Hong Kong’s CBD Ban: An Overview of the New Regulations

On February 1, 2023, Hong Kong officially reclassified cannabidiol (CBD) as a dangerous drug under the Dangerous Drugs Ordinance. This significant shift in policy has raised concerns among consumers, retailers, and advocates of cannabis-based products. Under the new regulations, possession and consumption of CBD can lead to severe penalties, including a maximum seven years’ imprisonment and a hefty fine of HKD$1 million (approximately US$127,000).

Reasons Behind the Ban

The decision to categorize CBD as a dangerous drug stems largely from the presence of tetrahydrocannabinol (THC) in many CBD products. THC is the psychoactive compound in cannabis known for its potential for addiction and impairment. Wai Mun Poon, a principal regulatory consultant at Wong SJ Asia, pointed out that the government seems unconvinced by the existing evidence regarding the health benefits of CBD. This skepticism significantly influenced the decision to implement a ban.

In a legislative council meeting last year, Hong Kong’s Secretary for Security, Tang Ping-keung, revealed that since 2019, over 3,800 CBD products had been found to contain THC. These products included a wide array of items—from edible oils and health supplements to e-cigarette oil and pet food.

The Challenge of Compliance

Before the ban, CBD products were permissible in Hong Kong as long as they contained no THC. However, retail challenges were evident. Heavens Please, a local start-up that previously sold CBD products, highlighted the difficulty in sourcing CBD with guaranteed zero THC, especially if imported from abroad. Co-founder Denise Tam noted that many international products might contain low, yet detectable, levels of THC that exceed Hong Kong’s strict regulations.

Tam described the government’s position on THC as “murky,” especially since various countries have clear permissible levels, typically allowing up to 0.2% to 0.3% THC. Without definitive guidelines, both consumers and businesses face uncertainty over what is approved for sale.

Government Response and Public Perception

To manage the transition, the Hong Kong government set up disposal initiatives for CBD products. As of January 29, approximately 77,400 items containing CBD have been collected, mostly consisting of skincare and health supplement products. As businesses adjust to the new landscape, Tam’s company has removed CBD offerings entirely, shifting their focus to other herbal and tea products instead.

The government’s initiative to raise awareness about the dangers of CBD has significantly influenced public perception. Tam remarked that widespread commercial campaigns positioning CBD as a harmful drug have altered how people view such products, complicating efforts to explore other cannabinoids like cannabigerol (CBG).

Navigating New Market Dynamics

Despite the ban, experts like Janet Schloss, a clinical research fellow at Australia’s National Centre for Naturopathic Medicine, believe that it is still feasible to obtain THC-free CBD products. There are options available, such as broad-spectrum CBD or isolates that contain no other cannabinoids. However, Poon warns that the presence of THC or other harmful substances in extraction processes complicates the regulatory landscape for CBD oils in food and supplements.

The challenge remains that while some Asia-Pacific countries are beginning to allow certain cannabis products (Thailand being a notable example), it’s unlikely that others will follow suit without stringent regulations and safety evaluations. Moreover, the prospect of registering CBD as a medicinal product in other nations remains tied to rigorous safety protocols and quality evaluations.

As the situation evolves, stakeholders in Hong Kong and beyond continue to navigate a complex regulatory environment that combines public health concerns with emerging scientific knowledge about cannabinoids.