Is CBD illegal again? It would appear so, but it’s difficult to be certain of anything in these trying times. Here’s what you need to know.
CBD was rescheduled a year ago and given a 12 month exemption. This allowed for the open sale of products containing a low dose. This exemption included:
- “CBD preparations that contain a maximum daily dose of 20 milligrams and which do not claim to treat or cure any medical condition – but instead, contain a ‘low risk claim or health claim’, including reference to ‘general health enhancement without any reference to specific diseases’, ‘health maintenance’ or ‘relief of minor symptoms’ which are not related to a disease or disorder;”
- “Products ‘made from raw plant material and processed products’ which contain a very small amount of THC (not more than 0.0001%) and CBD (not more than 0.0075%).”
The exemption has however expired and is unlikely to be at the top government’s agenda at the moment. This leaves a burning question for many producers and consumers who are now uncertain about where they stand and are asking….
Is CBD illegal again?
The short and sweet of it is that medicinal CBD products are now at the least back in a very grey area. They are likely to need a prescription from a doctor and to be handled by pharmacists. Existing retailers and customers will have to navigate this uncertainty together. While we are yet to see how it will all be officially regulated and policed. The Fields of Green for All cannabis rights group have offered some blunt tongue in cheek advice on the matter, “we suggest you round up all your almost illegal CBD infusions, pack and label them, and head off to your nearest police station to hand them in to the proper authorities.”
Most CBD products remain legal
CBD products that do not make any medical claims are legal to sell. As long as their daily dosage is no higher than 20mg. You will therefore find CBD in just about anything from dog treats to holistic remedies. Many of these products can be easily found online or at local stores. It is best to do your homework when buying or selling CBD with a specific intention, as results may vary. Here’s an excellent article about finding pure CBD oil in South Africa.
Medical CBD could go to court
The Traditional and Natural Health Alliance are on standby to take the matter to court. “The CBD industry and millions of CBD consumers need clarity on the future status of CBD and its continued access Now!”
While their website also offers some valuable insight. “The only legal means now for consumers to obtain CBD products is to first obtain a prescription from a doctor and then have their doctor make an application to the Director-General of the Department of Health for a Section 21 Exemption permit to import the product legally for a three month period.”
“Selling unregistered medicines is a criminal offense under Section 29 of the Medicines and Related Substances Act (Act 101 of 1965). The entire CBD product value chain now requires pharmaceutical trade licenses or pharmacy licenses to sell CBD products legally.”
Uncertainty is certain to linger as more pressing matters remain the priority of local and international leaders. It also remains to be seen how willing people are to return to a time of CBD being strictly regulated. Especially after how freely the products have been marketed and sold across the country.
Are you still selling or buying CBD products?
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