202302559 B1 - [2025] EWCA Crim 1149

Ground 4:

The appellant submits that his prosecution was a breach of his rights under Article 7, which prohibits punishment without law, because the law relating to the importation and sale of CBD products with a low THC content is unclear and citizens cannot know how to regulate their behaviour.

The respondent submits that the law is perfectly clear: cannabis is a controlled drug under the MDA 1971, and since 31 December 2020 arts. 34 and 36 of the TFEU have no direct effect in England and Wales. CBD in its pure form would not be controlled under the MDA 1971 (though it would be subject to a different regulatory and licensing regime); but if a CBD product contains any controlled cannabinoids, whether intentionally or otherwise, then Home Office guidance warns would-be suppliers that it is likely that the product will be controlled.