1. The Consumer Council (CC) supports the proposal to put cannabidiol (CBD) under the control of the Dangerous Drugs Ordinance (DDO) within 2022, with details as stated in LC Paper No. CB(2)380/2022(03).
2. CBD is a substance found in cannabis. In recent years, CBD has been promoted by traders as a natural herbal substance that may improve various aspects of health of human and even pets. In 2021, CC collected some market information about CBD products and noted that, besides being sold as a health supplement, CBD was applied as an ingredient in a wide range of products such as snacks, drinks, cosmetics and personal care products. These products were sold in retail outlets located in big shopping malls, online shops and social media platforms and therefore easily accessible by consumers and especially the youth.
3. Though widely available as such, a safety level of human consumption of CBD infused products has not yet been established by relevant international authorities. Recently, European Food Safety Authority (EFSA), while evaluating applications for CBD as a novel food, commented that “there is insufficient data on the effect of CBD on the liver, gastrointestinal tract, endocrine system, nervous system and on people’s psychological well-being”. In particular, as “studies in animals show significant adverse effects especially in relation to reproduction”, the authority considered “it is important to determine if these effects are also seen in humans”. Therefore, CC opines that it is not appropriate and in fact, may pose a high risk to consumers if allowing CBD as an ingredient in food products.
4. Tetrahydrocannabinol (THC), which is another substance found in cannabis, can cause hallucination, addiction and various health problems such as heart attacks in human. Although THC is already controlled under DDO, it is reported that CBD can decompose to THC on storage or be purposely converted into THC by some chemical processes. Various scientific and legal investigations found that THC can be detected in many CBD products, including those being sold in Hong Kong. Studies conducted by the Government also found similar results. Therefore, consumers may be unwittingly exposed to THC. Therefore, CC is of the view that putting CBD under the control of DDO is the right way to protect consumers from the danger of THC.
5. Despite all the potential hazards of CBD just said, it is understood that CBD is also an active ingredient in some drugs registered in other countries. Therefore CC suggested that the legislation should allow medical, pharmaceutical and scientific professionals to make use of CBD in treating patients and in scientific investigations with appropriate application and licensing requirements. Stringent surveillance should also be imposed to ensure compliance of the trades in applying CBD for medical use.
6. The Council also wants to highlight that given CBD products are lawful in some countries, extensive public education should be in place to support the enforcement so that consumers would not mistakenly or unintentionally infringe the law either via online purchase or from their holiday shopping from overseas.
June 2022
Consumer Council
