In a groundbreaking decision, the Court of Appeal in the UK has delivered a significant victory for low-THC hemp flower businesses and consumers, ruling that hemp flower with a THC content below 0.2% should not be considered a narcotic drug.
As reported by Business Of Cannabis, the ruling sets a new legal precedent that could be a major step forward for the CBD industry while providing hope for businesses that have been taking massive risks by continuing to trade in CBD flower.
It does not mean importing and selling low-THC flower is legal
While the ruling does not offer an immediate free pass for importing and selling low-THC flower, it does substantially reduce the risk of criminal prosecution, according to Robert Jappie, Life Sciences Partner at Fieldfisher, speaking to Business of Cannabis.
Uncle Herb
The case that led to this pivotal ruling involved Uncle Herb, an online CBD flower retailer based in the UK.
The company’s owners, Eleanor Margiotta and Dean Taylor, had a batch of flower imported from Italy, which was intercepted by customs in September 2019.
Subsequently, they faced severe charges that led to significant financial and emotional strain, forcing the retailer out of business.
We covered some of the story here, and have been a fan of Uncle Herb’s products since they started.
Ms. Margiotta, bravely determined to challenge the charges, argued under EU law that placing restrictions on the movement of hemp with a THC level below 0.2% was unlawful, as it is considered an agricultural product.
The Crown Court ultimately ruled in her favour, finding that no offense had been committed.
The Crown Prosecution Service (CPS) appealed this decision, escalating the case to the Court of Appeal.
The Court’s confirmation of the previous ruling now establishes case precedent, which other companies and individuals can rely on in similar situations.
Limitations
However, the ruling does have its limitations.
Notably, it only applies to cases where the trading occurred before the UK’s official departure from the EU on January 31, 2020, when EU laws on the movement of goods still held.
Despite the limitations, legal experts believe this decision could have far-reaching effects.
It challenges the current classification of CBD flower as a narcotic product, potentially leading to changes in how similar cases are handled by authorities.
This ruling could be a significant step forward for the CBD industry in the UK, offering newfound hope for businesses selling what we think is the most effective CBD product on the market.
Are we finally going to benefit from a legal hemp flower industry?
Read: 5 Best CBD Flower Shops In The UK (2023)
Read: 10 Reasons Why The UK Should Have A Regulated Hemp Flower Industry
Read: Why Is Hemp Flower Such A Contentious Issue In The UK?
