The scientific data was summarised in the joint position paper from the Advisory Committee on Novel Foods and Processes and Committee on Toxicity, which is available at the following link:

https://acnfp.food.gov.uk/JointpositionpaperfromACNFP%26COTonestablishingprovisionalADIforpureformCBDinfoods

Further detailed information will be published on the Food Standards Agency’s website in safety assessments relating to the novel foods applications for cannabidiol, as required by Article 23 4 (e) of Novel Foods Regulation (EU) 2015/2283, which are in preparation.

The Secretary of State has regular discussions with the Government’s arm’s-length bodies, including the Food Standards Agency, on a range of issues.

We are in the process of considering the findings of the Advisory Council on the Misuse of Drugs (ACMD) report on consumer cannabidiol products.

This is a complex area of policy and the Government is giving close consideration to the recommendations before responding in due course. We regularly engage with the Council on the timescales for responding to their reports and any reasons for those.

We will continue to work closely with the ACMD as policy is developed on the regulation of CBD products.

The Home Office works with the Food Standards Agency on the issue of CBD products, given our respective responsibilities for the regulation of controlled drugs and novel foods.

The Home Office will continue to work with the Agency as we consider our response to the advice provided by the Advisory Council on the Misuse of Drugs on CBD products.

In January 2021, the Home Office wrote to the Advisory Council on the Misuse of Drugs (ACMD) seeking the Council’s advice on how we can strengthen the law on consumer CBD products. This followed concerns that some CBD products being sold for human consumption may contain THC (tetrahydrocannabinol), a controlled drug compound found within the cannabis plant, making these products likely to be unlawful.

The ACMD published their report on 17 December 2021, recommending changes to the law. We are in the process of considering their findings and the Government will respond in due course.

Any food product containing Cannabidiol (CBD) is the responsibility of the Food Standards Agency. To bring industry into compliance with the Novel Foods Regulations, in February 2020 the Food Standards Agency announced a deadline of the end of March 2021 for businesses to have validated applications which will be submitted for risk assessment and any subsequent risk management considerations. This process will involve approval based upon dossiers (including safety data), submitted to and reviewed by the Advisory Committee on Novel Food Products.

In addition to this, the Committee on Toxicology has reviewed the available evidence on the safety on CBD in food. Its independent, expert advice was used to help set the current recommendations and consumption limits.

After the deadline any products not linked to a validated application will no longer be allowed to remain on the market and no new products have been allowed on the market since February 2020 without pre-market authorisation. CBD-containing food products are no different to other foods in that they are also subject to all other relevant food laws.

In Scotland, Food Standards Scotland has regulatory responsibility for CBD used in food products. Food Standards Scotland is working with local authorities and other partners to keep the safety of CBD food products currently on the market under review, and to ensure that products stating they contain this ingredient do so.

Cannabis-based products for medicinal use (CBPM) are not consumer products and are regulated separately. CBPMs must comply with the requirements of the Misuse of Drugs Act 1971, Misuse of Drugs Regulations 2001 and Humans Medicines Regulations 2012.

The Department’s National Institute for Health Research (NIHR) welcomes funding applications for research into any aspect of human health, including on cannabidiol products; it is not usual practice to ring-fence funds for particular topics or conditions. Applications are subject to peer review and judged in open competition, with awards being made on the basis of the importance of the topic to patients and health and care services, value for money and scientific quality. The NIHR has identified research on cannabis-based medicinal products as a priority and has issued two calls for research proposals on this area.

Given that cannabidiol extracts are found in many products and not just in food, Departmental officials are also working with other Government departments to assess all the relevant issues. We will consider evidence to develop the most suitable approach for regulation and compliance. The Food Standards Agency (FSA) will continue to engage with stakeholders on how the Government can achieve this.

On 1 November 2018, the Government changed the law to enable specialist doctors to prescribe cannabis-based products for medicinal use. This includes products containing tetrahydrocannabinol and cannabidiol. The regulations use the existing regulatory frameworks for medicines and the misuse of controlled drugs, an approach which the Government believes is proportionate and evidence-based, ensuring that clinicians can access these products whilst minimising the risk of misuse, harm and diversion.

The Food Standards Agency (FSA) has been working with local authorities, businesses, consumers and other stakeholders to determine how to regulate the cannabidiol market and achieve compliance in a proportionate manner.

The Department has made no assessment of the potential merits of the use of cannabidiol as a treatment for fibromyalgia.

There have been no discussions at Ministerial level but officials from the Medicines and Healthcare products Regulatory Agency (MHRA) and the Home Office have been in contact regarding this issue.

At present, the MHRA has offered an opinion that products containing cannabidiol used for medical purposes should be regulated as medicinal products. If manufacturers do not accept this, the MHRA can use a statutory determination process to formally classify their product(s).