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 does not consider hemp flower with a THC content of less than 0.2% to be a narcotic. Despite this, due to the timing and complexity of the case, the UK is still far from having the full freedom to import and sell low-THC flower. 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 an importation ban on goods,” 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 and led to the store’s closure, were contested by Ms. Margiotta, who represented herself in court after initially being refused legal representation. British law enforcement classifies all Cannabis Sativa flowers. Regardless of its THC content, cannabis falls under the category of controlled substances, a provision of the Misuse of Drugs Act that has long hampered the CBD and hemp industries. Despite this, Ms. Margiotta successfully argued that under European legislation, which at the time superseded British law, it was illegal to restrict the movement of Cannabis Sativa, or hemp, with a THC content below 0.2%, as it is an agricultural product. The Misuse of Drugs Act was therefore deemed a restriction on the movement of hemp, and the Crown Court ruled that no offense had been committed.
The Crown Prosecution Service (CPS) then appealed this decision. The appeal was subsequently taken to the Court of Appeal, the country’s highest court, where the ruling was upheld. As Mr. Jappie explained: “The judgment maintained a precedent.” Normally, one cannot rely solely on a Crown Court decision, but the fact that it was appealed to the Court of Appeal and re-examined and reaffirmed means that it now constitutes a precedent that other companies and individuals can rely on.
Source: https://www.newsweed.fr/royaume-uni-fleurs-cbd-stupefiant-jugement/.
