Peter Reynolds

The life and times of Peter Reynolds

Posts Tagged ‘novel food

An Update On CBD, the Novel Food Scam and the Fatcats Who Plan to Take Over the Market.

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The CBD Market Has Been Built By Small British Businesses.

It is About To Be Stolen By Government-Backed Big Business.

Over about the last five years, small British businesses have built the CBD market from zero to hundreds of millions in annual sales. It’s been driven by rapidly changing attitudes towards cannabis and a realisation that many of its medicinal benefits could be available legally by using traditional hemp extracts.

Big business, the established supplement and health food companies weren’t interested. They saw the stigma around cannabis before they saw the changing attitudes.

Now it’s all very different. Millions of people are using CBD. All the big multiples are stocking it. It’s become a media fascination and many people say they gain great benefit from it. Suddenly, big business and all the regulators are interested. Suddenly those who weren’t bothered previously are cautioning about all sorts of dangers and concerns. They don’t actually have any evidence of CBD products causing any harm but clearly they don’t think these small, independent businesses can be trusted anymore. Of course, the truth is they want a slice of the action – or preferably all of the action if they can get their chums in government and the bureaucracy to step in and assist with their plans.

In fact the British CBD industry has been a model of responsible self-regulation. Two trade associations, the CTA and CannaPro, represent virtually all the leading UK suppliers and maintain high levels of quality control and trading standards, including regular reporting of non-compliant businesses to the MHRA.

But in June this year, the Centre for Medicinal Cannabis (CMC) published a sensational report alleging that most of the CBD on the market was very poor quality, contained illegal levels of THC and some contained no CBD at all.

Its report was presented as some sort of independent, academic study that should be regarded as science. It wasn’t. It was a cheap marketing stunt. Sure enough, just a few  weeks later it announced that all its members’ products were good quality and there was no problem with them.

Now the CMC has thrown itself in with the EU and is backing the classification of CBD products as ‘novel foods’, meaning that any business selling CBD would have to apply for an authorisation at a cost of at least £250,000 in a process taking perhaps two years to complete.  The CMC has also aligned itself with an interpretation of the law on THC levels in CBD products which is completely at odds with the established industry.  It has sided with the Home Office that there cannot be any THC at all, whereas the industry relies on a  definition of ‘exempt products’ in the Misuse of Drugs Regulations 2001 which permits up to 1mg of THC in each container.

As Brexit approaches, the Food Standards Agency (FSA) is expected to issue guidance on enforcement of the novel foods classification.  If it acts before Brexit then the position will be carried over in the Withdrawal Agreement.  And now the CMC has launched yet another trade body, the Association for the Cannabinoid Industry, (ACI) which it is implying will enable CBD suppliers to enjoy a ‘grace period’ from FSA enforcement.

It would be unlawful for the FSA to make any arrangements or offer any ‘grace period’ to CMC or ACI members that is not available to any other business. Mike Harlington of the CTA tried this on before, claiming he had made special arrangements with the FSA for CTA members only. None of this is true. These claims are confidence tricks but the CMC/ACI is pushing it with the requirement to sign up to membership at a cost said to be between £10,000 and £50,000 per year, completely prohibitive for the small businesses that have worked so hard to develop this industry.

The Centre For Medicinal Cannabis Is A Wolf In Sheep’s Clothing,

The ‘Big Pharma’ Of British Medicinal Cannabis And CBD.

The CMC appeared sometime in 2018 announcing itself as the UK’s first and only industry membership body for businesses and investors operating in cannabis based medicinal products (CBMPs) and cannabidiol (CBD) wellness markets.  This, of course, is nonsense. It’s about the fifth or sixth to set itself up as a trade body in this market and it’s certainly not the only.  Between them, the CTA and CannaPro represent hundreds of businesses with millions of satisfied customers.  The CMC has only a handful of members.

What the CMC/ACI does have is a great deal of money from its backer, the multimillionaire Paul Birch and a great deal of influence from ex-David Cameron ‘fixer’, Steve Moore, who knows all the right people in all the establishment elites and knows how to pull their strings.  In just a few short months it has pumped a fortune into PR and media relations and made itself the go to source for anything on medicinal cannabis and CBD.  It has also bought and paid for a large number of highly qualified people with impressive credentials who inevitably carry great weight with the authorities. Its ambitions are clear.  It intends to destroy the small businesses that built this market and seize it all for itself and it looks as though it may well succeed.

CannaPro spoke with the FSA earlier this week.  For the moment, the FSA cannot act as we are in election ‘purdah’, the civil service can’t really do anything except keep the status quo but that will all change after the election.  Then, depending on the new government, it may move rapidly to commence enforcement. What this will mean is impossible to predict but almost certainly the multiples will take stock off the shelves unless some interim arrangements are agreed.  Those with retail premises will be in the most immediate danger, online sellers will be in a better position but if Trading Standards officers try to seize stock, they have extraordinary powers and trying to obstruct them may result in arrest.

Of course, the novel foods classification is fake and a lot of evidence has been presented to prove this but it is simply being dismissed. It’s rather like the way the medical establishment dismisses the evidence on medicinal cannabis.  If these institutions don’t like evidence they simply ignore it.  For obvious reasons, it suits the CMC to get behind the novel food scam but the result for consumers will be a lot less choice and probably substantial price rises. It’s also very bad news for CBD businesses.  A lot of people are likely to lose their jobs.

 

Written by Peter Reynolds

October 31, 2019 at 9:35 pm

The CBD Market Can Help Drive Cannabis Law Reform But Selling So-Called ‘CBD Flowers’ Could Take Us Backwards

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Jim Weathers of Puff ‘n Stuff CBD shop, Cork, Ireland

Compliant businesses operating responsibly within the legal cannabis sector will help to drive reform. Blurring the lines between legal and illegal products will delay progress.

It seems that the crackdown on the open sale of cannabis flowers online and in high street stores is here.  Both in the UK and Ireland, several shops have been raided in recent weeks and some people are facing potential charges of supplying a class B drug and a possible jail sentence.

These flowers, sold under meaningless pseudonyms such as ‘CBD buds’ or ‘hemp flowers’ are cannabis and cannabis is a controlled drug in both the UK and Ireland.  As CLEAR has been warning for many months, there is no way that these can ever be ‘exempt products’ in the same way as CBD oil.  Their THC content makes no difference. The penalty is the same for any type of cannabis whether it contains zero THC or 25% THC.

It’s unclear whether CBD oil is legal at all in Ireland.  A more accurate description for these products is low-THC cannabis extracts and whereas the UK makes specific provision for exempt products in the Misuse of Drugs Regulations 2001, there does not seem to be any such provision in Irish law.

In other EU countries an even wider crackdown on CBD products is underway, fuelled also by the extraordinary and clearly unsustainable attempt to deem all cannabis extracts as ‘novel foods’.

Now it shouldn’t need to be said but CLEAR stands for an end to the prohibition of cannabis and all our work is directed towards that end.  Some people seem very confused that our efforts to clarify the law mean that we are on the side of prohibition but this is not the case.  Through our trade association, Cannabis Professionals (CannaPro) we refuse to certify businesses that sell cannabis flowers.  They are cheating their customers by misleading them that these products are legal.  They are also cheating all those other businesses operating within the legal cannabis sector who are working hard to remain compliant.  They are undermining the very good work that the CBD industry is doing to drive wider cannabis law reform.

Of course, many of us are buying cannabis illegally already.  Without our local dealers where would we all be under the oppressive and ridiculous regime under which we live? But our aim and the aim of all responsible cannabis campaigns is to ‘get the dealers off the street’ and move the trade into licensed, regulated outlets.  The emergence of the CBD market and high street retailers selling CBD oil has shown how this could work and there is no doubt at all that it has been a very significant factor in increasing public acceptance of cannabis and the recent reforms for medical access.

The people selling cannabis flowers and claiming they are legal are not heroes, campaigners or warriors in the war on prohibition. They are confidence tricksters, seizing the opportunity to make a quick buck by cheating and endangering their customers. No one is going to go to jail for buying cannabis but if you’ve bought low THC flowers and get charged with possession that could ruin you future prospects of travel, a career, even of keeping your driving licence.  If you’re going to take that risk you need to do so with your eyes open, with the honest trade of an illegal dealer rather than the dishonest trade of a shop or a website that is telling you lies.

Also, be very careful what you are buying.  The ‘CBD flowers’ currently being advertised are most certainly not what they claim to be.  The strain names are being misused.  White Widow, Lemon Haze or Pineapple Express do not come with 20% CBD and only traces of THC.  These products have been doctored.  There simply aren’t any cannabis strains that contain these constituents in these proportions.  What is probably happening is that they are being sprayed with CBD isolate and possibly terpene extracts to come with what are artificial cannabis buds.  Buy these and you are being cheated on many levels and you really don’t know what you are actually inhaling.

We are making steady and accelerating progress towards a rational cannabis policy but this latest development is unwelcome and unhelpful.  Trust your usual dealer.  If you’re buying cannabis flower, it comes with THC.  If you want added CBD take a little oil or vape some CBD crumble.  This will give you a far better result than these fake flowers. It will enhance the therapeutic properties of your cannabis if you’re consuming for medical reasons.  It will give you a far better buzz if you’re consuming for pleasure.

Nothing good will come from these fake flowers. Compliant businesses operating responsibly within the legal cannabis sector will help to drive reform. Blurring the lines between legal and illegal products will delay progress.

 

 

Written by Peter Reynolds

May 21, 2019 at 2:40 pm

The EU’s Attempt To Deem Cannabis Extracts As Novel Foods Will Fail.

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Status of Hemp Extracts in Europe – European Industrial Hemp Association

The European Industrial Hemp Association (EIHA) has published an excellent eight page document which refutes the recent move by EU food safety agencies to deem cannabis extracts as ‘novel foods’.

Download the document here.

The document explains the entire situation and demonstrates very clearly that this move by the EU is misguided. It shows how these products have been consumed in Europe fro many years, if not centuries, probably millennia and that the EU has previously confirmed in writing that they are not novel.

Aside from these fundamental issues, there are a number of reasons why the process the EU and the UK Food Standards Agency (FSA) have followed is flawed and unlawful.

What seems absolutely clear is that this initiative, which is intended to close down the burgeoning CBD market, is based on the intervention of vested interests which are concerned to see a multimillion pound/euro industry emerge in the space of a few years, almost exclusively amongst small and medium-sized businesses.  This is an opportunity which multinational conglomerates have missed and there is no doubt that its success is affecting many existing markets, notably over-the-counter pain medicines.

The EU and government agencies such as the FSA have always been the friends of big business and the intention here has been to force small business into huge costs associated with novel food authorisation which would effectively close their businesses down.

There are many overblown conspiracy theories, particularly around cannabis for medical use and the pharmaceutical industry but this attack on the CBD market, for no valid reason, is difficult to explain in any other way. It seems certain that improper pressure has been brought to bear on these regulators and they are trying to use their powers, improperly and unlawfully, to protect the interests of big business.

They are too late.  The CBD business has grown very quickly and is now too far advanced to be closed down and there is no justifiable reason to do so.  This attempt to impose novel foods status will fail.

 

Written by Peter Reynolds

May 13, 2019 at 10:20 am

CannaPro Seizes the Initiative in the CBD and Novel Foods Debacle

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Cannabis Professionals (CannaPro), the trade association for the UK’s cannabis, CBD and hemp businesses, has instructed solicitors to take decisive action in the ongoing row between the Food Standards Agency (FSA) and the UK’s fastest-growing food supplement market for cannabidiol (CBD) products.

TLT Solicitors, acting on behalf of CannaPro, has sent a formal letter to the FSA warning it of the consequences of taking any enforcement action against CannaPro Certified Businesses.  An industry-wide claim for such compensation could amount to many hundreds of millions of pounds/euros.  A copy of the letter can be seen here. This offers some degree of protection to all businesses that are CannaPro Certified.

Acting in conjunction with its opposite numbers in several EU states, the FSA has sought to classify CBD products and all cannabis extracts as ‘novel’ by listing them in the EU Novel Food catalogue. This threatens to destroy a market that is now worth up to £100 million pa, employs hundreds of people and is meeting the healthcare and wellness needs of hundreds of thousands of UK citizens.

A ‘novel food’ is defined as a food or food ingredient that was not in widespread consumption in the EU area before 1997.  In reality, cannabis, in varieties known as hemp, has been consumed as food for at least 10,000 years and is listed in the Guinness Book of Records as the world’s oldest cultivated crop. The FSA’s action is irrational, defies history and reverses previous statements by the FSA that cannabis and hemp are not ‘novel’.

Peter Reynolds, president of CannaPro, said:

“The FSA has made a series of errors in the way it has handled this.  The whole process has been misguided and unlawful, not to say that the whole idea CBD products can be regarded as novel is nonsense. It has undertaken no proper consultation and although there have been vague discussions around the issue for a couple of years, the FSA has changed its position time and time again.  What’s really going on here is that big business and powerful vested interests have been caught on the hop while enterprising small businesses have established a market which is now worth an awful lot of money. Improper pressure has been brought on the regulator to find a way of clamping down.  It would suit these vested interests to see the market so strictly regulated that small businesses are unable to compete.  CannaPro is not going to stand by and let that happen.”

Written by Peter Reynolds

March 26, 2019 at 6:00 pm

Cannabis and CBD. UK and EU Bureaucrats -v- The People and Parliament.

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For decades, public opinion and knowledge on cannabis has been way ahead of those in Parliament and civil servants in the Home Office and the Department of Health.

In other countries, governments have been more ready to update themselves on scientific knowledge and they are more speedily held to account through more effective democracies. At last, the UK Parliament has acted on access to cannabis for medical use as it should have 20 years ago.  Both Canada and the Netherlands introduced legal access in 2001 and California even five years before that.

But the will of Parliament is being stifled and subverted by bureaucracts in the NHS and the Department of Health.  As MPs are never shy to remind us, under our constitution, Parliament is supreme.  That makes the conduct of these civil servants unlawful.  They are being obstructive about the prescribing of cannabis.  They need to be compliant with the law or they become guilty of maladminstration.  We should have no more patience with this wilful misconduct.  Their responsibility is to facilitate implementation of the law, not find ways to delay it because of their personal opinions.

The same goes for the Home Office which has done absolutely nothing to revise its cannabis licensing policy in accordance with the new regulations.  Well-qualified, experienced, international corporations, willing to make multimillion pound investments in Britain to produce the cannabis-based products (CBPMs) which we need are being refused licences for no good reason. If the products are not available, how will they ever reach the patients who Parliament has decreed are entitled to access them?

For 50 years, the Home Office has run a systematic campaign of disinformation because it is institutionally opposed to cannabis. Until Sajid Javid, civil servants have thwarted the efforts of all minsters that have tried to introduce any drugs policy reform.  Now he has to stand up against the subversive forces within his own department or someone has to fund judical review of the Home Office’s maladminstration of cannabis licensing. Just as in the Windrush Scandal, the Home Office maintains a ‘hostile environment’ based on senior civil servants’ personal prejudices rather than the best interests of Britain and now, the law.

CBD. Big Pharma Protectionism, Bureaucrat Box-Ticking or Both?

Many people are not yet aware of the meddling that is going on with CBD products.  There is a real threat that they could be removed from sale within the next few months.  This depsite their soaring popularity with the public and that hundreds, if not thousands of people are now employed in our burgeoning CBD industry.

CBD products are, in fact, whole plant extracts from low-THC cannabis which meet the criteria under drugs law to be exempt.  They have become very popular because people were seeking a legal way of accessing the medicinal benefits of cannabis which have become widely understood, mainly as the internet has provided knowledge previously suppressed by government and media scaremongering.

Two years ago, the meddling began as civil servants from the MHRA, the medicines regulator, stepped in with heavy-handed threats to close the market down because of unlawful medicinal claims.  To be fair, there was good justification for this.  Medicines regulation is an essential function of government, otherwise we will have snake oil confidence tricksters selling coloured water as a cancer cure.  So CLEAR acted and organised a response to the MHRA from the leading CBD companies.  Now, the responsible and ethical companies have regulated themselves, stopped making medicinal claims and market their products as food supplements, just like vitamins and minerals than can help to maintain health and boost wellness.

So CBD companies have successfully negotiated their way through both drugs and medicines law but now the food police have stepped in with yet more problems.  This time the civil servants objections are entirely unnecessary and unjustifiable but they are the most serious threat that CBD companies and consumers have faced.

The Food Standards Agency (FSA) from the UK and its opposite numbers in other EU countries have placed cannabis extracts in the EU Novel Foods Catalogue, which is for products that have not been consumed to a significant degree in the EU before 1997. This means that without going through a lengthy and very expensive authorisation process, all CBD products could become unlawful to sell.

Why?  When I met with the FSA and its novel foods team just over a week ago, it acknowledged that the purpose of the novel foods regulations was to ensure that food products and supplements are safe.  It also confirmed that it had no evidence that cannabis extracts or CBD products are unsafe. So, on the face of it, this seems to be simply a matter of bureaucrats who want their boxes ticked, for no other reason than that is what bureaucrats do.

But the widely-held opinion from those in the know, is that what is really behind this are the vested interests of painkiller companies who are seeing a big impact on sales of their products. Even the World Health Organization has recently given CBD an unequivocal endorsement as safe and effective, whereas the toxicity of paracetamol, ibuprofen, other NSAIDs and opioids is now well understood.

You see, however CBD products are sold, it is an indisputable fact that they are purchased for their medicinal benefit – and that they work.  This is a big threat to pharmaceutical company profits and so they are wielding their big stick.  They tried through the MHRA to close down CBD and now they are trying through the FSA.

Exactly the same thing is happening in the USA.  The recent passage of the Farm Bill has removed CBD from the Controlled Substances Act but now the FDA (which combines the functions of our MHRA and FSA) has stepped in and said it is illegal to sell as a food supplement because it is the active ingredient in a licensed medicine.

We Will Overcome

So a battle royal is starting.  What the outcome will be is uncertain.  It is complex and multi-threaded.  Different strategies are being developed and varying ideas are being put forward as to how to deal with this threat.  Many people now rely on CBD for their health and the imminent threat of it not being available is a danger to individuals and so to our entire society.

Whatever happens, I am certain that commonsense and the people will prevail.  For a century, the use of cannabis as medicine has continued despite every effort from governments and vested interests to stamp it out.  The same will happen with CBD.  Even it it disappears from the high street, it will continue to be available online and if it can’t be sold as a food supplement, it will move into a new category.

Once again, it will take politicians far too long to wake up and out-of-control civil servants will try to pursue their own agenda which, I am quite sure, is under the corrupt and improper influence of big business.  It will be challenging and very difficult but the people have dealt with these dark forces before and we will continue to do so.

Written by Peter Reynolds

February 10, 2019 at 2:19 pm

Another Attack by Bureaucrats on CBD and its Consumers

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Today’s article in the Daily Mail on CBD follows that publication’s usual pattern – there is a kernel of truth but on top of that is piled inaccuracy upon misleading comment upon nonsense.

So let’s deal with the truth and send the nonsense back to the Daily Mail where it belongs.

Within the last few days it has emerged that the UK Food Standards Agency (FSA), has been working surreptitiously with its opposite numbers in four other EU countries to add all products derived from cannabis except hempseeds to the EU Novel Food Catalogue. This step has been taken without any communication or consultation with the CBD industry or the millions of consumers benefiting from the products. It is important to understand that inclusion in this catalogue does not create law.  Suppliers of CBD are entitled to continue marketing their products if they consider they are not ‘novel’.

What does ‘novel’ mean?  The EU novel foods legislation states that any food or ingredient used in foods that was not in widespread use prior to 1997 will be subject to an authorisation process that must demonstrate either evidence of widespread use prior to 1997 and/or that it is safe.

To be clear, the Daily Mail’s claim that this means “experts probe whether it has any real health benefits” is nonsense. It has nothing to do with that at all.

Love Hemp, CBD market leaders

Anyone who has any knowledge at all about cannabis will understand how ludicrous it is to suggest that it is ‘novel’ in any form.  It is even described as the oldest cultivated plant in the Guinness Book of Records. It is widely recognised to have been cultivated for at least 12,000 years.

So this move by the FSA and its equivalents in France, Germany, Italy and the Netherlands is, demonstrably, bureaucracy for bureaucracy’s sake. Cannabis is the oldest crop cultivated and used by mankind. Asking for evidence of its widespread use before 1997 is no different and as absurd as asking for the same evidence for wheat or barley.

The CBD industry and consumers faced a similar atack from the Medicines and Healthcare products Regulatory Agency (MHRA) in 2016.  Then, as now, it was CLEAR that stepped in and organised the response.  The MHRA quickly backed off, accepted that it had no power to carry out a wholesale shutdown of the industry and the leading CBD companies began a process of self-regulation which has led to the development of a very successful marketplace.  Millions of consumers now gain great benefit from CBD products which help to maintain health and improve wellbeing.

Whichever side of the Brexit debate you are on, it is precisely this sort of overbearing, oppressive bureaucracy at an EU level that led many people to vote leave. There can be no sensible suggestion that CBD is harmful.  In 2017, the World Health Organisation (WHO) published an unequivocal conclusion that CBD “does not cause harm”. It is, therefore, safe and is demonstrated to be so by thousands of years of use.  So why is the EU and the FSA, its agent in the UK, engaged in this spurious and wholly unnecessary attack?  Can it be for any other reason than simply to sustain the bureaucracy and create work for the bureaucrats keeping them in their comfortable jobs?

It remains to be seen whether the FSA will try to explain its actions.  CLEAR’s trade association for CBD businesses, Cannabis Professionals (CannaPro), has been dealing with the FSA for some time and trying, unsuccessfully, to obtain straight answers. We participated in a conference which included the Head of Novel Foods in December 2018 and only yesterday we wrote to him complaining that, if anything, the situation was becoming more confused.  Now, unconfirmed statements from the FSA suggest that it is requesting Trading Standards to work with it on ‘enforcement’ and to remove CBD products from shelves. In our view the FSA and Trading Standards would be exceeding their lawful authority if they took this action as inclusion in the EU Novel Food Catalogue does not represent law.

It’s also important to understand the context in which the FSA bureaucrats are flexing their muscles and trying to talk tough.  For some time, CBD isolate has been in the EU Novel Food Catalogue and it has been genrally accepted by the industry that it is genuinely novel.  All responsible businesses have stopped selling isolate but there are a host of disreputable companies still selling isolate and neither the FSA nor Trading Standards have taken any enforcement action whatsoever.

Similarly, when the MHRA tried to get tough in 2016, it had a legitimate complaint that unlawful claims of medicinal benefit were being made.  All responsible businesses have ceased to make such claims but the marketplace is still full of confidence tricksters and the MHRA has taken no enforcement action whatsoever.  There are full page advertisements appearing in newpapers (including the Daily Mail) making the most outrageous medicinal claims but the MHRA does nothing. And this lack of enforcement severely damages responsible businesses that are working hard to remain compliant.

So, the truth is that even when justified and necessary, no enforcement is taking place.  In austerity Britain, even if you report a burglary or a car theft, the police will do nothing about enforcement.  The FSA’s action may well cause some of the major retailers to step back from the market.  It will certainly cause unnecessary confusion and damage to this burgeoning market but there is zero chance that it will stop people buying and selling CBD products.  Thousands of jobs now depend on the British CBD industry and millions of people find the products helpful and beneficial.

Key Points of Advice and Guidance

Don’t panic.  If you’re using CBD it will continue to be available. You might find it easier to buy it online in future.

Don’t panic.  If you’re a CBD business, the future remains bright, you should be used to a few obstacles in your path!

Don’t panic.  If you are visted by Trading Standards, stay calm and explain that your products contain nothing ‘novel’ and have been in widespread use for hundreds of years.

Don’t panic.  All CannaPro Certified businesses will have support in compiling evidence that your products are not ‘novel’. You are entitled to be given time to submit this.

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A final point that needs to be made on this subject.  When CLEAR organised the successful response to the MHRA’s intervention in 2016, it led directly to the establishment of the Cannabis Trades Assocation UK (CTA).  For reasons concened mainly with the ethical conduct and antecedents of Mike Harlington, who we appointed to run the CTA, we, along with many CBD businesses have disassociated themselves. This is turn led to the formation of Cannabis Professionals.

One of the main concerns about Harlington were his false claims of a ‘special relationship’ with the MHRA and FSA. These events should put the final nail in the coffin of those lies.  He and the CTA have had more than two years to establish a successful working relationship with these authorities but this has clearly been an absolute failure.  More than ever, the UK’s legal cannabis, CBD and hemp businesses need proper and effective representation.  Clearly, the CTA is unable to provide that.