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CBD products

Freedom of information request reference no: 01.FOI.23.028462

I note you seek access to the following information:

Please confirm the following:

a) Whether it is legal to consume CBD products (in smokable vape and oil form) with less than 0.2% THC in the UK?
b) That it is legal to drive after consumption of the above mentioned products
c) Whether such products would result in a positive roadside or blood drug test performed on a driver if consumption of another illegal substance (i.e. high THC cannabis products) was suspected

Decision

I have today decided to disclose the located information to you in full.

Please find below information pursuant to your request above.

Please confirm whether it is legal to consume CBD products (in smokable vape and oil form) with less than 0.2% THC in the UK?

CBD is legal if it contains less than 1mg of THC, THCV and CBN in the final preparation as per part C of regulation 2 of the Misuse of Drugs Regulations 2010:
“[N]o one component part of the product or preparation contains more than one milligram of the controlled drug”

0.2% is not a classification of a legal product but a guideline relating to which hemp varieties can be used by licensed commercial growers.

The Home Office factsheet clearly states:
“The '0.2%' reference is used solely to identify varieties which may potentially be cultivated. (2019)”

Please confirm that it is legal to drive after consumption of the above mentioned products

You can drive legally after vaping or consuming CBD as long as you are fit to do so.

If the CBD you take contains too much THC (i.e. more than 1mg per container (vape cartridge or e-liquid bottle)), this could cause you to fail a drug driving test.

There are no laws in the UK that prohibit taking CBD and driving.

Please confirm whether such products would result in a positive roadside or blood drug test performed on a driver if consumption of another illegal substance (i.e. high THC cannabis products) was suspected

To fail a cannabis drug screening, you'd need to have over two micrograms of THC per millilitre of blood.

While driving and taking CBD is legal in the UK, you should always ensure you're obtaining it from a reliable supplier in order to ensure the THC levels are in line with legal guidelines.