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Legality · CBD

Is CBD legal in United Kingdom?

Confirmed against a primary sourceVerified October 3, 2026
Legal status
Not a controlled drug. CBD, cannabidiol, is not named in Schedule 2 to the Misuse of Drugs Act 1971 as in force on 2 October 2026, and no generic paragraph reaches it: the Part II entry for cannabinol derivatives depends on Part IV, which defines them as «“cannabinol derivatives” means the following substances, except where contained in cannabis or cannabis resin, namely tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives;» Cannabidiol is not a tetrahydro derivative of cannabinol: cannabinol has a closed dibenzopyran ring, and in cannabidiol that ring is open, so the definition does not describe it. A CBD product is nevertheless controlled if it contains THC or another cannabinol derivative, unless it is an exempt product. Regulation 2 of the Misuse of Drugs Regulations 2001 limits an exempt product to one not designed for administration, from which the drug cannot readily be recovered, where «no one component part of the product or preparation contains more than one milligram of the controlled drug»; the ceiling is therefore 1 mg of each controlled drug per component part. The Home Office drug licensing factsheet, which states that it was updated on 3 October 2024 and was read on 2 October 2026, gives its view that the component part is the container, such as a bottle of oil, and not a dose. The text read is the legislation.gov.uk revised text of the Act as in force on 2 October 2026, whose Schedule 2 page states «There are currently no known outstanding effects for the Misuse of Drugs Act 1971, SCHEDULE 2.» The last amendment that text incorporates is the Misuse of Drugs Act 1971 (Amendment) (No. 2) Order 2024, S.I. 2024/1361, in force 15 January 2025; a title search of the same site for 2025 and 2026 found no later amending Order, and the draft Misuse of Drugs Act 1971 (Amendment) Order 2026 is marked «This is a draft item of legislation and has not yet been made as a UK Statutory Instrument.» Schedule 2 moves by Order in Council under section 2(2), which reads «Her Majesty may by Order in Council make such amendments in Schedule 2 to this Act as may be requisite for the purpose of adding any substance or product to, or removing any substance or product from, any of Parts I to III of that Schedule», so this does not rule out a later amendment. Section 2(1)(a) also makes a controlled drug of anything specified «in a temporary class drug order as a drug subject to temporary control (but this is subject to section 2A(6));» the only such Order found in force, the Misuse of Drugs Act 1971 (Temporary Class Drug) Order 2026, S.I. 2026/613, in force from 11 June 2026 for one year, lists seven synthetic opioids of the orphine type, from cychlorphine to 5,6-dichlorobrorphine, and this row is not among them.
Consequences if caught
Capital exposure: none. No provision of the Misuse of Drugs Act 1971, of the Customs and Excise Management Act 1979 or of the Psychoactive Substances Act 2016 provides a death sentence; the highest punishment in Schedule 4 to the 1971 Act is imprisonment for life. Pure cannabidiol attracts no offence under the 1971 Act. A product carrying more than the exempt product limit of THC or another cannabinol derivative is a Class B product under Part II, paragraph 4, so possession carries «5 years or a fine, or both.» on indictment and supply, production, import and export carry «14 years or a fine, or both.» for the controlled content. In England and Wales possession of a cannabinol derivative can instead be met with a penalty notice for disorder under section 1 of the Criminal Justice and Police Act 2001, under the description «Possession of cannabis etc», given only to a person aged 18 or over, at £90 as set by S.I. 2009/83 and S.I. 2013/1579. Whether pure cannabidiol is a psychoactive substance under section 2 of the Psychoactive Substances Act 2016 is a question of effect that the Act does not answer by name; if it is, supply for consumption for psychoactive effect is a section 5 offence of «on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine, or both.»
If prescribed or medical
Paragraph 10 of Schedule 5 to the 2001 Regulations lists a liquid formulation «containing cannabidiol obtained by extraction and purification from cannabis;» with no more than 0.1 milligram of delta-9-THC per millilitre and 95 to 105 milligrams of cannabidiol per millilitre, presented as an oral solution and «which was approved for marketing by the European Commission on 19th September 2019.» That is a prescribed cannabidiol medicine, and as a Schedule 5 preparation regulation 4 frees it from the import, export and possession prohibitions. On Northern Ireland the sources point two ways, and both are quoted. legislation.gov.uk tags every provision of the 2001 Regulations with the extent E+W+S+N.I. 45 such tags in its XML, while the Regulations themselves carry no extent clause; against that tag, their amending Regulations of 2023 and 2024 each state «These Regulations extend to England and Wales and Scotland.», and the 2026 temporary class drug order applies the two codes separately, saying «The Misuse of Drugs Regulations 2001 apply to the substances and products listed in the Schedule to this Order as if those substances and products were specified in Schedule 1 to those Regulations.» and «The Misuse of Drugs Regulations (Northern Ireland) 2002 apply to the substances and products listed in the Schedule to this Order as if those substances and products were specified in Schedule 1 to those Regulations.» Northern Ireland has its own Misuse of Drugs Regulations (Northern Ireland) 2002, S.R. 2002 No. 1. The legislation.gov.uk text of those Regulations states «There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Misuse of Drugs Regulations (Northern Ireland) 2002.», so the Northern Ireland schedule for this row is not given here.
Documentation
A consumer CBD product needs no Home Office licence if it contains no controlled cannabinoid above the exempt product limit; the traveller bears the risk of a product that tests above it. The Home Office page at https://www.gov.uk/travelling-controlled-drugs, read on 2 October 2026, concerns controlled medicines; the factsheet at https://www.gov.uk/government/publications/cannabis-cbd-and-other-cannabinoids-drug-licensing-factsheet sets the Home Office position on the exempt product test.
Primary sources
  • Psychoactive Substances Act 2016, ss. 2 to 11 and 26 and Schedules 1 and 2
  • legislation.gov.uk
  • read on 2 October 2026 as the legislation.gov.uk revised text, which records no known outstanding effects
  • Misuse of Drugs Act 1971, s. 2 and Schedule 2, read as in force on 2 October 2026, no known outstanding effects recorded
  • legislation.gov.uk
  • Misuse of Drugs Regulations 2001, reg. 2 and Schedule 5 para. 10
  • legislation.gov.uk
  • Home Office drug licensing factsheet: cannabis, CBD and other cannabinoids, updated 3 October 2024
  • gov.uk
  • Misuse of Drugs Act 1971 (Temporary Class Drug) Order 2026, S.I. 2026/613
  • legislation.gov.uk
  • Criminal Justice and Police Act 2001, ss. 1 and 2
  • Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002, S.I. 2002/1837, as amended by S.I. 2009/83 and S.I. 2013/1579
  • legislation.gov.uk
  • legislation.gov.uk
  • legislation.gov.uk
  • Draft Misuse of Drugs Act 1971 (Amendment) Order 2026, not made as at 2 October 2026
  • legislation.gov.uk
  • S.I. 2024/1361 read as made on 2 October 2026
  • legislation.gov.uk
  • Contains public sector information licensed under the Open Government Licence v3.0

Court records

The National Archives declined the transactional licence on 22 September 2026.

Source checked Find Case Law, The National Archives · 2026-08-26

CBD in related jurisdictions

Other substances confirmed in United Kingdom

Same substance, other countries