Hong Kong: CBD ban takes effect on February 1, with millionaire fines and life sentences

Hong Kong will officially classify Cannabidiol (CBD) as a “dangerous drug” starting this Wednesday, February 1st, and will impose severe penalties for its transport, production, possession and consumption. At a press conference, the head of the customs services authority, Au-Yeung Ka-Lun, stressed that transporting, importing and exporting CBD for sale, as well as producing, possessing, and consuming the substance, will be “illegal and punishable by serious consequences”, such as fines of up to 5 million Hong Kong dollars (more than 585 thousand euros) and/or imprisonment, which, depending on the cases, can be up to life imprisonment.

The move sparked outrage from CBD supporters, who argue the substance can treat a range of health issues, including anxiety, and does not produce psychotropic effects like tetrahydrocannabinol (THC), which is already banned in Hong Kong.

Previously, CBD, derived from the cannabis plant, was legal in the city and bars and stores sold products containing it. However, the Hong Kong government decided to ban the substance due to difficulties in isolating CBD directly from the plant, the possibility of THC contamination during production, and the ease with which CBD can be converted into THC and other semi-synthetic cannabinoids. .

The ban will impact dozens of Hong Kong businesses, including cafes, which have opened up the sale of CBD-infused products such as gummies, drinks and others. In October 2022, residents were notified that they had three months to dispose of their CBD products in special boxes placed throughout the city.

Hong Kong's “dangerous drugs” category includes substances such as heroin and cocaine, as well as cannabis itself. This ban on CBD by the Hong Kong government aligns with the position of mainland China, which banned the substance in 2022.

Hefty fines and life imprisonment

The head of the customs services authority, Au-Yeung Ka-lun, declared at the press conference that “from February 1st, cannabidiol, also known as CBD, will be considered as a dangerous drug and will be supervised and controlled by the Ordinance on Dangerous Drugs”.

Furthermore, Au-Yeung pointed out that transporting, importing and exporting CBD for sale, as well as producing, possessing, and consuming the substance, will be illegal and punishable with serious consequences. Importing, exporting, or producing CBD can result in a prison sentence (up to life imprisonment) and fines of up to HKD 5 million (approximately €585.350), while possession of CBD can result in a sentence of up to seven years and fines up to HKD 1 million (approximately €117.000).

The division head of the Airport Command of the customs department, Chan Kai-ho, explained that, despite the severe sanctions, the authorities will deal with the implementation of the new measure on a case-by-case basis and will seek legal advice from the Department of Justice to determine other actions. He also highlighted the government's zero tolerance policy towards drugs in Hong Kong and stressed that "we will fight all types of dangerous drugs from all angles and for all purposes, and information-led law enforcement action is our main objective".

In Asia, most nations maintain strict drug laws and impose stiff penalties on offenders, the only exception being Thailand, which legalized the cultivation and possession of cannabis in 2022.

Paradoxically, it was in China that the first use of cannabis in medicine was described, with its use described in the oldest pharmacopoeia in the world, the Pen-Ts'ao Chin, dated 2.700 BC, which refers to the use of cannabis in the treatment of various pathologies, such as rheumatic pain, intestinal problems, malaria and problems in the female reproductive system.