Hemp Laws UK: The Truth About CBD Legality in 2025

Reading Time: 11 minutes

---

---

What exactly makes CBD legal in the UK, and why do so many people remain confused about hemp laws? The uncertainty surrounding CBD’s legal status has left consumers and businesses alike unsure about what they can legally buy, sell or use.

Contrary to popular belief, CBD oil is legal in the UK under specific conditions. Products must contain less than 1mg of THC per container and be extracted from EU-approved industrial hemp strains. However, this legality depends on meeting strict requirements that separate CBD from THC, its psychoactive counterpart.

Since 2019, CBD has been classified as a novel food in the UK, creating new market regulations and approval processes. Despite these requirements, the industry has grown substantially. Over 900 products were submitted to the Food Standards Agency (FSA) for approval in 2022. For businesses, compliance costs are significant—new licences cost £580, with renewals at £326.

The regulatory environment continues to change. The FSA now recommends a maximum daily dosage of 70mg of CBD, replacing earlier guidelines. Whether you’re buying CBD products, selling them, or simply curious about the law, understanding these requirements is essential for staying within legal boundaries.

This guide explains what makes CBD legal, how products are regulated, and what to look for when purchasing CBD in the UK.

What makes CBD legal in the UK?

CBD’s legal status in the UK depends on meeting specific criteria that distinguish it from controlled substances. These distinctions matter whether you’re buying, selling, or simply curious about CBD products.

CBD vs THC: The legal distinction

UK hemp laws centre on the fundamental difference between CBD (cannabidiol) and THC (tetrahydrocannabinol). Pure CBD as an isolated substance is not controlled under the Misuse of Drugs Act 1971. THC, however, remains classified as a Class B controlled substance.

The challenge lies in achieving complete purity. The Home Office states it is “nearly impossible to extract and isolate CBD from the cannabis plant or to create CBD synthetically without traces of other controlled cannabinoids, such as THC”. This technical reality means most CBD products contain trace amounts of controlled substances, creating regulatory complexity.

CBD products must qualify as “exempt products” under Regulation 2 of the Misuse of Drugs Regulations 2001 to remain legal. Without this exemption, a Home Office licence would be required for importation, exportation, production, supply and possession.

The 1mg THC rule explained

The “1mg rule” sits at the heart of CBD legality. CBD products must contain no more than 1mg of THC or other controlled cannabinoids per finished product container. This represents a total amount, not a percentage—a distinction many people misunderstand.

A common misconception suggests CBD products can legally contain up to 0.2% THC. This belief stems from cultivation regulations rather than finished product requirements. The Metropolitan Police clarifies: “0.2% is not a classification of a legal product but a guideline relating to which hemp varieties can be used by licenced commercial growers”.

The exempt product definition requires three critical criteria:

1. The product must not be designed for administration of the controlled drug to humans or animals
2. The controlled drug must be packaged in a form where it cannot be recovered by readily applicable means
3. No component part can contain more than 1mg of the controlled drug

The Home Office requires testing by laboratories accredited to ISO/IEC 17025 standards to verify compliance. This testing ensures products remain within legal limits whilst providing consumer protection.

Approved hemp strains and extraction methods

The source of CBD significantly affects its legal status. Legal CBD must come exclusively from approved industrial hemp strains. These varieties naturally produce minimal THC—less than 0.2% during cultivation. Industrial hemp has traditionally been grown for fibre and seeds, though cannabinoid content, particularly CBD, has gained recent attention.

CBD extracted from high-THC cannabis plants, rather than industrial hemp, remains illegal for over-the-counter sale in the UK. Certain parts of the hemp plant face fewer restrictions. Hemp seeds, hemp seed oil, and water infusions of hemp leaves (when not accompanied by flowering and fruiting tops) are not considered novel foods, as evidence shows consumption before May 1997.

Extraction methods play a vital role in maintaining legality. Techniques include CO2 extraction, ethanol extraction, and cold-pressing. Each method must ensure the final product stays within legal THC limits. The extract must also comply with Novel Food regulations, which classify CBD extracts as novel foods requiring authorisation before legal sale in Great Britain.

For retailers and consumers, this means verifying that products have undergone proper testing. CBD products sold as food or supplements must appear on the Food Standards Agency’s Novel Food authorisation register and make no medical claims.

These regulations create a framework that permits legal CBD commerce whilst maintaining controls over psychoactive cannabinoids.

Types of CBD products and their legal status

The CBD market offers three main product types, each with different legal implications under UK hemp laws. Understanding these distinctions helps you choose products that meet your needs whilst complying with current regulations.

CBD isolate: 100% legal and THC-free

CBD isolate contains over 99% pure CBD with all other cannabis compounds completely removed. This extraction process strips away every trace of THC, terpenes, flavonoids, and other cannabinoids, leaving only the CBD molecule.

Since isolate contains zero THC, it presents the clearest legal status among all CBD products. The Home Office acknowledges that creating truly THC-free CBD is extremely difficult, making properly manufactured isolate products particularly valuable for legal compliance.

If you’re concerned about workplace drug testing or wish to avoid THC entirely, isolate products offer peace of mind. This form is often preferred for precise dosing due to its predictable effects without the influence of other compounds.

Broad-spectrum CBD: Legal with no THC

Broad-spectrum CBD contains multiple cannabinoids, terpenes, and flavonoids from the cannabis plant—with one crucial difference—THC is completely removed. This extraction method preserves beneficial compounds whilst eliminating the legally problematic component.

These products aim to deliver what’s commonly called the “entourage effect“—the theory that cannabis compounds work better together than in isolation—without including THC. Broad-spectrum products are ideal if you want a complete hemp experience yet need to avoid THC entirely.

From a legal standpoint, broad-spectrum CBD products generally comply with UK regulations provided they truly contain zero THC. However, testing limitations mean trace amounts might occasionally be present. Reputable brands invest in rigorous third-party testing to verify THC absence and ensure legal compliance.

Full-spectrum CBD: Legal with restrictions

Full-spectrum CBD contains the complete profile of naturally occurring compounds found in the cannabis plant, including CBD, trace amounts of THC (within legal limits), terpenes, flavonoids, and other cannabinoids. This creates what many consider the most complete hemp extract available.

Under UK law, full-spectrum CBD products must adhere to strict THC limitations to remain legal. They must contain no more than 0.2% THC by concentration. More importantly, the total THC content in any container must not exceed 1mg, regardless of the product’s size.

Despite these restrictions, full-spectrum products remain popular due to their complete cannabinoid profile. The presence of multiple compounds creates interactions that many users find beneficial compared to isolated CBD.

It’s worth noting that all legal CBD products must come from EU-approved industrial hemp strains. When driving after using full-spectrum CBD, be aware that trace THC levels could potentially affect roadside drug tests, although the risk is minimal with legally compliant products.

Third-party lab testing is especially critical for full-spectrum products, as it verifies THC levels remain within legal limits. When purchasing any CBD product, but particularly full-spectrum varieties, always choose brands that provide detailed lab reports from independent laboratories.

Each CBD type has different legal considerations that reflect their composition. Understanding these distinctions helps you select products that align with your needs whilst staying within UK law.

Understanding the novel food regulation

The Food Standards Agency’s decision to classify CBD as a novel food in 2019 changed the regulatory environment for all CBD products in Britain.

Why CBD is classified as a novel food

Novel foods are defined as those without significant consumption history in the UK or EU before May 1997. The FSA confirmed CBD’s status as a novel food in January 2019, creating immediate regulatory implications for the entire market. This classification applies specifically to CBD extracts themselves and any products containing them as ingredients.

It’s worth noting that not all hemp-derived products fall under this classification. Hemp seeds, hemp seed oil, ground hemp seeds, (partially) defatted hemp seeds and water infusions of hemp leaves (when not accompanied by flowering and fruiting tops) are exempt from novel food status, as there’s sufficient evidence of their consumption before the May 1997 cutoff date.

FSA approval process for CBD products

The FSA established a structured approval pathway following the novel food classification. Businesses selling CBD products were required to submit novel food authorisation applications by 31 March 2021. This deadline served as a regulatory checkpoint—after this date, only products with validated applications could legally remain on the market.

The approval process involves rigorous safety assessments. Currently, three applications for CBD (>98% purity) isolated from Cannabis sativa have received positive safety evaluations, meaning the FSA concluded they provided sufficient information to assure safety under proposed usage conditions.

Each application must be product-specific for manufacturers seeking approval. Any variation—even a different flavour—requires a separate authorisation. The FSA recently established a provisional acceptable daily intake (ADI) of 10 mg/day of CBD for healthy adults, guiding future product formulations.

The FSA is expected to make recommendations to Ministers in England and Wales on its first CBD applications in Spring/Summer 2025. If approved, these would become the first fully regulated CBD food products available on the UK market.

What happens if a product isn’t approved?

Products lacking proper authorisation face serious consequences. The FSA has stated that CBD products without validated novel food applications “will be taken off the shelves”. Unauthorised novel foods are considered unsafe—requiring immediate recall and destruction.

Local authorities hold responsibility for removing non-compliant products. This creates a tiered regulatory structure where the FSA establishes policies while local enforcement handles implementation.

The FSA maintains a public list of CBD products linked to valid market authorisation applications. This list allows products to remain on sale while the industry moves toward compliance. However, applications failing to make sufficient progress toward validation within agreed timeframes result in products being marked as “removed”. These products should then exit the market and may face local enforcement actions.

For consumers, this regulatory framework aims to ensure that any CBD product purchased meets established safety standards—a critical consideration in this rapidly evolving market.

Hemp cultivation laws in the UK

Growing industrial hemp in Britain involves strict regulations that balance agricultural potential with controlled substance concerns. The Home Office oversees this tightly regulated activity through a detailed licencing system.

How to get a hemp growing licence

Obtaining a controlled drugs domestic licence from the Home Office is the first step for cultivating industrial hemp in the UK. You must apply through the government’s online licencing system—postal or email applications are not accepted. The application process involves several key steps:

1. Register as a user on the controlled drugs licencing system
2. Complete enhanced Disclosure and Barring Service (DBS) checks for everyone named on the application
3. Submit all required documentation within the application window
4. Pay the licence fee—£580 for first-time growers and £326 for repeat growers

DBS checks must be conducted through Matrix Security Watchdog and remain valid for three years. Applications for the 2026 growing season cannot be submitted before the application window opens, otherwise they face automatic rejection.

Licence validity periods are changing. Licences issued for the 2025 growing season remain valid for three growing seasons. From the 2026 season onwards, licences will extend to six growing seasons, provided growers comply with all licence terms.

Restrictions on where and how hemp can be grown

Strict guidelines govern both location and cultivation methods. Only EU/UK-approved seed varieties with THC content below 0.2% may be legally cultivated. This restriction forms a fundamental aspect of UK hemp laws.

The Home Office has recently expanded cultivation permissions regarding location. Farm businesses can now grow hemp anywhere “within the extent” of a licenced farm—a change effective from the 2025 growing season. For tenants renting fields under bare rental agreements, cultivation can occur anywhere on the farm where land is rented, provided it’s covered by the agreement.

However, the government advises positioning crops “sensitively in locations away from schools, public rights of way or vehicular access” to avoid drawing unnecessary attention. Should you wish to grow on additional land outside your licenced farm, separate licencing is required.

The licence permits only industrial use of non-controlled parts—specifically seed and fibre. The flowers and leaves (“green” or controlled materials) cannot be legally harvested without additional licencing.

Annual reporting and compliance requirements

Maintaining compliance requires strict record-keeping and reporting obligations. Every licence holder must submit an annual hemp grower statement by 1st May each year, regardless of whether cultivation occurred. This requirement applies throughout the licence period—failure to submit can result in licence revocation.

The annual statement requires detailed information about:

• Cultivation areas
• Sowing details
• Crop yields
• Compliance with licence conditions

Growers must immediately report any theft or unexplained losses of cannabis from their farm. The Home Office emphasises that completing the grower statement doesn’t constitute an application for licence renewal—you must separately apply for and obtain further authorisation before continuing cultivation.

UK hemp cultivation remains tightly controlled yet increasingly accessible. Applications have grown from just six licences in 2013 to 136 in 2023, showing that industrial hemp is gaining recognition as a valuable agricultural crop—albeit one requiring careful regulatory navigation.

Marketing and labelling rules for CBD

How can businesses advertise CBD products without falling foul of UK regulations? The rules surrounding CBD marketing and labelling create significant challenges for companies trying to promote their products legally.

If you’re selling CBD products, understanding these marketing restrictions is essential to avoid regulatory action.

No medical claims allowed

The Medicines and Healthcare products Regulatory Agency (MHRA) has established clear boundaries for CBD marketing. Any CBD product making medicinal claims must be licensed as a medicine. Companies cannot use terms such as “cure,” “restore,” “prevent,” “avoid,” “fight” or “heal” when describing their products.

Even subtle medical references can trigger enforcement action. The Advertising Standards Authority (ASA) recently ruled against a CBD skincare range that claimed to “target areas of pain,” determining this constituted a medicinal claim for an unlicensed product. Similarly, references to research into CBD’s effects on anxiety, psychosis, or chronic illnesses were deemed inappropriate medical claims.

For businesses, this means CBD products must be promoted solely as food supplements or wellness products. Companies cannot suggest their products treat specific medical conditions.

Daily dosage limits and labelling standards

The Food Standards Agency (FSA) now recommends that healthy adults consume no more than 10mg per day of CBD (approximately 4-5 drops of 5% CBD oil). This recommendation represents a significant reduction from the previous limit of 70mg daily.

CBD product labels should clearly display:

1. Maximum daily intake recommendation of 10mg CBD
2. Statement that only one CBD product type should be consumed per day
3. Warning that the product is unsuitable for under-18s
4. Advisory that pregnant or breastfeeding women should avoid use
5. Notice that people taking medications should consult healthcare professionals before use

The FSA bases these restrictions on evidence suggesting potential long-term effects on liver and thyroid function with higher consumption levels. Some products currently available contain more than 10mg CBD per serving, placing responsibility on consumers to monitor their intake carefully.

Role of the MHRA and ASA in enforcement

Two primary agencies monitor CBD marketing compliance in the UK. The MHRA determines when products require medical licensing, whilst the ASA oversees advertising claims across all media platforms.

The ASA actively investigates complaints about CBD advertisements, particularly those containing implicit or explicit medicinal claims. Both agencies work together to ensure CBD products aren’t marketed as medical treatments without proper authorisation.

Enforcement typically begins with advertisement removal and can escalate to product recalls for serious breaches. Third-party lab testing and transparent labelling represent best practice for businesses demonstrating compliance.

For consumers, understanding these restrictions helps identify properly regulated products whilst avoiding those making questionable health claims.

Enforcement and real-world compliance issues

The gap between CBD regulations and their enforcement reveals ongoing challenges within the UK’s hemp laws framework.

The Holland & Barrett case

Holland & Barrett, a major high street retailer, faced allegations from the Daily Mail about selling CBD oils containing up to 10 times the legal THC limit. The company defended its position by stating it had consulted with the UK Home Office before selling these products and argued that the 1mg THC rule only applies to products designed for administering controlled cannabinoids. Their defence centred on product classification—claiming their supplements weren’t designed for THC administration and therefore fell outside certain restrictions.

How products are tested and removed

Trading Standards authorities handle most enforcement actions, actively removing non-compliant products from shelves. The regulatory framework creates substantial barriers for businesses, with many investing significantly in safety documentation whilst awaiting clearer guidance. Failing to comply with regulations can result in enforcement action, product withdrawal and considerable reputational damage.

Why third-party lab testing matters

Third-party testing provides objective analysis of CBD products through independent laboratories with no industry affiliations. This verification has become increasingly important as multiple studies show CBD products are frequently mislabelled regarding cannabinoid content. A comprehensive Certificate of Analysis (CoA) should display the cannabinoid profile and confirm the product is free from heavy metals, pesticides, residual solvents and harmful microbes. For consumers, these certificates represent a crucial safeguard against companies selling inferior products.

Conclusion

Understanding UK hemp laws requires attention to specific details that determine whether CBD products remain legal. CBD is legal when products contain less than 1mg of THC per container and come from approved industrial hemp strains. The differences between CBD isolate, broad-spectrum, and full-spectrum products affect both their legal status and what you can expect from them.

The novel food classification has created mandatory approval processes for CBD products. Businesses must also follow strict marketing rules that prohibit medical claims, while hemp cultivation operates under controlled licencing systems with location restrictions.

However, enforcement reveals gaps between regulations and practice. Third-party lab testing provides the most reliable way to verify that products meet legal standards and contain what manufacturers claim. These independent certificates show cannabinoid profiles and confirm products are free from contaminants.

The FSA’s reduced daily intake recommendation to 10mg demonstrates how these regulations continue evolving based on emerging research. Some products on the market still contain more than this recommended amount, making it essential to check labels carefully.

If you’re considering CBD products, ensure they have proper testing certificates, verify THC content stays within legal limits, and check the FSA’s approved submissions list.

This regulatory landscape will likely continue changing as research progresses and understanding of CBD develops. The key is staying informed about current requirements while choosing products from reputable companies that prioritise compliance and transparency.