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Peter Reynolds

The life and times of Peter Reynolds

Posts Tagged ‘CBD

Sainsbury’s Now Stocking Legal Cannabis Products As UK Policy Looks Increasingly Shambolic.

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In another demonstration of how fast attitudes are changing, Love Hemp water containing soluble CBD cannabis extract is now on sale in a number of Sainsbury’s stores.

This is a remarkable achievement by the team at Love Hemp who are remaining tight lipped about the terms of the deal.  A store manager told me that the product is on test in about 100 stores.

Cannabis prohibition is crumbling and the Home Office seems increasingly our of touch with reality with its futile attempts to enforce a policy which nobody is taking any notice of.  The real effect of the medical reforms should become clear within the next few weeks.  The expert panel process has been revealed as little more than a farce.  We still have an outstanding FOI Request on the issue but interim responses seem to confirm that not a single member of the panel, so-called ‘experts’ has any knowledge, experience or expertise in the use of cannabis as medicine.

We await the definition of a cannabis-based product which will determine which products will be re-scheduled and also a decision on who may prescribe.  Initial overtures from the MHRA to both CLEAR and the CTA to consult on these issues have come to nothing. It seems that little if anything has been achieved over the summer break.

Home Office licensing policy is also looking increasingly ridiculous.  It is refusing any licence application for low THC cultivation where any mention of CBD is made, while every other EU country is striding ahead and British CBD suppliers are having to import all their oil, which they do without any difficulty uner EU free movement rules.

A twist which reveals the absurdity of Home Office policy is that Love Hemp water, which is entirely THC free, is not the first cannabis product that Sainsbury’s has stocked.  For many years it has been stocking Good Hemp hempseed oil.  Recent lab tests have revealed that THC levels in Good Hemp oil exceed the 1mg limit in each bottle, meaning that it cannot be regarded as exempt under the Misuse of Drugs Regulations. In reality then Sainsbury’s is selling a product that is legally classified as a class B drug.

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Written by Peter Reynolds

August 31, 2018 at 10:52 am

Cannabis Trades Association Receives Official Endorsement From the MHRA.

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For nearly two years the Cannabis Trades Association (CTA) has been working with the Medicines and Healthcare products Regulatory Agency (MHRA), the Food Standards Agency (FSA), the Home Office, Trading Standards and other UK authorities to bring order and professional standards to the growing market in legal cannabis and CBD products.

The MHRA has now officially recognised CTA by inclusion in its Guidance Note 8 ‘A guide to what is a medicinal product’.

This is long overdue recognition for the CTA’s work which includes regular liaison with the authorities, providing guidance to businesses operating within the market on the law, regulations, professional and quality standards.  The CTA with the MHRA and FSA is also in the process of developing the Cannabis Products Directive (CPD), a framework for regulation and licensing of all cannabis and cannabinoid products. CPD has been translated and submitted to all 28 member states of the EU by the European Food Safety Agency (EFSA). It is anticipated that CPD will become UK law within the next two years and will relieve the Home Office of the burden of the cannabis regulation and licensing process, placing it in expert hands.

The CTA was initially conceived at a meeting in Manchester Airport in September 2016. In November 2016, with the assistance of Crispin Blunt MP, then a member of the CLEAR Advisory Board, it was invited to an initial meeting with the MHRA to represent the emerging CBD industry.  The market for legal, low-THC cannabis products derived from industrial hemp had grown rapidly within just a few months but was becoming out of control with a multitude of new companies making unlawful medical claims for their products, which themselves were totally unregulated and of inconsistent quality and unknown provenance.

Through negotiation and a growing relationship with the authorities, CTA was instrumental in bringing the market back from the brink of a serious clampdown.  Now, with over 300 full members and more than 1200 registered sellers, CTA encompasses not just CBD suppliers but also licensed growers and producers of cannabis and businesses involved in the long term development of cannabis products.

CTA is closely involved in the rapidly developing reform of the laws around medical use of cannabis and will be working with the authorities to manage development of the products and systems required for what is expected to be a huge new market.

WARNING. CBD Flowers, Buds, Weed, Hash Are NOT Legal In The UK.

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This is an extremely serious warning which people need to take seriously.  Both CLEAR and the Cannabis Trades Association have independently dealt with several people who are being prosecuted for possession. The law treats these products exactly the same as any other cannabis. It makes no difference what the THC level is, it is a class B drug and the penalty for possession is up to five years in jail and an unlimited fine.

The confusion arises because of the misunderstood idea that the legal limit for THC is a maximum of 0.2%.  This is the limit for a low THC cultivation licence for what is defined as industrial hemp – but you still need a licence!  Without the licence the law regards industrial hemp exactly the same as the highest THC cannabis that the tabloids would describe as ‘super strength skunk’.

Products ‘derived from’ industrial hemp such as CBD oil or hemp teas can be ‘exempt products’ but there is yet more confusion here.  The THC limit in these products is not 0.2% because, self-evidently, when you extract oil from a low THC cannabis plant you concentrate the THC.  The limit in these products is 1mg of THC per container.  It doesn’t matter how large or small the container is, the limit is 1mg.  That limit also applies to the other ‘controlled drug’ found in such products, cannabinol (CBN).  ‘Exempt products’ must not contain more than 1mg of THC and/or 1mg of CBN in any single container.  The law that defines this is the Misuse of Drugs Regulations 2001. 2.(1)(c).

There are a number of websites offering these products for sale and, notoriously, one particular shop in Portobello Road.  Whilst these sellers may well misunderstand the law, ignorance is no defence. It is almost inevitable that sooner or later one or more of these sellers will be prosecuted and go to jail.

An email seeking confirmation of the position from the Home Office was replied to as follows:

“Thank you for your email.

I can confirm that the leaves and flowers of the genus Cannabis are controlled and defined as cannabis as outlined in Section 37(1) of the Misuse of Drugs Act 1971

“cannabis” (except in the expression “cannabis resin”) means any plant of the genus cannabis or any part of any such plant (by whatever name designated) except that it does not include cannabis resin or any of the following products after separation from the rest of the plant, namely—
(a)mature stalk of any such plant,
(b)fibre produced from mature stalk of any such plant, and
(c)seed of any such plant;”.

Once the separation of the stalk and seeds from the plant has occurred it will not be defined as cannabis. This also extends to the fibre produced from the stalk.

Regards

Jill Frankham
Senior Compliance Officer
Drugs & Firearms Licensing Unit”

 

 

Written by Peter Reynolds

July 8, 2018 at 4:35 pm

Posted in Consumerism

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The Facts About CBD In The UK. April 2018.

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This article is an update to ‘The Facts About CBD In The UK. December 2016.

The past three years have seen a true phenomenon develop around the cannabis law reform movement which has quickly crossed into mainstream society, commerce and general awareness.  It’s the explosion of the CBD market, a trade that has grown from zero to £50 million per annum in the UK in this very short period.

There has been a great deal of nonsense published about the market, the products and their legality both under drugs laws, food and medicines regulation. The facts that are set out in this article are established from close involvement with the developing market on a daily basis as well as consultation with a number of lawyers of all types and levels of experience as well as direct contact with the Home Office, the Medicines and Healthcare products Regulatory Agency (MHRA), the Food Standards Agency (FSA) and other authorities.

The market has been driven initially because of growing interest in the medical benefits of cannabis and the recognition that, within certain constraints, products derived from low-THC cannabis, legally grown under licence as industrial hemp, are a legal alternative.  An important factor has been that CBD is most often consumed by placing a few drops of oil under the tongue. This has avoided the stigma of smoking a joint and is more in line with the way people perceive a medicine or health food.

The CBD market has also exposed the contradictions, inconsistencies and errors in the Misuse of Drugs legislation and particularly in the confused and inconsistent way in which the Home Office attempts to administer it. For instance, currently there are CBD products produced legally in other EU countries and the USA which can legally be sold in the UK but which the Home Office will not permit UK companies to produce.

Ironically, the most significant development has been that responsible CBD suppliers have moved away from claiming the sort of medical benefits that are, in fact, the reason for the market’s existence.  Although everyone knows this is why people are buying CBD, if you’re in the business of supplying the products you can’t say a thing, not even indirectly, about the medical benefits it offers.

18 months ago, all the leading and responsible suppliers of CBD products in the UK joined together to create their own trade association.  The Cannabis Trades Association UK (CTA UK) now represents 80% by turnover of all the CBD suppliers in the UK. It is governed by its members who have established a set of standards on products, labelling and marketing which all abide by.  These standards are designed to protect and inform consumers and to ensure that all CTA UK members are compliant with the law.

The formation of CTA UK was prompted by the MHRA issuing warnings to some suppliers about making medical claims for their products. To remain within the law, CBD products must be sold as food supplements and the most that can be said about them is that they help to improve and maintain health and wellbeing.  Before any product can be marketed with medicinal claims it must have a marketing authorisation from the MHRA. Food supplements must also comply with certain laws and regulations administered by the FSA.

CTA UK is now engaged in a continuous dialogue with both the MHRA and FSA.  Regular meetings are held to consider new suppliers and products entering the market to ensure they comply with the law, regulations and CTA UK standards.

When supplied by a CTA UK member, consumers can be certain that the product they are buying is 100% legal and is accurately labelled and described.  CBD is not a ’controlled drug’.  It does not appear in any of the classifications or schedules to the Misuse of Drugs Act 1971.

There is widespread misunderstanding about the 0.2% THC limit in industrial hemp.  This is the limit in the growing plant and is not relevant to CBD products.  Clearly what may be under 0.2% in the growing plant would be far higher in an extract which is, by definition, concentrated. The Misuse of Drugs Regulations 2001 make it clear that any product derived from low-THC cannabis grown legally under licence as industrial hemp is “exempt” provided it contains “not more than one milligram” of THC or CBN. This is the limit that matters. See The Misuse of Drugs Regulations 2001 ‘Interpretation’ 2-(1) (a)(b)(c)

Contrary to suggestions that the market is “in chaos”, “half-legal”, “a bit of a mess” and other spurious claims, in fact, it is a model of self-regulation where the industry itself has put aside its competitive instincts to co-operate for the benefit of consumers and in its own long term self-interest.

No suppliers will be admitted to membership of CTAUK unless they cease making medicinal claims, stop selling illegal products (for instance with high levels of THC, described as ‘indica’ or intended for pets or veterinary purposes).  Indeed, any suppliers that continue such conduct are likely to be subject to enforcement action by the MHRA and Trading Standards.

There are further changes or clarifications in the law relating to some CBD products which have emerged in the last few weeks.  These arise out of regulations from the FSA.  Isolates or pure CBD are now no longer permitted as they have been classified as ‘novel foods’.  This could mean a prison sentence of up to two years for anyone selling them.

It’s a myth, although regularly reported in the press, that there has been any change in the law or that CBD has been made legal or classified as a medicine. CBD products can already be prescribed by doctors without any restriction, just as any other food supplement. When the inevitable cannabis law reform takes place it will still be unlawful to make medicinal claims about any CBD or cannabis product without a marketing authorisation from the MHRA.

Within the next few months, the first CBD medicine will receive a marketing authorisation from the MHRA. Epidiolex, a whole plant extract, refined to deliver 98% CBD, is GW Pharmaceuticals’ second cannabis-derived prescription medicine which is intended for severe forms of paediatric epilepsy. It is not derived from industrial hemp but from high CBD strains of cannabis grown specifically for the purpose. It should be noted that this is to be administered in massive doses of up to 20 mg per day per kg of body weight,  CBD as a food supplement for adults has a maximum recommended dose of 200mg per day.

The CBD food supplement market will continue to grow.  Other medicines may be authorised in the near future, most likely under the MHRA’s Traditional Herbal Registration scheme, which will permit them to be described as medicines for minor ailments not requiring the supervision of a doctor.

Clearly, it remains urgent that our government gets to grips with the reality of the need and benefits of cannabis for medical use in the wider sense. However, even as we begin to make progress the CBD market in its present form will continue to fulfil an important need for many years to come.

 

 

 

 

Talking Cannabis With the MHRA

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MHRA Headquarters

In November 2016 I organised a meeting with the Medicines and Healthcare products Regulatory Agency (MHRA) and a number of key players in the CBD market.  It was in response to the MHRA seeking to clamp down on sales of CBD oil and related products.  That meeting led directly to the formation of the Cannabis Trades Association UK (CTAUK) which now represents more than 80% by turnover of all CBD suppliers in the UK.

Since that first meeting my friend and colleague Mike Harlington has taken on the leadership role at CTAUK and I give him great credit for what has been achieved.  We expect formal recognition by the MHRA is only a few weeks away and that is a tremendous coup.  For the first time ever, in the face of total intransigence by government, we have established to a significant degree a legally regulated cannabis market.  Clearly, it doesn’t yet go anywhere near far enough but this is the most concrete move ever towards long overdue cannabis law reform.

The first 18 months of CTAUK have not been easy.  Other than the MHRA, the other branches of government concerned are the Food Standards Agency (FSA) and the Home Office.  The FSA has also become a close working partner but, unsurprisingly, the Home Office remains difficult and our efforts to engage constructively with it have been characterised by responses that are inconsistent, irrational, contradictory and a realisation that it’s losing its grip on cannabis policy.  It is impossible to deal with.  In fact, I almost sympathise with the unfortunate civil servants charged with administering a policy that is itself irrational and contradictory and driven only by outdated prohibitionist values.  Maladministration of the Misuse of Drugs Act is now a persistent reality and several legal challenges to the Home Office’s conduct are imminent.  Soon the High Court will become involved in UK cannabis policy and then, in theory, facts and evidence should prevail rather than propaganda and government disinformation.

Dr Chris Jones

The CTAUK has been engaged in regular meetings with the MHRA and I was invited along for the most recent occasion.  The CTAUK team was Mike Harlington, Tom Whettem of Canabidol and myself.  The MHRA team was Dr Chris Jones, head of the Borderline Medicines section and Raj Gor. We discussed many administrative matters and gave a great deal of time again to discussing medicinal claims and how members could avoid mistakes.  It seems obvious that no claims of medicinal benefit can be made but there are many instances where it’s not clear cut.  A particular case we looked at was the use of ‘night’ and ‘day’ CBD products.  Eventually it was agreed that this description is acceptable but only just. This is an excellent example of how CTAUK works to represent its members’ interests and with goodwill on both sides how positive agreement can be reached.

On a continuing, day-to-day basis CTAUK and MHRA are in constant touch, ironing out problems, asking for and taking advice from each other.  I am impressed with the way the relationship has evolved and jointly we bring great benefit to the industry and consumers.

Reefer Madness 3.0 Is Here And It’s Being Promoted By Cannabis Law Reformers.

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Reefer Madness started in 1930s America with the propaganda film of the same name.

Reefer Madness 2.0 was promoted by the Daily Mail from 2003 onwards after cannabis was classified downwards to a class C drug.  It was strongly supported by the Labour Party through home secretaries Jacqui Smith, Alan Johnson and prime minister Gordon Brown.

Reefer Madness 3.0 is its latest incarnation but this time it’s promoted by reform groups Transform, which has been around as long as CLEAR and Volteface, which is a new group funded by Paul Birch’s personal fortune.  (Birch was also the founder of the now defunct Cannabis Is Safer Than Alcohol (CISTA) political party.)  Despite the overwhelming body of scientific evidence and the facts of healthcare records which show that cannabis is an insignificant health problem, both Transform and Volteface argue that ‘cannabis is dangerous so it must be regulated’.

Click to download

This is nonsense.  Cannabis is not dangerous, in fact for most people it’s beneficial.  It’s prohibition and enforcement of the law against cannabis that are dangerous.  Prohibition has caused far more harm than cannabis ever has or ever could.  Cannabis needs to be regulated because prohibition is dangerous.

I’m very disappointed by the new, much-hyped Volteface report ‘Street Lottery’. It offers nothing new, either in information or in proposed solutions. It takes us no further on from Transform’s work in 2009 or CLEAR’s proposals from 2011.  What it does is ramp up the unjustified scaremongering and panic about high THC and low CBD levels.  It panders slavishly to the exaggerated studies on psychosis from the Institute of Psychiatry and wildly overstates the health harms that, in fact, only occur in a very small number of people.

That’s not to say that we shouldn’t do all we can to protect those very few people for whom cannabis can be a problem and we should certainly educate about harm reduction.  The most important message is that the most dangerous thing about cannabis is mixing it with tobacco.

It’s worth saying that in my opinion, cannabis is a better product when it has higher levels of CBD than usually found in what’s generally available today.  When I say better, I mean more pleasant for recreational use and more effective for medicinal use and it is the ratio of THC:CBD that is more important than the absolute levels.  10:1 THC:CBD is plenty adequate enough to provide the benefits of CBD, any higher that 3:1 and it begins to wipe out the benefits of THC.  It certainly is true that younger people and novice users are best with higher levels of CBD.

Of course I understand that arguing for regulation as a means of reducing harm should encourage politicians towards reform.  I’m all for that but we don’t have to exaggerate the health harms and overlook the massive social harms in order to do that. However, it’s blindingly obvious that decisions on drugs policy are not made rationally, so what’s the point?  Our politicians have failed to act on cannabis law reform, despite the solution to the harms of the criminal market being obvious for more than 30 years. Ministers are completely disinterested in effective drugs policy. The truth about their attitude is best illustrated by the Psychoactive Substances Act. This disastrous legislation is regarded as a success because it has taken the sale of NPS off the high street and driven it underground. This is all that ministers care about. They have been seen to do something and these drugs are no longer so obviously available. They really don’t give a damn that use has increased, harms have multiplied and deaths are becoming increasingly common.

Where the Volteface report actually takes us backwards is its pandering to renewed reefer madness and vast exaggeration of the harms of cannabis.

Correct, cannabis can be harmful to a tiny minority of consumers. All the speculative studies from Robin Murray and his team at the Institute of Psychiatry, all the scaremongering hyperbole in what is presented as ‘scientific’ evidence, all the esoteric, statistical tricks that create alarming headlines – none of these can change the hard facts of how infinitesimal is the number of people whose health is genuinely impaired by cannabis.

It’s ‘young people’ that all the concern is about but in the last five years there has been an average of just 28 cases per year of cannabis-induced psychosis – a tragedy for the individuals but a problem that is irrelevant in public health terms: https://www.theyworkforyou.com/wrans/?id=2015-03-17.227980.h&s=drug

For the entire population the total number of finished admission episodes (FAE) for ‘mental and behavioural problems due to use of cannabinoids’ in 2015 – 16 was 1606.  A very long way from a problem of huge significance and you don’t be have to be an expert to realise that a very large proportion of those are due to ‘Spice’, suynthtrci cannabinoids which can have severe health effects.

For GP and community health treatment, Public Health England’s own data shows that 89% of under-18s in treatment are coerced into it, only in 11% of cases does the patient themselves or their families believe they need it: See table 2.4.1 http://www.nta.nhs.uk/uploads/young-peoples-statistics-from-the-ndtms-1-april-2015-to-31-march-2016.pdf

I welcome any new entrant to the drugs policy reform movement. We need all the help we can get but all Volteface has done since its inception is repeat the work already done by other groups. Now it is pursuing the same flawed and misguided route as Transform. It’s worth repeating – cannabis doesn’t need to be regulated because it is dangerous, it isn’t, cannabis needs to regulated because prohibition is dangerous.

US Surgeon General Joycelyn Elders

Note that this mythical ‘mental health crisis’ only seems to exist in the UK. It doesn’t exist in the rest of Europe, the USA, Israel or other jurisdictions where cannabis is legally avalable. Note also that former US Surgeon General Joycelyn Elders is published in the November edition of the American Journal of Public Health saying “The unjust prohibition of marijuana has done more damage to public health than has marijuana itself.”

The valuable contribution Volteface has made so far to cannabis law reform is the money it has spent on professional media relations. This has elevated the subject up the news agenda and that is a very good thing indeed. Everyone, cannabis consumers and those who don’t have the slightest interest, will benefit from legalisation. The sooner we get on with it the better.  A legal, regulated market will help protect the few dozen children and few hundred adults who are vulnerable to possible health harms.  Much, much more important it will halt the enormous harm that prohibition causes.

 

Irresponsible, Reckless BBC Broadcasts Dangerous Claim That So-Called ‘Skunk’ is More Harmful Than Heroin.

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Louisa Philips Kulukundis. Psychotherapist at Soul Counselling, counsellor at Steps2Recovery, member of the British Association for Counselling and Psychotherapy.

“I would say give me a room full of heroin addicts than skunk addicts…

I remember saying to my older son I would prefer you to take heroin than to smoke skunk…

There will be generations of kids with severe mental health issues.”

Source: ‘Cannabis: Time for a Change?’ From 28:20

There is huge and justifiable righteous anger about the idiotic words spoken by this woman on the BBC Newsbeat documentary ‘Cannabis: Time for a Change?’

It would be easy to launch into a tirade against Ms Kulukundis but her words and their crass stupidity speak for themselves. I wonder how many kids, listening to her recommendation on the BBC’s ‘yoof’ channel will think ‘Well I’ve smoked weed loads of times with no trouble, now this woman who’s an expert says heroin is safer, maybe I’ll see if I can get hold of some.’

I understand that Ms Kulukundis supports the idea that cannabis with a higher proportion of CBD should be legally available instead of so-called ‘skunk’ which with zero or very little CBD dominates today’s illegal market.  She deserves credit for this and I would be very surprised if she wasn’t already regretting the very serious mistake she has made.

Ms Kulukundis does however subscribe to the falsehood that cannabis is a major cause of mental health problems.  The facts of hospital admissions and GP/community health service treatment prove this is not the case.  While we shouldn’t turn away from protecting those very few people who can be vulnerable, it is about time that the media started reporting accurately instead of the gross distortions and misrepresentation seen recently, particularly from the brazenly dishonest and ‘fake news’ Daily Telegraph.

Far, far more serious and the place where responsibility really lies for this broadcast is with the BBC.  Its negligence in allowing these words to be broadcast is unforgivable and CLEAR is pursuing a complaint.  The BBC’s complaints procedure is of course notorious for its determination to brush aside viewers’ concerns with anodyne responses that mean nothing. Many don’t realise that until you get to stage three you’re not even communicating with the BBC but with Capita to whom it outsources its complaints handling.  We will pursue this complaint until it reaches the BBC Editorial Complaints Unit and if necessary we will appeal it to OFCOM which, with the demise of the BBC Trust, is now the independent regulator.

It is a shame that the BBC has spoiled what is a clear shift in its position on cannabis.  Instead of mindless obedience to the government’s bad science and propaganda it is now recognising that reform is the only rational way forward.  As usual its coverage is dominated by stereotypical caricatures of what it regards as cannabis users.  It still seems incapable of recognising that most of the three million regular cannabis consumers in the UK are not relics of the hippy era but hardworking people with families and ‘ordinary’ lifestyles.  It also allowed its debate programme ‘Newsbeat Debates. Legalising Cannabis’ to be dominated by the ‘Gateway Theory’, an idea comprehensively disproven many times over, which even our prohibitionist government recognises is invalid.  What is the point of debate if it is hijacked by misinformation and not informed by science and evidence?

The BBC should take the initiative in apologising, correcting and broadcasting a full explanatuion of why Ms Kulukundis’ claim is scientifically inaccurate and extremely dangerous. Sadly, it will almost certainly have to be dragged kicking and screaming to provide any meaningful response at all.