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Is CBD Legal in the UK? UK CBD Law Explained (Oils, Gummies, Vapes and Flower)

Yes, CBD is legal in the UK, with conditions. Pure CBD is not a controlled drug, and CBD oils, capsules and edibles are legal when they contain no more than 1mg of THC (or any other controlled cannabinoid)…

Is CBD Legal in The UK? Your Guide to CBD Legality in 2022

Last updated: October 2026

Yes, CBD is legal in the UK, with conditions. Pure CBD is not a controlled drug, and CBD oils, capsules and edibles are legal when they contain no more than 1mg of THC (or any other controlled cannabinoid) per container and, as foods, are on the FSA’s public list. CBD flower, buds and “CBD weed” are illegal.

Below you will find a product by product table, then the law in plain English, checked against legislation.gov.uk and the Home Office and FSA pages on gov.uk, and what it means for driving, drug tests, travel and buying safely. This guide is general information, not legal advice.

Is CBD legal in the UK? Product by product

CBD (cannabidiol) is one of more than 100 compounds in the cannabis plant. Unlike THC, it does not make you high (see does CBD get you high?), and the Home Office says pure CBD “is not controlled”. What decides whether a product is legal is what else is in it, which part of the plant it comes from, and, for foods, the FSA’s novel food rules.

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Product Legal? The rule
CBD oil and drops Yes No more than 1mg of THC, or of any other controlled cannabinoid, per bottle; on the FSA public list
CBD capsules Yes Same rules as oils
CBD gummies, edibles and drinks Yes Same rules as oils; keep gummies away from children (oil vs gummies)
CBD balms and creams Yes Cosmetics rules plus the 1mg rule; no medical claims
CBD vapes and e-liquids Yes, if exempt Not foods, so no FSA list, but the 1mg rule applies (can you vape CBD oil?)
CBD flower, buds and “CBD weed” No Hemp flowers and leaves count as cannabis in law, whatever the THC level
Hemp tea Depends Leaf or flower tea is controlled plant material; tea with an added CBD extract follows the oil rules (CBD tea)
THC oil, THC vapes, delta-8 THC No Designed to deliver a Class B drug (delta-8 THC)
CBN and THCV products No Both are controlled cannabinoids, so a product sold for them is not exempt (CBN, THCV)
Prescription CBD (Epidyolex) On prescription Prescribed by specialists only (prescription CBD)
Hemp seed oil Yes Seeds are not controlled; little or no CBD (hemp oil vs CBD oil)

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Where Evopure stands: our CBD oils and capsules are broad spectrum with 0% THC (THC not detected on our batch tests), and every batch is tested by an independent ISO 17025 accredited laboratory. They are on the FSA public list, linked to validated applications RP438, RP821 and RP47. Validated is not the same as authorised: it means they are legal to sell while those applications are assessed. All our products are for adults (18+) only.

UK CBD law and regulation: who sets the rules

Four sets of rules overlap. Most confusion online comes from mixing them up.

Rule Who sets it What it means for you
Drugs law Home Office (Misuse of Drugs Act 1971 and Misuse of Drugs Regulations 2001) Pure CBD is legal. THC and other controlled cannabinoids are Class B drugs unless the product is “exempt”. Cannabis flowers and leaves are controlled.
Food law Food Standards Agency (FSA); Food Standards Scotland in Scotland CBD foods and supplements are “novel foods” and must be on the FSA public list while they await authorisation.
Medicines law MHRA CBD sold as a food or cosmetic cannot claim to treat or cure any condition.
Cosmetics law Office for Product Safety and Standards Balms and creams follow cosmetics rules.

The Home Office 1mg rule: what makes a CBD product legal

The Home Office’s drug licensing factsheet says it is “nearly impossible” to extract CBD without traces of controlled cannabinoids such as THC. So most CBD products contain something controlled, and they are legal only because they meet the exempt product definition in Regulation 2 of the Misuse of Drugs Regulations 2001. All three conditions must be met:

  1. Not designed to deliver the controlled drug. Any THC must be an unwanted trace, not the point of the product.
  2. Not easily recoverable. The controlled drug cannot be recovered “by readily applicable means or in a yield which constitutes a risk to health”.
  3. No more than 1mg per container. No one component part may contain more than one milligram of the controlled drug. The Home Office says the unit is the container, such as a bottle of oil, “and not (for example) the supposed typical dose”.

The 1mg limit applies to each controlled cannabinoid separately. The Home Office expects producers to show compliant levels of delta-9 THC, delta-8 THC and CBN, names THCV as another controlled cannabinoid, and says testing must be done by a laboratory accredited to ISO/IEC 17025.

The Home Office does not approve or certify CBD products: each business must make sure its products comply. A product that fails any one condition is a Class B controlled drug, whatever the label says. That is why the lab report matters more than the marketing.

How Evopure checks this: you can request the lab report for any batch on our lab testing page, and our guide to reading CBD lab reports shows what to look for.

Is there a 0.2% THC limit in the UK?

No, not for products. The 0.2% figure is a plant variety figure: the Home Office’s industrial hemp factsheet says licensed farmers may only grow approved hemp seed types with a THC content of no more than 0.2%, and that the figure “is used solely to identify varieties which may potentially be cultivated”. For a finished bottle of CBD oil, the test that counts is the 1mg per container rule.

Separately, for food safety, the FSA has set a safe upper limit for delta-9 THC of 70 micrograms (0.07mg) a day. In practice, reputable brands sell broad spectrum or isolate products that show no detectable THC on independent lab tests. Read more: CBD vs THC, hemp vs marijuana and full spectrum vs broad spectrum vs isolate.

Is CBD flower or “CBD weed” legal in the UK?

No. “CBD weed” is hemp flower sold for smoking. Under the Misuse of Drugs Act 1971, “cannabis” means any plant of the genus Cannabis or any part of it, except the mature stalk, fibre from the stalk and the seeds. So hemp flowers, buds and leaves are controlled cannabis, even when they are low in THC. Buying, selling or possessing them can be an offence, and that includes smoking them. CBD oils are legal because they are made from extracted CBD, not sold as the plant itself.

You may read that a 2023 Court of Appeal case, R v Margiotta, made CBD flower legal. It did not. The case involved flower imported from Italy before Brexit and turned on EU free movement rules that applied at the time. Lawyers at Kingsley Napley noted that it “does not legalise the trade of low-THC hemp in the UK”.

You also cannot legally grow hemp at home to make CBD. Growing hemp needs a Home Office licence, and the hemp factsheet says the policy “does not allow for use of ‘green’ material”, meaning the leaves and flowers. Applications to make CBD oils from those parts will not be considered.

FSA novel food rules, the public list and 10mg a day

The novel food status of CBD was confirmed in January 2019. Since then, CBD sold as food or a supplement (oils, capsules, gummies and drinks) has counted as a “novel food”, which needs authorisation. While applications are assessed, the FSA keeps a public list of products that can stay on sale. To be on it, a product had to meet three tests:

  • it was on the market when the FSA made its announcement on 13 February 2020
  • the FSA received an authorisation application for it by 31 March 2021
  • the application was validated, or the FSA agreed it was sufficiently progressing towards validation

The list is not an endorsement. The FSA says no CBD extracts or isolates have yet been authorised as novel foods, that “a validated application is not sufficient to put new products on the market”, and that products not on the list should be removed from sale. You can search it on the FSA’s CBD products register.

The September 2026 recommendations

On 16 September 2026 the FSA asked its board to agree that its first CBD authorisation recommendations go to ministers in England and Wales, who make the final decision. The minutes haven’t been published yet. No decision had been announced when we checked in October 2026. The three applications are:

Application Type of CBD Purity Maximum amount
RP 7 Synthetic CBD 98% or more 10mg a day
RP 350 CBD isolate 98% or more 10mg a day
RP 427 CBD isolate 98% or more 10mg a day

Products would carry the 10mg a day figure and warnings for under-18s, people who are pregnant, breastfeeding or trying to conceive, and people who take medication or are immunosuppressed, with strict limits on THC and other controlled cannabinoids. About 3,000 public list products are linked to these applications. The FSA tells local authorities to focus enforcement on products not on the public list. One caveat: the FSA’s paper notes that under a proposed UK-EU food agreement, EU authorisation could be needed to sell CBD foods in Great Britain, and GB authorisations would cease to apply. Talks are ongoing.

Evopure’s products are not among the first three applications, which is the same position as most of the UK market. Read the FSA’s first CBD approvals explained for what it means, including the EU’s much lower 2mg view.

The 10mg figure comes from the FSA’s precautionary advice for healthy adults, issued in October 2023, which it describes as about 4 to 5 drops of a 5% CBD oil. With our 500mg (5%) Broad Spectrum CBD Oil, 10mg is about 4 drops. See the CBD daily limit in the UK and our CBD dosage guide.

The FSA’s 10mg a day figure is precautionary advice rather than a legal limit, set while longer-term safety research continues. At Evopure we think it is a very cautious figure, and many adults use more. If you go above it, increase slowly, and check with your GP or pharmacist first if you take any medication.

Is CBD legal in Scotland, Wales and Northern Ireland?

Yes. Drugs law is the same across the UK, so pure CBD is legal and CBD flower is not. The food rules are run differently:

Nation Who runs CBD food rules Where things stand
England and Wales FSA, with ministers in England and Wales deciding The public list applies. First authorisations recommended in September 2026.
Scotland Food Standards Scotland (FSS), with Scottish Ministers deciding FSS says no CBD products are authorised in Scotland yet, but recognises consumers can still buy them. It also advises no more than 10mg a day.
Northern Ireland EU novel food rules, under the Windsor Framework No CBD food has EU authorisation yet. The FSA’s consumer advice, including 10mg a day, applies.

Prescription CBD and medical claims

CBD sold in shops is a food supplement or cosmetic, not a medicine, so it cannot legally claim to treat or cure any condition, and there are no authorised health claims for CBD.

Since November 2018, specialist doctors in the UK have been able to prescribe cannabis-based medicines. The best known CBD medicine is Epidyolex, a highly purified CBD liquid, which the NHS says can be prescribed by a specialist for Lennox-Gastaut syndrome and Dravet syndrome, two rare forms of epilepsy. Read prescription CBD vs over-the-counter CBD.

Is CBD legal for anxiety or pain?

Buying and using CBD is legal whatever your reason, but CBD isn’t a treatment for anxiety, pain or any other condition, and UK law does not allow CBD food products to be sold as one. If you are dealing with a health problem, speak to your GP first, especially if you take any medication, as CBD can interact with some medicines.

Driving, drug tests, travel and family

  • Driving: CBD is not illegal to drive on. But it is illegal to drive if you are unfit to because of drugs, or with certain levels of illegal drugs in your blood. In England and Wales the limit for THC is 2 micrograms per litre of blood, and police can use a roadside kit that screens for cannabis. Choose THC-free products. See CBD and driving in the UK.
  • Workplace drug tests: tests look for cannabis, meaning THC, rather than CBD. Products with trace THC carry a small risk of a positive result, so broad spectrum or isolate products with lab reports showing no detectable THC are the safer choice. Check your employer’s policy too. See does CBD show up on a drug test?
  • Flying and travel: CBD laws vary a lot between countries, so check your destination and airline before you pack it. See flying with CBD oil and our country-by-country guide.
  • Children: CBD is not illegal for under-18s, but the FSA advises children not to take CBD unless under medical direction. Evopure’s products are for adults (18+) only. See CBD for kids.
  • Pregnancy: the FSA does not recommend CBD for people who are pregnant, breastfeeding or trying to conceive. We don’t recommend our products during pregnancy or breastfeeding.
  • Pets: CBD products for animals are treated as veterinary medicines in the UK, so speak to your vet. See CBD oil for dogs.

How to buy CBD legally in the UK

CBD is sold legally in shops, pharmacies, cafés and online, with no prescription needed. But being on a shelf does not prove a product is legal: some are not on the FSA public list, and some sold as “CBD” contain more THC than the law allows. Run through these five checks wherever you buy:

  1. Check the FSA public list. Search the brand on the FSA register, or ask which application its products are linked to (Evopure’s are RP438, RP821 and RP47).
  2. Read the batch lab report. It should show the CBD content and THC, delta-8 THC and CBN at no more than trace levels, ideally not detected, from an ISO 17025 accredited lab. See how to read CBD lab reports.
  3. Avoid medical claims. A brand promising to treat or cure a condition is breaking the rules.
  4. Avoid flower, buds and THC products, which are not legal in the UK.
  5. Check the label for the CBD per serving and safety warnings. See our CBD dosage guide.

Our guide to the best CBD oil in the UK compares brands on the public list, lab testing and strength. If you prefer capsules, see the best CBD capsules in the UK.

Related guides

Sources 12

  1. Misuse of Drugs Act 1971, section 37 (definition of cannabis) and Schedule 2. legislation.gov.uk.
  2. Misuse of Drugs Regulations 2001, regulation 2 (exempt product). legislation.gov.uk.
  3. Home Office. Drug licensing factsheet: cannabis, CBD and other cannabinoids (updated October 2024).
  4. Home Office. Industrial hemp licensing factsheet (updated December 2025).
  5. Food Standards Agency. Cannabidiol (CBD) guidance.
  6. Food Standards Agency. Cannabidiol (CBD): consumer advice.
  7. Food Standards Agency. CBD products linked to novel food applications (the public list).
  8. Food Standards Agency. CBD novel food applications: recommendations to ministers on first authorisations (September 2026 board, updated October 2026).
  9. Food Standards Scotland. Cannabidiol (CBD) products.
  10. NHS. Medical cannabis (and cannabis oils).
  11. GOV.UK. Drugs and driving: the law, and the Drug Driving (Specified Limits) (England and Wales) Regulations 2014.
  12. Kingsley Napley. Court of Appeal ruling raises hope for clarification on CBD legal status (R v Margiotta [2023] EWCA Crim 759), September 2023.

This guide is general information, not legal advice. Laws change, so check the gov.uk sources above for the latest position.

Written by

Co-founder, Evopure

Martin co-founded Evopure and writes about sleep, stress and recovery. Our articles are general information, not medical advice.

Questions, answered

Yes. CBD oil is legal to buy and sell in the UK as long as it meets the Home Office exempt product rules, including no more than 1mg of THC or any other controlled cannabinoid per bottle, and, as a food supplement, is linked to an application on the FSA's public list.

No. Hemp flowers, buds and leaves count as controlled cannabis under the Misuse of Drugs Act 1971, whatever their THC level, so buying, selling, possessing or smoking them can be an offence. The 2023 R v Margiotta case did not change this.

There is no 0.2% limit for products; that figure relates to hemp plant varieties. Under drugs law a product can contain no more than 1mg of THC, or of any other controlled cannabinoid, per container. The FSA's food safety upper limit is 70 micrograms (0.07mg) of THC a day.

No. Pure CBD is not controlled under the Misuse of Drugs Act 1971. THC, CBN, THCV and other controlled cannabinoids are Class B drugs, and cannabis flowers and leaves are controlled.

You cannot legally smoke CBD flower or buds, which are controlled. Purpose-made CBD vape liquids that meet the exempt product rules, with no more than 1mg of any controlled cannabinoid per container, are legal.

CBD is not illegal to drive on, but driving with THC above the legal limit, or while unfit, is an offence. Choose THC-free products and never drive if you feel drowsy.

Workplace tests look for THC, not CBD. Products with trace THC carry a small risk, so choose broad spectrum or isolate products with lab reports showing no detectable THC, and check your employer's policy.

Yes. Evopure's CBD oils and capsules are broad spectrum with 0% THC and are on the FSA public list, linked to validated applications RP438, RP821 and RP47. Validated is not the same as authorised: they are legal to sell while their applications are assessed.

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