It has been hailed as a possible cure for arthritis, insomnia and anxiety, but the sale of cannabis-derived food and oil is in breach of consumer laws in Scotland, according to regulators.
The public body responsible for food safety, Food Standards Scotland, said that no cannabidiol (CBD) products had been authorised for legal sale, even though they are available online and in shops.
CBD is the non-psychoactive component of the cannabis plant, and sales have soared with consumers looking to ease anxiety snapping it up in the form of oils, sweets and vaping liquids. The demand followed a ruling by the UK Medicines and Healthcare products Regulatory Agency that it can be used as a medicine.
While reputable manufacturers and stores only want to sell goods as billed, there is concern that some unauthorised products may have less CBD than stated, or even contain tetrahydrocannabinol (THC), the illegal compound in cannabis that makes people high.
“CBD products have been on the market for some time,” Food Standards Scotland said. “The novel food status of CBD was clarified in January 2019 and since then CBD products that remain on the market are in noncompliance with the pre-market authorisation requirements of the novel food regulations.”
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The regulator said that enforcing the prohibition was the responsibility of local authorities. In response, Cosla, the councils umbrella group, said: “Scotland’s councils take their enforcement duties seriously. I understand in relation to CBD that guidance is being drafted.”
Scotland has been accused of falling behind the rest of the UK. The UK Food Standards Agency, which is responsible for food health in England, Wales and Northern Ireland, granted exemptions to companies willing to commit resources to submit evidence on CBD safety. This will allow established products to continue to be sold until they receive full authorisation.
“In Scotland, the current [situation] is a confusing mess,” said Steve Moore, head of the Association for the Cannabinoid Industry. “[Elsewhere] in the UK companies know that if they meet regulatory requirements they can keep products on the market.”
Sue Webber, the Scottish Conservative shadow public health minister, voiced concern that Food Standards Scotland appeared unwilling to take responsibility for enforcement.
She said: “That sort of passing the buck is the last thing we need in terms of Scotland’s drugs policy. There needs to be more joined-up thinking and clarity.” She added: “It would be deeply concerning if products were found to contain a potentially more dangerous element of cannabis.”
Tom Whettem, chief executive of British Cannabis, which makes and distributes cannabis-derived products, said current arrangements were unhelpful. He said: “We’ve invested thousands of pounds gathering data to demonstrate our product safety and at the same time you have companies that don’t do that, don’t get enforced against and therefore have the competitive advantage.”
The Superdrug shop chain, which stocks CBD, said: “We have raised [this issue] with our suppliers and are working with them to ensure that all required approvals are in place.”
While CBD is said to have few serious side-effects for most people, regulators have expressed concern about its effects on pregnant women, people taking other medications and on liver toxicity.
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