Explanatory: Everything you need to know about the proposed ban on CBD products in Hong Kong
Hong Kong authorities have proposed a ban on cannabis products. (Photo by South China Morning Post)
HONG KONG: Hong Kong police authorities have proposed banning CBD products this year, as cannabis-derived welfare items have recently gained popularity in the city.
The Security Bureau presented a document to the Legislative Council two weeks ago proposing amendments to include CBD – or cannabidiol, a cannabis-derived substance and its close relative, hemp – under the Dangerous Drugs Ordinance by 2022 , according to a previous report from the South. China Morning Post.
The change will make the substance illegal under the Dangerous Drugs Ordinance, which means those who buy or consume these products could face up to seven years in prison.
The South China Morning Post describes everything you need to know about the development and potential impact of this ban.
What is CBD?
CBD, or cannabidiol, is one of more than 100 chemical compounds found in the marijuana plant or its close relative, hemp. It is also possible to get CBD from other botanists other than cannabis.
The World Health Organization said CBD did not appear to have the potential for abuse or harm in its purest form.
CBD is currently legal in Hong Kong as long as it has no traces of THC (tetrahydrocannabinol), another active ingredient found in cannabis that gives users a “high” feeling. THC is included in the Dangerous Drugs Ordinance along with cannabis.
What products is CBD used in?
Known for its calming effect, the use of CBD is growing and can be found as an ingredient in various products such as food, beverages, beauty products and even pet food. Industry actors also claim that it can help clients regulate their anxiety, relieve stress and achieve a perfect night’s sleep.
Most CBD products sold in Hong Kong are imported from overseas, including the United States, Britain, and Europe.
CBD oil, depending on its use and quantity, is priced between HK $ 150 (660 baht) and HK $ 480.
Why are law enforcement concerned about the CBD?
Authorities said it was “almost inevitable” that CBD products would contain THC, as current technology could not remove it from the compound, which could also naturally break down into the illegal active ingredient.
The decomposition of CBD into THC could take place even under normal storage conditions, while water and carbon dioxide in the air could speed up the process, according to a government lab document.
Authorities cited a recent study that found a small amount of THC in a synthetic CBD solution after only three months of use and stored in a bank. No THC was detected in the article at the beginning of the experiment.
He also cited other literature, which found that CBD could be converted to THC with the use of readily available acidic materials, such as vinegar or battery acid, in the home kitchen.
According to the lab, 42.5% of CBD product samples submitted by police and the Customs and Excise Department for testing during the first four months of 2022 were found to contain THC.
How do other countries and regions regulate CBD?
In 2020, the United Nations recognized the medicinal and therapeutic potential of cannabis, but non-medical and non-scientific use remains illegal.
In the United States, the federal legal THC limit on CBD products is 0.3%. A product that exceeds this amount is considered marijuana, classified as an illegal drug under federal law.
From 2020, CBD food products in the UK must be licensed before they can be legally sold in the country. Those containing the chemical are considered legal if they have a THC content of less than 0.2%. The UK Food Standards Agency recommends not consuming more than 70 milligrams a day.
Mainland China banned the use of CBD in cosmetics production in 2021.
Thailand withdrew cannabis as a narcotic on June 9, allowing people to grow it at home. But extracts containing more than 0.2% THC will still be regulated as narcotics. The legal change has sparked interest in the production of CBD products among companies.
How will the proposed legislation affect ordinary consumers?
The proposed legislation will prohibit the manufacture, import, export, supply, sale, possession and transhipment of any product containing CBD in the city, regardless of quantity.
Authorities say CBD use will be exempt if prescribed under the ordinance or under a license issued by the Department of Health, adding that it will not affect research into cannabis compounds, as well as registration and use of pharmaceuticals.
Consumers and businesses will be given a “reasonable amount of time”, such as three months, to dispose of or consume the products, according to authorities.
In Hong Kong, possession of a dangerous drug is punishable by up to seven years in prison and a fine of one million Hong Kong dollars. Anyone who traffics, including the sale or gift of any quantity of dangerous drugs, is fined HK $ 5,000,000 and sentenced to life imprisonment.
How has the industry reacted?
Industry players say they often perform lab tests to make sure their CBD products do not contain THC, even though the law does not require it, before importing them to avoid breaking the ordinance.
Instead of a wholesale ban, they suggest an alternative law forcing companies to perform tests in government-authorized laboratories to make sure THC is not found in their products.
