A landmark ruling by the UK Court of Appeal has set a new legal precedent for British companies that import and sell hemp flower with low THC or CBD content .
The Court of Appeal made it clear that it did not consider hemp flower with a THC of less than 0.2% to be a narcotic.
Despite this, due to the timing and complexity of the case, the UK is far from having the definitive freedom to import and sell low THC flowers.
As Robert Jappie, life sciences partner at Fieldfisher, told Business of Cannabis : "This doesn't give these companies the green light to continue and start openly, but, at the same time, I think it significantly reduces their risk of criminal prosecution."
The case that prompted the UK to rule that CBD flowers are not a narcotic
Uncle Herb , a British online CBD flower retailer run by Eleanor Margiotta and Dean Taylor , had a batch of CBD flowers imported from Italy intercepted by customs in September 2019.
A year later, the owners were arrested and charged with "knowingly participating in the fraudulent evasion of a goods import ban," as well as "participating in the supply of cannabis to others," effectively accusing them of being drug traffickers.
The accusations, which would have been disastrous for the owners, leading to the closure of the store, were contested by Ms. Margiotta, who represented herself in court after initially being refused representation.
British law enforcement classifies all Cannabis Sativa flowers, regardless of THC content, as controlled substances, a component of the Drug Abuse Act that has long hampered the CBD and hemp industries.
Despite this, Ms. Margiotta was able to argue that under European legislation which prevailed at the time over British legislation, it was illegal to impose restrictions on the movement of Cannabis Sativa, or hemp with a THC level of less than 0.2%, since it is an agricultural product.
The Misuse of Drug Act was therefore considered a restriction on the movement of hemp, and the Crown Court ruled that no offence had been committed.
The Crown Prosecution Service (CPS) then appealed this decision. The appeal was subsequently brought before the Court of Appeal, the highest court in the country, where the decision was upheld.
As Mr. Jappie explained: “The judgment has upheld an established precedent. Normally, one cannot rely solely on a Crown Court decision, but the fact that it was taken to the Court of Appeal and reviewed and reaffirmed means that it is now a precedent that other companies and individuals can rely on.”
Source :
https://www.newsweed.fr/royaume-uni-fleurs-cbd-stupefiant-jugement/.
Editor-in-Chief specializing in CBD
Julien, born on July 17, 1978, in the Paris region, is a prominent writer and expert in the field of CBD products. Following his studies, Julien developed a passion for natural remedies, including CBD. In 2022, he joined the CBD.fr team as an expert and regular contributor. Thanks to his scientific expertise and clear writing style, Julien helps demystify the complexities of CBD, while highlighting its benefits and potential applications through his articles and conference presentations.
