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MsSianPhillips
Reference: T13185/16
Dear MsPhillips,
Thank you for your Freedom of Information request of 2 November regarding cannabidiol (CBD). Your query does not meet the requirements for a request for information under section 8(1) of the Freedom of Information Act 2000. As such, it is being treated as ‘business as usual’ correspondence, and has been passed to me to respond to as an official in the Home Office’s Drugs and Alcohol Unit.
CBD, in its pure form, is not a controlled substance under the Misuse of Drugs Act (MDA) 1971 in the UK and as such its importation/exportation is not restricted by this Act.
You may be aware that the Medicines and Healthcare products Regulatory Agency (MHRA)has been considering the status of CBD oils during 2016 and its medical assessors are now of the view that there is sufficient data for them to classify CBD products under the second limb of the definition of a medicinal product. Unlike classification under the first limb, a classification under the second limb relates to the function of the product; whether it elicits a physiological effect - metabolically, immunologically or pharmacologically. The MHRA’s opinion has been issued with the intention of seeking voluntary compliance. If companies do not accept this then the MHRA can use the statutory determination process set out in Part 9 of the 2012 Human Medicines Regulations[[1][2]][[2]] to determine the status of products.
It is important to highlight that some CBD-based products may contain tetrahydrocannabinol (a Class B drug) and other controlled cannabinoids. Therefore these products will be controlled under the MDA 1971, unless all elements of Regulation 2 of the Misuse of Drugs Regulations (concerning ‘exempted products’) applies. As such, it is highly likely that these could not be lawfully possessed, supplied, imported/exported or produced without the requisite controlled drug licence(s) being held in the UK.
I hope the above helps to clarify your query.
Yours sincerely
S. Selmani
Email:
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