores and health goods stores.
Prospects for legalizing medical marijuana in the UK
In the British press, the debate on legalization is more lively than in parliament. The Evening Standard in early July published an article on marijuana on the front page and launched a large-scale poll of the effectiveness of legalization. According to a newspaper survey, 63% of Londoners and 47% across the UK support the legalization of marijuana.
From November 1, 2018, according to the British law act, the sale and use of marijuana and drugs with its contents for medical purposes were finally legalized. Marijuana is available exclusively by prescription and only in cases where other medicines do not help. It is reported that the narcotic substance will be prescribed to patients to relieve side effects after chemotherapy, as well as to people suffering from muscle stiffness in multiple sclerosis. Besides, doctors will prescribe marijuana for children with severe forms of epilepsy.
Legal Aspects of Marijuana Use in the United Kingdom
So, if we visit the UK government website, we will see that marijuana is currently a Class B drug. What does it mean? It is a kind of legal punishment for carrying or consuming cannabis that can result in indefinite fines and imprisonment of up to five years.
Yeah, it is true that police take it easy, and rarely use their power tools to eliminate the cannabis consumers. Usually, if there is a small cannabis amount (i.e., something that can be considered as an independent consumption), a warning is issued first. If there is a second rule violation, it is fined approximately 90 pounds. Furthermore, just a third warning may result in some problems with the law.
Why a controlled substance is regulated very severely in practice?
The fact is that a three-stage process of escalating the “caught with weed” method is working in the country. Rarely detention for the first and second time leads to arrest if the amount of marijuana does not exceed 1 ounce, or 28.3495 grams, which is a lot. For comparison: a company of 4 people smokes 1 gram of cannabis in the evening without straining.
The three-step escalation process works like this:
1) If you were detained for the first time (it does not matter, if marijuana was smoked, carried, stored, sold or handed over to friends) and in the absence of aggravating factors, the police will issue a warning that will not be recorded in the criminal history and will not be visible when inspeсted by a potential employer. A warning can be issued both on the street and at home. It is recorded into the police database.
2) If you were detained for the second time (regardless if marijuana was smoked, carried, stored, sold, or handed over to friends), then a fine of a maximum of 90 pounds (PND) is issued with the police archives (Police National Computer / PNC).
The fine must be paid within 21 days, or the judicial recovery procedure will follow (the penalty will increase by 50%, and the case may go to the Magistrate’s court).
A fine of the same category (PND), by the way, is prescribed for antisocial behaviour: public humiliation of someone, drunkenness and disorderly conduct in public, damage to property, petty theft in shops, sale of alcohol to persons under the age of 18 or drunk customers, and even for firing salutes after midnight.
Each detention for the use or possession of marijuana must be recorded in a file cabinet. In criminal history, this entry does not light up. Attention: it works when there are no aggravating factors.
A person has the right to disagree with the fine (then the case goes to the Magistrate’s court).
A person has the right to refuse to pay a fine, but then he will most likely be arrested.
3) If detained for the third time, then the record of the crime falls into criminal history and can lead to arrest and legal proceedings. Usually, the fate of the detained person is decided at the police station and depends on the specific circumstances.
Aggravating factors:
- smoking in public places;
- the use and distribution of marijuana in areas where the police are actively fighting the spread of marijuana;
- smoking in the company of socially disadvantaged (vulnerable) people;
- if a person often uses or distributes marijuana and is often detained.
The escalation procedure was created to weed out those who smoked a couple of times from those who do this all the time.
The question arises: if you were caught for the third time and this is no longer a joke, then what are the penalties?
The general rule states that possession of marijuana and other controlled substances of class B may result in a fine (the size depends on the circumstances) and imprisonment for up to five years (or both). At the same time, production and distribution threaten with a fine (the amount is not limited) and arrest for up to 14 years (and possibly a fine). At the same time, the rule of sharing drugs with others being equivalent to distribution is relevant. Nevertheless, all these nuances are applicable only after the third detention.
Important: according to the circular of July 23, 2009, in controversial cases, it is up to the discretion of a police officer to decide whether the quantity of discovered marijuana belongs to the category “for oneself” or “for delivery”. The general unspoken principle is this: if the volume of the substance does not significantly exceed 1 ounce (28.3495 grams), then this falls into the category of “personal use.” However, the final decision is up to the officer.
All this applies exclusively to persons over 18 years of age. As for those under the age of 18, the police have the right to report what happened to legal guardians, reprimand, and issue a warning before it comes to legal measures involving three stages of escalation.
Interestingly, in 2015, local police in the areas of Durham, Derbyshire, Dorset, and Surrey officially announced that they would no longer prosecute people who grow marijuana “for personal use” and will deal with more critical crimes.
These small warnings and fines do not appear anywhere as a criminal record. It is an essential statement, due to many employees asking for a punishment certificate in many jobs and may reject your CV, for what you have done. But there is a big BUT: this data forever remain in the Police databases.
Legal Aspects of Illegal Marijuana Sale in the UK
If someone gets caught selling cannabis in London or any other city in England or the UK, sentences will be immediate: arrest for up to 14 years in prisons and very high fines. Honestly, this is a kind of theory and refers to quantities close to large-scale drug trafficking.
As a rule, if one gets caught, there is a big fine, or a short prison term, which can be replaced by public works. So, it depends on the story of each person. Of course, if the person is a recidivist, he will get many more problems.
There are several types of sanctions that depend on the amount of cannabis consumed. They are sorted according to categories.
Category I
- According to the law, this is the most severe case; maximum fines can be applied without hesitation for this kind of transaction. The minimum amount of marijuana that one must carry on hand that falls into this category is 200 kg.
Category II
- This category implies a smaller amount of 40 to 200kg. It is still a relatively big volume for one person, no matter how much he loves to smoke.
Category III
- If the police find 6 to 40 kg of marijuana in your possession, the case will be treated as the third category. It is the most common and harmless of the categories.
Category IV
- This is the least serious category that implies being caught with more than 100 grams of hemp, which is a rather small amount. Holding less than 100 grams is usually resulted in no charge for traffic or distribution and considered as independent consumption.
- (It is important to note that in category 4, it is considered mitigating that the person involved medically prescribed the use of marijuana or cannabis, so prison sentences are rarely seen in the case of people with severe and proven illnesses.
Ironically, cannabis seeds can be purchased, sold, and bought, but it is illegal to germinate or grow them. The question is simple: “why are they sold if they can’t be used? To enrich the soup?)
Of course, this also depends on how the defendant is found. There are three main roles, in increasing gravity order:
- A leading role: for example, is considered the leader of the drug trafficking network or its closest leaders.
- Significant role: Those who work for a criminal organization but are not considered key players, so they transport fewer drug volumes.
- A smaller role: usually, these are the street sellers and dealers that don’t hold any authority or power in any organizations. Often they can be found to be involuntarily drawn into the drug business.
If you are caught being involved in large-scale smuggling of marijuana or cannabis, be prepared for spending the next twenty years in prison.
Political Parties Attitude Towards Marijuana
Laws are emanating from the government. Therefore it is parties that decide the issue of legalization, illegalization, growth, or fall of the category of drugs. Let’s look at the main British trends and their opinion on this subject.
- Marijuana in the United Kingdom: Conservatives
The conservative party in power has always been openly against the legalization of any kind of drug. In fact, they have tightened the punishment for driving under the influence of cannabis: you can mark a maximum of 2 μg / L of blood, which is a tiny amount.
- Marijuana in the United Kingdom: Workforce
The main opposition party has had many blows on this issue. Tony Blair softened the situation by lowering the risk class of marijuana from B to C. Five years later, Gordon Brown returned it back to the highest level.
Over the past year, the government announced that they intend to promote early intervention before problems “get out of hand,” which brings the subject of marijuana closer to conservative thinking.
- Marijuana in the United Kingdom: UKIP
The British Independence Party expresses its full support for the decriminalization of drugs. They believe that the war against them was lost many years ago and that this is the most effective form of combating drug trafficking.
- Marijuana in the United Kingdom: SNP (Scottish National Party)
Scotland’s declaration of independence put this party on the front page of British politics. They advocate that drug policy becomes the competence of the Scottish Parliament. SNP leader, Nicola Sturgis, is for hemp despenaliación.
- Marijuana in the United Kingdom: Liberal Democrats
Traditionally progressive, the Lib Dems are in favour of decriminalizing cannabis, as announced by their leader, Nick Clegg. They keep drug situation in Uruguay and in some states of North America, where it was legalized under the magnifying glass, as their reference.
UK Population Marijuana Ratio
A new study showed support from the British public for the legalization of cannabis cultivation. A survey conducted by YouGov and supported by The Independent, says that 48% of UK citizens will advocate for the legalization of cannabis for recreational purposes. This will be five per cent more than last year, while only 24% of citizens will be against legalization.
These data only make them more and more similar to the thinking of British citizens on this issue and the current drug laws that regulate them. As for medical cannabis, the opinion in favour of its legalization is even more overwhelming: 77% of adults would be for its legalization. The survey results demonstrate that people would consider using cannabis if there were more thorough studies of its advantages.
The survey was conducted by the Conservative Group on Drug Policy Reform (CDPRG). Subsequently, the study revealed “a clear and growing appetite” for a different approach to this drug policy in the United Kingdom.
“This survey shows that government and politicians are far behind public opinion,” said Rob Wilson, group executive director, and former conservative civil society minister. Addendum: “This illustrates the widening gap between a sustainable general ban policy and the growing attitudes of millions of voters who want to take new approaches to improve harm reduction and improve health.”
Just under a quarter of 1,690 respondents believe that patients for whom the doctor prescribed cannabis should grow their plants, while 22% said that anyone should be able to grow marijuana legally.
31% of respondents admitted that they tried cannabis. 56% of young Londoners supported this measure. 52% of Britons under 50 would like recreational marijuana to be legalized. Another 70% believe that the current prohibition policy has not been able to reduce the damage. 53% think that drug use should be considered a health problem. 50% believe that regulating the sale of cannabis will ensure the safety of young people, 23% think otherwise.
«The results of this survey demonstrate the urgent need for lawmakers and the government to begin rethinking policies in an open, fully informed and evidence-based debate about the future of drug policy.» — said Mr Wilson.
Voices such as Crispin Blunt’s deputy called for legalizing hemp in less than five years.
Mike Barton, a former Durham police chief, said: «This data shows that the British public agrees that criminalization is not a solution to drug problems. A public health approach can reduce damage to users and free up police resources to tackle serious crimes.»
CBD Oil market speculations
According to the latest Forbes magazine data, by 2020, the CBD market is expected to reach 1.8 billion euros or 700% increase.There are dozens of online stores, offers for Valentine’s Day, and troubled companies with pyramidal beams, on the other hand, all trying to take advantage of this trend.
What differentiates this particular oil from the rest of the products available on the market?
“Unlike THC, CBD is neither addictive nor addictive,” says expert medical marijuana Peter Greenspoon.
Harvard Medical School professor Peter Greenspoon is one of the most significant medical marijuana experts in the country. He works at the clinic, as well as at the Massachusetts General Hospital, so he has a hectic schedule and explains: “Cannabis plants contain more than 100 active ingredients (cannabinoids). The most important is THC (tetrahydrocannabinol) — this is what most people know why this particular substance leaves you in the body. The second most important compound is CBD, which, unlike THC, does not cause addiction. The problem of marijuana has never been the subject of debate in the field of health. It has always been a political issue, racism, and other conflicts of interest. This is not a dangerous medicine.”
But what’s inside the products containing CBD?
About a quarter-million people in England, Scotland, and Northern Ireland are estimated to regularly use CBD to treat general illness, relieve anxiety, sleep problems, chronic pain, and other different diseases. CBD is commonly found in the oil form and applied under the tongue using either a pipette or a spray dispenser. With the help of celebrities, it’s becoming more and more popular. But, not all of the production is appropriately tested. We, at Alphagreen, neatly and with a purely professional approach, make sure that the brands we feature on the marketplace are reliable in accordance with the law.
A recent survey, made by the Center for Medical Cannabis, the UK only legal association for cannabis-based products, tested 30 CBD-rich advertised products purchased
From real stores and online. Almost half (45%) were found to have measurable THC levels, making them technically illegal in the UK. The researchers also found the presence of the dichloromethane solvent in seven products, which can cause chest wheezing and shortness of breath above safe levels. Some CBD products also contain very little of the advertised ingredient.
Legal inconsistencies
The principle of mutual recognition prohibits the Spanish authorities from opposing the marketing and sale of CBD products in the EU, where they are legally produced and placed on the market. The cultivation and use of cannabis products are accepted in the EU as long as they are registered in the EU “Common Catalog of Varieties of Agricultural Plants,” And THC content should not exceed 0.2% of the plant.
However, recent updates to the New Foods Catalog website have been updated to accommodate cannabinoid entry. Based on the updated content, cannabinoids are now considered a novel food as no consumption records have been established since May 15, 1997. This means that extracts and products that contain CBD as ingredients are considered unique foods and may be illegal in EU countries.
On the other hand, the EU has given its consent to the use of CBD as an ingredient in the manufacture of cosmetics. The EU is strict in its use of narcotics but does not talk about the possible use of CBD as a food additive or ingredient in cosmetics and food supplements.
CBD is safe for consumption and has no negative side effects on users. There is a growing body of research indicating how CBD can offer various health benefits to users. It has been used in scientific research to relieve pain, reduce seizures in epileptic patients, lower blood pressure and also increases appetite. These activity levels are due to CBD’s ability to interact with cannabinoid receptors and also inhibit the side effects of THC.
Verified by a Healthcare Professional
Anastasiia Myronenko
Anastasiia Myronenko is a Medical Physicist actively practicing in one of the leading cancer centers in Kyiv, Ukraine. She received her master’s degree in Medical Physics at Karazin Kharkiv National University and completed Biological Physics internship at GSI Helmholtz Centre for Heavy Ion Research, Germany. Anastasiia Myronenko specializes in radiation therapy and is a fellow of Ukrainian Association of Medical Physicists.
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Alphagreen and its materials are not intended to treat, diagnose, cure or prevent any disease. The information and products presented on this site are not intended for medical use nor do they make any medical claims. Always seek the advice of your physician or another qualified healthcare provider for any questions you have regarding a pre-existing medical condition, are pregnant and/or are breastfeeding, and before undertaking any diet, exercise or another health-related program.
References
http://www.legislation.gov.uk/
https://www.europarl.europa.eu/
https://www.deadiversion.usdoj.gov/
https://assets.publishing.service.gov.uk/
https://www.health.harvard.edu/blog/medical-marijuana-2018011513085
