By RQS Editorial Team

An update on the status of CBD in the UK (2020).


In November 2018, new UK legislation was passed that made cannabis-derived medicine available via prescription by a limited number of doctors. Cannabis moved from a Schedule 1 drug (i.e. drugs without medicinal use) to Schedule 2, granting it the same legal status as opiates and other strictly regulated prescription drugs.

With the approval of cannabis-derived medicinal products such as Sativex and Epidiolex, the Medicines and Healthcare products Regulatory Agency (MHRA) officially recognised cannabinoids, including cannabidiol (CBD), to have valid applications.

For the UK, this was a big milestone. Yet, for consumers looking to freely obtain CBD products, and for the CBD industry itself, things don’t look too rosy. A complex web of outdated regulations means individuals are now at risk of losing access to the CBD products they have come to rely on.

CBD: An Overview

Cannabidiol is the second most abundant cannabinoid found in Cannabis sativa, a species that includes both non-psychotropic cannabis (including hemp) and marijuana.

CBD is secreted from the resin glands of trichomes, which are tiny outgrowths that appear on the buds and leaves of cannabis plants. In a comprehensive 2018 review[1] by the World Health Organisation, CBD was deemed non-toxic and well tolerated, opening up a greater conversation surrounding the cannabinoid’s potential applications worldwide.

A growing body of preclinical and early clinical research points to CBD’s versatility, and it has been researched for its potential effects on numerous conditions of the mind and body. Aside from a few specific applications, CBD has yet to be approved as a treatment for most of the conditions it’s believed to assist with.

Moreover, the cannabinoid is often used as a daily supplement to support general health and well-being. A few drops of CBD oil, taken in much the same fashion as other supplements and vitamins, has become a regular part of many people’s lifestyles.

CBD: An Overview

What Happened?

Considering the historical lack of cannabis regulations in the UK, the MHRA’s decision[2] to medically classify CBD came as somewhat of a surprise.

The reasons are twofold: the call was primarily made in response to a worrying trend of reckless CBD manufacturers making grandiose medical claims about their products. 

Now, the MHRA requires all licenced medicinal products to meet safety, quality, and efficacy standards to ensure the health of the consumer. While this is an effective manoeuvre to quell irresponsible producers from selling misleading products, it also puts quality manufacturers at risk of losing their business.

The new enforcements ushered in by reclassification appeared after 18 CBD companies around the country received documentation of the MHRA’s opinion, forcing producers to shut down operations in medias res. From now on, a company must apply for a licence or “marketing authorisation” to produce medical CBD products. This comes alongside a whopping £103,000 fee to comply with new medical quality mandates.

What’s more, the new classification brings with it a host of requirements that significantly impact the sale of freely available (i.e. "non-medicinal") CBD products such as CBD oils or CBD snacks in the UK.

While the new mandates will benefit patients taking medicinal cannabis for certain conditions such as Dravet syndrome, there is a lack of ordinances allowing consumers to continue purchasing CBD products. The result is an almost absurd situation where the MHRA has acknowledged the medicinal potential of CBD, yet is limiting access to it for existing consumers.

CBD is no longer a controlled substance, meaning it is 100% legal in the UK. In practice however, things have become complicated.

Companies legally selling CBD products are not allowed to make any claims about medical benefits, which by itself is strange, seeing that this comes at the same time as the approval of cannabis-derived medicines. According to the MHRA and FSA (Food Standards Agency), companies are only allowed to advertise CBD as a food supplement under novel food guidance.

Likewise, THC, while being recognised as having medicinal properties, is still illegal. Any CBD product sold in the UK must derive from EU-grown hemp and cannot have more than 1mg THC per dose/package.

A Looming Novel Food Deadline

CBD manufacturers have been given a deadline of March 2021 to submit an application for a novel food licence. Any UK-based company operating in the CBD industry from March 2021 onwards will require authorisation from the FSA. For the booming CBD market, this poses big challenges. In fact, it may even spell its end.

According to Emily Miles, Chief executive at the FSA: "The CBD industry must provide more information about the safety and contents of these products to the regulator by March 2021, or the products will be taken off the shelves".

The FSA said that producers were slow to submit their products, which forced the agency to impose the deadline. As of this time, hardly any of the many available CBD products in the UK have undergone the approval process. By next year, these products will be pulled from the market.

One issue in regards to the status of CBD in the UK is that it is under-regulated. There exists no updated guidance for these products. Instead, the industry needs to refer to existing product regulations in regards to cannabis, food supplements, and general product safety.

Applying for novel food status, or any other type of licence related to CBD or hemp, requires significant capital, time, and resources that many vendors and producers don’t have.

A Looming Novel Food Deadline

A Booming Market for CBD

In recent years in the UK, consumer interest in CBD products has exploded. In fact, experts predict a massive 50% increase[3] in consumer spending on CBD in the UK from 2019 to 2020. As a result, the market had been flooded with a plethora of CBD products—and not all of these are from reputable sources.

Testing has revealed many CBD products to contain unlisted and potentially hazardous ingredients. Many times, products also contain illegal levels of tetrahydrocannabinol (THC), or contain far less than the claimed amount of CBD (if any).

While weeding out bad players in the industry is definitely welcome, the new hurdles are also affecting quality producers in this sector. In other words, small companies with good practices may not be able to afford the licences necessary to survive.

Game Changer? European Court Rules “CBD Is Not A Narcotic Drug” (Nov. 2020)

The November 19, 2020 ruling by the European Court of Justice was a huge win for the CBD industry. The “KanaVape ruling”, following a six-year court battle between CBD company KanaVape and the European government finds that CBD cannot be regarded as a narcotic, and that the provisions on the free movement of goods within the EU are applicable. This is huge news, and may well be the long-awaited game changer for the CBD industry in Europe and the UK.

In its ruling, the ECJ notes that to define the term ‘narcotic drug’, EU law makes reference to two UN conventions, the Convention on Psychotropic Substances and the Single Convention on Narcotic Drugs. CBD is not mentioned in the former and, while an interpretation of the latter might lead to its being classified as a drug (as it is a cannabis extract), such an interpretation would be “contrary to the general spirit of that convention and to its objective of protecting ‘the health and welfare of mankind.’”

The court also notes that, according to current scientific knowledge, which had been taken into account for the ruling, CBD "does not appear to have any psychotropic effect or any harmful effect on human health."

How Does The KanaVape Ruling Affect The UK?

The Managing Director of the Cannabis Trades Association, which is the largest cannabinoid-centric trade association for the UK and Europe, Siân Phillips says that the ruling has enormous relevance to the EU and will also have a real impact on the UK. This is because the ruling will be part of the UK post-Brexit law and that it will open up the market for trade in cannabis plant extracts and potential CBD flower sales in the UK.

“Normally, the ECJ ruling is the final word,” says KanaVapes’ Antonin Cohen, who calls the ruling a great result for Europe and France. He hopes that the ruling will shift the EC’s focus from classifying CBD as a narcotic.

He is cautiously optimistic, saying that at this time it is not certain whether courts may possibly look to add new restrictions. Previously, more than 50 companies looking to secure authorisation to sell CBD products had been denied Novel Food applications, following a preliminary decision by the European Commission which back in July said that CBD is a narcotic and not a food. He now hopes that after this new ruling the EC will approve Novel Food applications for CBD products.

Current Status of CBD in the UK

Current Status of CBD in the UK

At the time of this writing (December 2020), the CBD situation in the UK looks like this:

  • Importing CBD: CBD products can be imported into the UK, but there must be third-party laboratory proof that they do not contain illegal levels of controlled substances.
  • CBD supplements: Products on the market before 13th February, 2020 require a validated submission or approved novel food application. New products (after 13/2/20) require a novel food application.
  • CBD cosmetics: CBD-derived cosmetics and beauty products require a Cosmetic Product Safety Report (CPSR).
  • CBD e-liquids: CBD intended for vaping needs to comply with non-nicotine e-liquid regulations, i.e. General Product Safety Directive.
  • CBD bud: The sale of CBD flowers (buds), regardless of origin, remains prohibited, even if THC content is below 0.2%.
  • The maximum level of THC allowed is 1mg per product/package. This includes buds and leaves, along with cannabis resin in any form

The KanaVape ruling is now removing the stigma of CBD being regarded as a drug, placing it on the same level as “Novel Foods”. This is no doubt a big step in the right direction. In a best case scenario, if the UK adopts the ruling, it will allow the free sale of CBD products, and possibly even CBD flowers, as "Novel Foods" on the UK market. However, nothing is set in stone yet, and things could still go in the one direction or the other.

An Uncertain Future for CBD in the UK?

Ultimately, regulations should be to the benefit of consumers. After all, it’s a good thing if consumers are able to safely and confidently purchase CBD products. Yet, as it stands currently, old regulations are still in effect which are still limiting consumer choices and which pose a threat to the flourishing CBD industry in the UK. For the CBD industry in the United Kingdom, the immediate future is still looking uncertain. The KanaVape ruling, shining like a light at the end of the tunnel is however giving hope for both, the CBD industry and UK consumers.

External Resources:
  1. WHO Expert Committee on Drug Dependence Critical Review: Cannabidiol (CBD) https://www.who.int
  2. MHRA statement on products containing Cannabidiol (CBD) https://www.gov.uk
  3. UK Demand For CBD Products Soars Amid Covid-19 Pandemic https://www.forbes.com
Disclaimer:
This content is for educational purposes only. The information provided is derived from research gathered from external sources.

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Privacy Policy - Royal Queen Seeds

To ensure a safe online environment and guarantee adequate data protection, we strictly comply with all legal requirements. In this privacy statement, we provide information about how and for what purpose data is collected, safety measures, storage periods and contact details.


COMPANY NAME: SNORKEL SPAIN, SL (hereinafter ROYAL QUEEN SEEDS)

C/ Vilar d'Abdelà, 5 (nave 1) CP: 08170 de Montornès del Vallès

+34 937 379 846

support@royalqueenseeds.com


The present Privacy Policy sets out the terms on which we will treat personal data at ROYAL QUEEN SEEDS; this includes any personal data collected through our website https://www.royalqueenseeds.com/ as well as any other data we process in the course of our business activities.

ROYAL QUEEN SEEDS collects the following personal data for the purposes listed below:

SECTION 1 – PERSONAL INFORMATION WE COLLECT

1.1 Account purchases

Account purchases can only be made if you are in possession of a personal account. When you create an account or purchase something from our shop, as part of the buying and selling process we collect the following personal information that you provide to us:

This information is required for delivery. In addition, when you browse our shop, we automatically receive the Internet Protocol (IP) address of your computer. Based on this information, we can optimise your online experience and at the same time protect our online environment.

Purpose of data collection

We collect and store account-related data for the following purposes:

(a) to carry out obligations arising from any contracts between you and us, and to provide you with information, products and services that you may request from us;

(b) to set up, manage and communicate with you about your account and your orders;

(c) to conduct market research and analysis;

(d) to confirm your age and identity, and to detect and prevent fraud.

1.2 Newsletters

With your explicit permission, we may send you newsletters about our shop, new products and other updates. We send newsletters based on your explicit consent. In the event that you purchase a product, and in accordance with current regulations, we may send you commercial communications in accordance with the legitimate interest of our company, always about products or services similar to those you have purchased or contracted. In any case, you may exercise your right of opposition through the channels announced in this Privacy Policy. The following information is collected in relation to the newsletter:

We do not need to know the sex of the person in order to send the newsletter (data minimisation: by law we must ask for data that is strictly necessary to provide the service, and in this case knowing the sex is not necessary to send the newsletter).

Purpose of data collection

The data collected is used to:

(a) personalise our emails, including your name and gender;

(b) provide gender-specific content.

You can withdraw your consent at any time by using the link provided in the newsletter or the contact information provided in section 2.

1.3 Customer service and contact form

In order to provide appropriate support, our customer service employees have access to information related to the account. Consequently, their support will be highly effective and friendly. The data provided in our contact form is used by our CRM provider, SuperOffice. We will only use your details to respond to your message.

SECTION 2 – LEGITIMATE INTEREST

If you have purchased any of our products, please note that we may process your personal data for promotional purposes, based on Royal Queen Seeds' legitimate interest only to offer you products or services from our company and about products or services similar to those you have purchased. You may exercise your right to opt out of future messages by the means set out in this Privacy Policy or through any notification you receive.

2.1 How do you withdraw consent?

If you change your mind, you can withdraw your consent for us to contact you for the purpose of collecting, using, or disclosing your data at any time by reaching out to us at: support@royalqueenseeds.com.

SECTION 3 – DISCLOSURE

We may disclose your personal information if we are required to do so by law or if you breach our Terms of Service.

SECTION 4 – HOW LONG DO WE KEEP YOUR DATA?

At Royal Queen Seeds, we will not retain your data for longer than is necessary for the purposes described in this Policy. Different retention periods apply for different types of data; however, the longest period we will normally hold any personal data is 10 years.

4.1 Account information

Data relating to the account remains relevant for as long as the consumer is in possession of an account. Therefore, the data remains documented for as long as the account exists. When our customers delete an account, the associated data will be deleted within a reasonable period of time. Requests regarding the inspection or correction of stored personal data or the deletion of an account can be sent to support@royalqueenseeds.com.

4.2 Newsletters

In the event that you give us your consent to inform you about our products or services, we will keep your data until you express your wish not to receive any further communications from us. However, we regularly (every month) carry out a relevance check. Registered customers (and their personal information) will be deleted whenever customers do not reply to our request. In addition, our newsletter mailing has an opt-out feature. Consumers can withdraw their consent by using this opt-out feature.

SECTION 5 – COOKIES

Cookies are small information files that notify your computer of previous interactions with our website. These cookies are stored on your hard drive, not on our website. Essentially, when you use our website, your computer displays its cookies to us, informing our site that you have visited before. This allows our website to function more quickly and remember aspects related to your previous visits (such as your username), making your experience more convenient. At Royal Queen Seeds, we use two types of cookies: functional and analytical.

5.1 Functional Cookies

Functional cookies are used to enhance your online experience. Among other things, these cookies track what is added to your shopping cart. The use of these cookies does not require prior authorization.

5.2 Analytical Cookies

Analytical cookies are used for research and market analysis. The data collected with these analytical cookies is anonymous, making it unusable for third parties. The use of these cookies does not require prior authorization.

SECTION 5 – THIRD-PARTY SERVICES

Third-party services are required to conduct transactions and provide our services. In general, the third-party providers we use will only collect, use and disclose your information to the extent necessary to enable them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies regarding the information we must provide to them for your transactions.

We encourage you to read the privacy policies of these providers so that you can understand how these providers will handle your personal information.

In particular, certain suppliers may be located or have facilities located in a different jurisdiction than yours or ours. Therefore, if you choose to proceed with a transaction involving the services of a third party, your information may be subject to the laws of the jurisdiction in which that service provider or its facilities are located.

Once you leave our website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or the Terms of Service of our website.

Web analytics service (anonymous data)

On this website we have integrated an element of a web analytics service (with anonymisation functionality). Web analytics can be defined as the gathering, processing and analysis of data about the behaviour of visitors to websites. An analytics service collects, among other things, data about which website a person came from (the so-called referrer), which sub-pages they visited or how often and for how long they visited a sub-page. Web analytics is mainly used for website optimisation and for a cost–benefit analysis of internet advertising.

Courier service

To complete deliveries we use a courier service. This courier service carries out the delivery between our company and the consumer's home. To complete these logistics, the company requires access to the consumer's name and address information.

Mailing service

Royal Queen Seeds uses a third-party mail service provider to send its newsletter. This provider has access to limited account information related to opt-in consent (e.g. email address).

Marketing services

Royal Queen Seeds has the support of a company that specialises in marketing and communication activities. Their access to personal information is very limited and mostly anonymous.

Payment services

At Royal Queen Seeds we use external payment services to handle our transactions (e.g. credit card payments).

SECTION 6 – SECURITY

To protect your personal information, we take reasonable precautions and follow industry standard best practices to ensure that it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored using AES-256 encryption. Although no method of transmission over the internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional industry standards that are commonly accepted. Information related to the account is protected with a hashing method. This method transforms the information into a generated hash. As a result, confidential information is protected and invisible, even to us. In addition, our databases are exceptionally protected against unauthorised access. For example, access to the database is only possible and permitted via approved IP addresses (e.g. from Royal Queen Seeds headquarters). Other attempts and addresses are rejected at all times.

Furthermore, data is anonymised as much as possible, so it cannot be directly linked to a specific consumer. With this data, however, we may be able to carry out market research and analysis. In addition, the third parties concerned (e.g. mailing service) are examined prior to our collaboration, comply with the GDPR from the EU and receive a processing agreement. Within Royal Queen Seeds, employees are assigned different access permissions. Specific permission provides access only to information that is strictly required to perform a task. Digital security measures are subject to change and must meet high requirements to ensure the safety of online customers. That is why, at Royal Queen Seeds, we appoint a security officer. Regular verification and improvement of security measures (where necessary) are part of the role.

SECTION 7 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time, so please check back regularly. Changes and clarifications will be effective immediately upon being published on the Website. If we make substantial changes to this policy, we will notify you here that it has been updated so you will know what information we collect, how we use it and under what circumstances, if any, we use and/or disclose it.

SECTION 8 – YOU HAVE THE RIGHT TO: