Initially composed largely of edible oils (oral drops), the UK CBD market has existed in a legal limbo due to products containing trace amounts of controlled cannabinoids and other safety concerns. But enthusiastic adoption by consumers has forced food safety authorities to begin regulating the market through the novel foods process.
In February 2020, manufacturers and brands were invited to submit dossiers to demonstrate the safety of their products through toxicology data. Any item present on the market at that time was eligible for inclusion on a public register, which would signal to retailers that the product was undergoing assessment by the FSA.
While the register was intended to be comprehensive when it was published in April 2022, processing delays and incomplete applications led to staggered updates to the list throughout that year. The register now numbers almost 12,000 products.
End of year
The FSA appears to have paused novel food assessments while waiting for an update from the Advisory Committee on Novel Foods and Processes Committee on Toxicity on acceptable daily intake (ADI) of CBD. On 12 October 2023, the FSA issued new precautionary advice which lowered the ADI from 70 milligrams per day to 10 milligrams per day.
Similarly, the FSA seems to have been held back by the need for legislative changes on controlled cannabinoids such as THC in CBD ingestibles. On 24 October 2023, the Home Office announced its intention to address this, with the department planning to allow CBD ingestibles to contain up to 50 micrograms of controlled cannabinoids per unit of consumption.
Both the FSA’s precautionary advice and the Home Office’s legislative proposals remain subject to further consultation with the industry.
Yet in spite of these challenges, there is significant cause for optimism. Food and drink items containing CBD are listed in every major supermarket in the UK, as well as high street pharmacies and health food shops.
Having already demonstrated strong growth in turbulent conditions, with the right legal framework in place the UK has the opportunity to cement its status as a global leader in consumer cannabinoids.