Terms:

• CBD (Cannabidiol): It is one of 113 identified cannabinoids in cannabis plants, along with THC, accounting for up to 40% of the plant's extract. CBD does not have the same psychoactivity as THC;
• THC (tetrahydrocannabinol): It is the principal psychoactive constituent of cannabis and one of at least 113 total cannabinoids identified on the plant;
• Cannabis: It is a psychoactive drug from the cannabis plant. THC is the main psychoactive component of cannabis;
• Dangerous Drugs Ordinance: It lists all prohibited drugs in Hong Kong, including cocaine, cannabis and THCs, heroin, ice (methamphetamine hydrochloride), ecstasy (MDMA) and ketamine.

According to a industry media, Hong Kong Security Bureau submitted a paper to the Hong Kong Legislative Council in June, proposing to list CBD (cannabidiol) under the Dangerous Drugs Ordinance (Ordinance) in 2022. ¹ If the paper is passed, Hong Kong will ban the manufacture, supply, import, export, transshipment, sale and possession of CBD-containing products (including CBD cosmetics).

According to the Ordinance,

• any person who manufactures, supplies, or sells any dangerous drug shall be liable upon conviction to a fine of HK$5,000,000 and imprisonment for life;
• any person who possesses a dangerous drug shall be liable upon conviction to a fine of HK$1,000,000 and imprisonment for seven years.

Hong Kong’s Commissioner for Narcotics Kesson Lee said that if the paper was passed, consumers and enterprises would be given a reasonable transition period, such as three months, to dispose of or destroy CBD-containing products.

The paper also clarifies that the exemptions are granted to those who have been prescribed CBD-containing products for medical use, or hold a license issued by the Department of Health.

Reasons for the CBD Ban

Currently, in Hong Kong, it is legal to add CBD to cosmetics, food, beverages, etc. Enterprises are increasingly trending towards adding CBD to their products, using CBD as a marketing gimmick and claiming that CBD products can relieve stress and improve sleep quality.

According to the paper submitted by the Hong Kong Security Bureau, since 2019, about one-third (more than 4,100 pieces) of CBD product samples tested in Hong Kong S.A.R. government laboratories were found to contain traces of THC. As the principal psychoactive constituent of cannabis and a dangerous drug specified in the Dangerous Drugs Ordinance, THC is easy to cause severe addiction. Regulators became concerned after finding THC in a large number of CBD products.

“In recent years, the consumption of CBD products has increased. To prevent its abuse in the future, we will take tough measures against all dangerous drugs and cannabis,” Kesson Lee said. He also pointed out that the Chinese mainland banned the addition of CBD to cosmetics in 2021.

The proposal for CBD ban is controversial in Hong Kong. According to the South China Morning Post, most lawmakers support the proposal, but some retailers oppose it. The retailers claim that as long as the product has been lab tested and proven safe to use, it should be allowed to be put on the market.

Further Reading

• China Hong Kong Cosmetic Regulation
• China Customs Rejected Imported Cosmetics Containing Cannabis Sativa Seed Oil
• China Implements Amended Cosmetic Prohibited Ingredient Inventories: 24 Newly Prohibited Ingredients Including Cannabidiol (CBD)
• Thailand Approves Another 9 Cannabis and Hemp-Derived Ingredients for Cosmetics Use

Reference Links

[1] Hong Kong Proposes Banning CBD Products within Year, After One Third of Such Items Sold in City Found to Contain Traces of Illegal Active Ingredient in Marijuana

출처 : Chemlinked