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CBD products in Hong Kong

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  1. #1

    Join Date
    Sep 2010
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    256

    CBD products in Hong Kong

    I asked the Hong Kong Customs & Excise Department about the legality of Cannabidiol (CBD) in Hong Kong and below is what they replied to me:


    Thank you very much for your mail.

    2. Cannabis, Tetrahydro-cannabinol (THC) and Cannabinol (CBN) are dangerous drugs controlled under the Dangerous Drugs Ordinance (Cap. 134, Laws of Hong Kong). Any products contain cannabis, THC or CBN are also controlled under the law. Illicitly importing to Hong Kong with dangerous drugs constitutes a criminal offence with the maximum penalty of life imprisonment and a fine of HK$5 million.

    3. Under the Pharmacy and Poisons Ordinance (Cap. 138, Laws of Hong Kong), any pharmaceutical products containing Cannabidiol (CBD) must be registered with the Pharmacy and Poisons Board of Department of Health (DoH) in accordance with the requirements under before it can be sold or distributed. Manufacturers, importers or distributors of the pharmaceutical products must also obtain relevant licences from the Board.

    4. Pursuant to the prevailing laws of Hong Kong, DoH is the legal authority to ascertain the control status of any pharmaceutical products and to administer the licensing control of these products. Whereas the Customs and Excise Department (C&ED) acts as the front-line agency to prevent importation and exportation of any articles which are prohibited by law and/ or to ensure the licensing requirements for the importation/ exportation of any prohibited articles are fulfilled.

    5 If you have questions on importation of any products which might involve pharmaceutical products and medicine, you are advised to contact DoH direct with relevant means of contact below-

    Tel: (852) 2319 8458 (Drug Registration)
    (852) 2319 8460 (Drug Import / Export)
    Email: [email protected]
    Website: Drug Office | 藥 物 辦 公 室

    6. For details of prohibited imports in Hong Kong, please refer to the website of the C&ED-

    http://www.customs.gov.hk/en/trade_f...les/index.html
    I then contacted the Department of Health to ask about the licensing requirements, and this is what they told me:

    Thank you for your email dated 4.4.2019.

    Registered pharmaceutical products are subject to different level of control over their wholesale dealing as well as retail sale and appropriate licences or authorisation are required (e.g. For wholesale dealing: Wholesale Dealer Licence, Antibiotics Permit or Wholesale Dealer’s Licence for Dangerous Drugs; For retails sale, being an Authorized Seller of Poisons (Pharmacy) or Listed Seller of Poisons) according to the Pharmacy and Poisons Ordinance (Cap. 138), Antibiotics Ordinance (Cap. 137) and Dangerous Drugs Ordinance (Cap. 134).

    Under the Import and Export Ordinance (Cap. 60), all imports and exports of pharmaceutical products must be covered by import and export licences. The importer/exporter should apply for import/export licence for the importation/exportation of pharmaceutical products for each shipment and the importer/exporter should hold relevant trader licence. Please note that no import/export licence would be issued to consumers.

    You are advised to refer to the relevant provisions of the aforementioned ordinances at Hong Kong e-Legislation (Hong Kong e-Legislation) in particular substances controlled as poisons including cannabis and extracts of cannabis under the Poisons List stipulated in Schedule 10 of the Pharmacy and Poisons Regulations (Cap. 138A) at (https://www.elegislation.gov.hk/hk/c...8402708125_001) and substances regulated as dangerous drugs specified in Part I of the First Schedule of the Dangerous Drugs Ordinance including cannabinol and its tetrahydro derivatives (Cap. 134) at (https://www.elegislation.gov.hk/hk/c...8402701417_001).

    According to the Dangerous Drugs Ordinance (Cap. 134), "cannabis" means any plant, or any part of any plant, of the genus cannabis which contains tetrahydro-cannabinol (THC) and the viable seeds of any plant of the genus cannabis. Part 1 of the First Schedule to the Dangerous Drugs Ordinance also listed "cannabis", "cannabinol and its tetrahydro derivatives; their 3-alkyl homologues" as dangerous drugs.
    Please note that, although cannabidiol (CBD) is not listed under the Part I of the First Schedule to the Dangerous Drugs Ordinance, extraction of CBD from cannabis usually includes low level of THC, which will render the CBD products a dangerous drug.

    The maximum of penalty of trafficking in dangerous drug is a fine of $5,000,000 and life imprisonment. Illegal possession or sale of Part 1 poisons or unregistered pharmaceutical products is an offence. The maximum penalty upon conviction is a fine of $100,000 and imprisonment for two years for each offence.
    Should you have any question when interpreting the legislation, please obtain legal advice or consult relevant expert.
    Points I am now wondering about:
    According to the Drug Office website, there are no registered CBD products available in the Hong Kong market. Only a CBD product with a Certificate of Analysis (or other such document?) proving that the THC content of the product is zero percent would be considered legal in Hong Kong. To import a CBD products with “zero percent THC” certificate would still require registration and licensing, and such process is not available for consumers.

    So it is not possible to legally obtain CBD products in Hong Kong; or can somebody reach a different interpretation?

    And where should one start petitioning to have this point of law revised, since zero percent THC containing CDB oil should not be any more dangerous than say, olive oil?
    Last edited by shri; 09-04-2019 at 02:24 PM. Reason: fixed formatting
    Kowloon Goon likes this.

  2. #2

    Join Date
    Dec 2002
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    Things might be moving ... they're talking about it and there seems to be some corporations pushng things along.

    You could drop the officer quoted below an email - find him on directory.gov.hk

    Mr. KWAN Chi Wai briefed the meeting that recreational cannabis were legalised in
    Canada since October 2018 while sale of food products and drinks containing cannabis or
    THC was still unlawful but expected also to be legalised by end of 2019.
    https://www.cfs.gov.hk/english/commi..._e.pdf?noembed

  3. #3

    Join Date
    May 2013
    Posts
    568

    This company claims to ship CBD products to Hong Kong

    https://kushycbd.com

    Kowloon Goon likes this.

  4. #4

    Join Date
    Sep 2010
    Posts
    256
    Quote Originally Posted by SirNotAppearing:
    This company claims to ship CBD products to Hong Kong

    https://kushycbd.com
    A lot of companies claim to ship to Hong Kong but it is not done legally. That's my point.

  5. #5

    Join Date
    May 2013
    Posts
    568

    Theoretically speaking, are we to turn ourselves in if they are sent as a gift by a third party?


  6. #6

    Join Date
    Oct 2017
    Posts
    603

    @ellena

    THC is dangerous? Geeeze.

    Anyway, please keep us updated on this issue. Keen to hear what you discover.


  7. #7

    Join Date
    Oct 2014
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    2,829

    As an unhelpful aside, I'm amazed that in 2019 China (and HK by extension) is taking a hard line against cannabis but totally gung ho on tobacco, when all developed countries are pretty much doing the opposite.

    Kowloon Goon likes this.

  8. #8

    Join Date
    May 2013
    Posts
    568
    Quote Originally Posted by merchantms:
    As an unhelpful aside, I'm amazed that in 2019 China (and HK by extension) is taking a hard line against cannabis but totally gung ho on tobacco, when all developed countries are pretty much doing the opposite.
    This was I'm guessing due to lobbying by the tobacco industry, but now that the tobacco industry is taking up equity positions in the largest cannibis companies things will evolve rapidly. There just has to be a revenue source for the gov to make them happy.

  9. #9

    Join Date
    Feb 2011
    Posts
    503

    So has anyone shipped any CBD oil from abroad yet?

    Kowloon Goon likes this.

  10. #10

    Join Date
    Feb 2016
    Posts
    568
    https://www.sassyhongkong.com/wellne...-trial-review/

    I ordered a 10ml bottle from Kiki Health. It should be delivered this week.

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