I saw a question on Reddit that basically asked: “How are they allowed to sell CBD buds? … If this stuff is illegal, how TF are there so many apparently legit shops online making a killing selling this stuff?”
It’s a question I’ve asked many times.
So I poked around, talked to people, read the court judgments, and what you find is a bit of a legal grey area with outdated laws, spotty enforcement, and brave shops betting on the future.
The rise of CBD Flower
The popularity of CBD flower – the dried buds of low-THC hemp – has bloomed slowly over recent years in the UK.
Wellness culture, curiosity about “full-spectrum” effects (terpenes, entourage effects), and a consumer demand for less potent weed (CBD flower has been labelled “diet weed” as it doesn’t intoxicate) have driven interest.
Shops began importing hemp flower from European farms, labelling it “industrial hemp,” “for tea,” and “non-psychoactive” to dodge some of the legal risk.
For years, some businesses operated in a zone of murkiness: they supplied, people bought, reviews were good, products shipped, and rarely were there harsh consequences. But that didn’t mean everything was legal. It just meant enforcement was inconsistent, the risks partly theoretical, and for some traders, worth taking.
The law, muddied and clarifying
Legally, the UK’s framework is messy. The Misuse of Drugs Act 1971 treats “cannabis” (including the flowers) as a controlled substance. That’s the foundation. Then there are regulations about industrial hemp: which strains are allowed, how much THC they can have (for cultivation), etc. And don’t forget import rules, trade laws, licensing, customs. All those layers overlap and sometimes contradict, especially since Brexit changed the relationship to EU laws.
A stand-out moment came with the Uncle Herb / Margiotta case. In 2019, Customs intercepted a batch of imported hemp flower (low THC) from Italy, and prosecuted the owners under import/supply charges. But Margiotta pushed back, arguing that at the time (pre-January 2020, when the UK was still bound by EU law on trade in goods), EU free movement rules meant hemp flower under certain THC limits should be treated like any other agricultural product.
The Court of Appeal agreed: in that case, the Misuse of Drugs Act couldn’t overrule EU law that allowed free movement of low-THC hemp flower. Crucially, though, the ruling applies only to conduct before Brexit.
So that decision reduced risk for certain businesses who had goods intercepted or prosecuted pre-2020. But after that, it’s murkier. Without those EU trade protections, the usual drug-laws and importation rules apply in full force. Shops selling CBD flower are still a legal limbo.
Real-world pushback & who’s suing
Legal ambiguity doesn’t mean nothing ever happens. Some companies are pushing back, taking authorities to court. A recent case (2024-2025) involves Ocean Development (Dorset) Ltd. and CBD Flower Shop Ltd. They hold a valid licence from DEFRA to import raw hemp (for tea) yet allege that Border Force repeatedly misclassified their shipments as illegal cannabis, seizing 10 consignments between August 2023 and May 2024.
They’re now suing the UK government for about £3.4 million in damages, including for the seizures themselves, reputational harm, lost business, and the costs of unclear regulation.
What this case illuminates is that even when you try to obey what seems like the legal requirements (licences, low THC, transparent trade), you can still be stopped, held up, or penalised by customs or enforcement agencies who apply older interpretations or simply err on the side of caution.
Why some seem to get away with it
There have indeed been several dramatic raids on shops selling hemp flower – particularly around 2019 and soon after – where stock was seized and premises searched. Yet in many cases there were few or no successful prosecutions.
For example, Canna Kitchen and Hemp Life were both raided in Brighton by fully-kitted police; although authorities seized “significant quantities of herbal cannabis” (though the owners insist it was legal industrial hemp) and charges were brought in some instances, convictions have proven elusive.
If you wander through TrustPilot reviews, shop websites or Instagram pages, you’ll see CBD flower vendors who:
- clearly show lab reports or certificates claiming low THC content;
- emphasise industrial hemp origins and compliance with EU or UK hemp-strain regulations;
- frequently frame their product descriptions very carefully (“for tea,” “not for inhalation,” “not for human ingestion,” etc.);
- accept standard payment methods, present regular business-like operations, and build good reputations via reviews and social media.
They’re taking a gamble, hoping their diligence will prevent them from being challenged by border officials or law enforcement, or that even if challenged, they can negotiate, comply, or survive a seizure without full prosecution.
Enforcement priorities matter. Police forces and customs have limited resources; some may think pursuing low-risk CBD flower sellers is low priority, especially when the THC is demonstrably minute and no harm seems obvious. Also, precedent (like Uncle Herb) gives some trade confidence.
So “getting away with it” is part of the strategy: staying just inside what’s defensible, avoiding red flags, having paperwork, and having a good lawyer.
The tension: Law vs. “legal but seized”
One of the most tragic parts of this story is how often legal hemp shipments are seized, delaying or preventing businesses from selling them – often until the product is no longer usable. One of the arguments in the lawsuit by Ocean Development is exactly that: even though they possess licences and claim legal status, Border Force’s actions repeatedly treated lawful hemp as though it were illegal cannabis.
So the legal status of “CBD flower” may be defensible in court in some circumstances, but in day-to-day operations it can still be extremely risky and unpredictable.
Where things are likely headed
It seems the horizon is shifting slowly but meaningfully. Cases like Uncle Herb, and Ocean Development’s suit, force courts and governmental bodies to more precisely define the line between legal hemp and illegal cannabis. When you have firms successfully challenging seizure, gaining precedents, or getting acknowledged by courts, that shifts the law forward.
I wouldn’t say we’re in a place of full legal certainty yet, but for businesses and consumers alike, there is more clarity than there was just a few years ago. If courts continue to hold that low-THC flower are not “narcotics,” and governments refine licensing and customs protocols, the greyness of the industry may fade.
So, to answer Reddit more directly
Yes, there are shops that seem totally legit, with reviews, social media presence, credit/debit card acceptance, etc. They manage to operate largely unmolested because:
- They’re cautious
- Enforcement is slow and inconsistent
- They lean on older precedents (like Uncle Herb)
But there’s no guarantee they are “safe” from legal trouble. Some business owners have been raided, had their products seized, and faced prosecution. The legal risk is real, especially for newer ventures and big shipments.
Final thoughts
If you’re thinking of buying, selling, or just understanding CBD flower in the UK, I’d suggest this:
- Seek out lab-tested, low-THC (<0.2% historically; later cases may affect thresholds) hemp flower with clear provenance.
- Be aware that law enforcement may still classify any flower/leaf part of Cannabis sativa as “controlled” under older interpretations.
- Watch legal cases: things like Ocean Development and similar suits are likely to push for clearer, more business-friendly regulation.
The CBD flower industry has been in limbo for years. The laws that distinguish between hemp and cannabis are outdated and aren’t designed for our current understanding of cannabis science. But the government is slow to act, and while there have been some promising developments over the years, there’s still no clear guidance of what’s allowed and what’s not.
In the meantime, check out the Subreddit CBDflowerUK for the latest reviews and opinions on CBD flower in the UK.
