UK: Court of Appeal says CBD flowers are not narcotic

July 31, 2023 by Ben Stevens and Joao Xabregas, Business of Cannabis Europe and CannaReporter

The Court of Appeals for England and Wales in the United Kingdom has set a new legal precedent by ruling that hemp flower with less than 0,2% THC should not be considered a narcotic. A decision has a significant impact on companies involved in the import and sale of CBD or low-THC hemp flowers.

Despite the important decision, it is essential to recognize that it does not provide a free pass for the import and sale of low-THC flowers, as recently seen in France. The timing and complexity of the case still require caution among companies.

According to statements by Robert Jappie, partner in the Life Sciences area at Fieldfisher, to the Business of Cannabis, this decision does not grant unlimited commercial privileges to CBD companies. However, it substantially reduces the risk of prosecution they may face.

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