Written for the January 21, 2022, issue of Penguin News. Printed under the headline “Legislative Assembly expects CBD legalisation paper before mid-2022”.

THE legalisation of CBD (Cannabidiol) oil was a hot topic during the 2021 Legislative Assembly election, with many prospective MLAs voicing their support for the legalisation of products containing the compound.

Following on from the election the elected MLAs discussed the legalisation of CBD products in the meeting of the Assembly on December 18, where it was said by MLA Roger Spink: “A paper has been requested to be brought to Executive Council in February 2022 to consider the options for legalising CBD oil products,” by amending the 1987 misuse of drugs ordinance.

“Assuming there is clarity on the preferred option and, balancing this work against other priorities, it is hoped that a draft Bill could then be prepared by May 2022.”

Penguin News spoke to MLA Gavin Short, who was vocal in his support of the legalisation of CBD products during the 2021 Election, who said that at this stage the legalisation, “has support from all eight MLAs, “giving some indication that an ExCo paper regarding legalisation may be looked on favourably.

Speaking about the reasoning for pushing for legalisation now MLA Short said: “I have to declare an interest, as I suffer from arthritis.”

MLA Short said he believed something may have been done in the last Assembly, “but Covid got in the way, of course.”

MLA Short reminded the public that should the ExCo paper approve the legalisation of CBD products, they shouldn’t immediately set to ordering anything.

The process will be that following ExCo a bill will have to go through the house, and then be Gazetted - and that the FIG Gazette will, should legalisation have been approved to this stage, provide a date for when the law will be enacted. MLA Short said he believed the public would be made well aware and not have to follow too closely to know when they are safe to order CBD products without potential legal intervention.

On whether any discussion took place among MLAs about the legalisation of other cannabis derivatives or products MLA said: “Any serious discussions? No.”

CBD: The Facts

What is CBD?

CBD is a type of compound found naturally in a number of plants, but in higher concentrations (as much so it can be extracted) in species of cannabis sativa - both the psychoactive marijuana plant, and its sibling; hemp.

CBD is one of hundreds of compounds found in cannabis, and is an entirely different compound to THC (tetrahydrocannabinol), which is the active ingredient that gets users high. CBD, due to its greater concentration in the plant, is actually most commonly extracted for commercial use from hemp plants rather than marijuana.

The Claims & Studies

There are claims that CBD can treat a range of medical issues, ranging from anxiety, chronic pain, depression, insomnia, migraines, Parkinson’s tremors, PTSD, seizure disorders and more.

There is growing evidence that non-psychoactive compounds in cannabis plants, such as CBD, can assist in multiple ways. A 2018 study on mice showed reductions in inflammation, a 2019 human study showed CBD applied on the skin as an ointment reduced inflammatory skin disease and scarring; various studies have shown CBD to reduce cravings and withdrawal from opioids and tobacco; the FDA has approved CBD based drugs for treating epilepsy seizures, and studies have also shown promise in slowing the onset of alzheimers, preventing spread of some types of cancer, reduction of anxiety, treatment of symptoms of diabetes and treatment of acne.

The Science

Cannabinoids, including CBD and THC, produce an effect in the body by interacting with cannabinoid receptors, part of the endocannabinoid system - a system present in the human body which reacts to natural cannabinoids which our bodies already produce.

There are two forms of receptor in the body which react to CBDs:

- CB1 receptors: Present throughout the body, particularly in the brain. They co-ordinate movement, pain, emotion, mood, thinking, appetite, memories, and other functions.

- CB2 receptors: More common in the immune system. They affect inflammation and pain.

CBD has an effect through its stimulation of these receptors to potentially reduce sensations of pain.

Why now?

CBD has become a hot topic beyond just the Falklands, filling shelves in supermarkets across the UK, US and many other parts of the world. It seems to many that this has risen up as a craze, and as such is likely a fad.

Barriers to research, recently circumvented, have been the reason for the seemingly sudden burst of popularity of CBD products.

Up until recently cannabis was only able to be studied in the US to look at it’s negative effects, not its positives, due to its status as a schedule 1 drug in America.

In the UK funding to test positive effects of marijuana and CBD was not inaccessible in writing, but due to the illegal nature of cannabis substances it was unattractive to study.

In the US scientists were also only able to study cannabis purchased from one government-approved supplier, whose product was found in 2017 to be chemically dissimilar to any other cannabis in regulated markets worldwide.

Since May 2021 the law changed in the US, allowing other providers to grow cannabis for science, and allowing scientists to study cannabis for its health effects as well as for harm.

Due to these factors CBD and other cannabis products have only begun to be properly understood in terms of its effects.

As of 2018 CBD products have been legal for selling in the UK - provided it is derived from hemp; contains no more than 0.2% THC; and meets the standards of the Food Standards Agency standards as a novel food.

How is it taken?

CBD can be taken in a range of forms, and is sold in the UK and US as a tincture to be taken by mixing into food or drink, sprayed in the mouth or eaten as a capsule.

Many studies have found, however, that CBD is most effective being taken sublingually (under the tongue) after being administered by a spray, pipette or dropper.

The effect of CBDs is found to be greater when taken sublingually as this brings the compound more directly into the bloodstream.

When taken in a capsule form, or added to food or drink, it is processed in the stomach and then the CBD is further processed by the liver, reducing the amount of CBD entering the bloodstream significantly.

As such products such as tea, gummy sweets, honey, soft drinks and baked goods which include CBD are thought to have little to no beneficial effect by scientists.

Side effects

Potential side effects, the FDA have said, include liver damage, loss of appetite, changes in mood and a reduction of fertility in males.

Many medical professionals note in regards to the FDAs list of side effects that current medications which CBD is being used as an alternative to can cause these very same side effects, often at greater levels than CBD is thought to.

Nicholas Roberts