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Is Hemp Weed? What UK Law Says About the Plant and CBD

Is hemp weed? In UK law hemp is cannabis, and the line is drawn by plant part, not THC. The Home Office rules on stalk, seed, leaf, flower and licence.

By Staff, CBD Wire

Is hemp weed? In UK law, in the sense that matters, yes: hemp is cannabis, and the Misuse of Drugs Act 1971 controls the plant and every part of it except the mature stalk, the fibre from that stalk and the seed. The legal line is drawn by plant part, not by a THC percentage.

This is an evergreen explainer. This desk read each Home Office page cited below on 18 October 2026.

Is hemp the same as cannabis in UK law?

Yes. The Home Office’s own licensing page is titled the low THC cannabis (industrial hemp) licensing factsheet: hemp is a kind of cannabis, not a separate plant.

Per the Home Office drug licensing factsheet, updated 3 October 2024, cannabis is a Class B drug, defined in section 37(1) of the Act as, in essence, the plant or any part of it, with three exceptions. THC is Class B too. The factsheet adds: “It is also an offence to cultivate any plant of the genus Cannabis except under a Home Office licence.”

Is hemp weed? Which parts of the plant UK law controls

Part of the plantStatus, per the Home Office pages read
Mature stalk and its fibreOutside the legal definition of cannabis
SeedOutside the legal definition of cannabis
Leaves and flowersControlled, whatever their THC percentage
The living plantGrowing it needs a Home Office licence
THCClass B controlled cannabinoid
Pure CBD, isolatedNot controlled under the 1971 Act

The industrial hemp factsheet, updated 18 December 2025, says licences cover seeds and fibre or mature stalk only, and do not allow use of “green” material, the leaves and flowers. Applications to make CBD oil from controlled parts will not be considered under that policy.

Only under licence. Approved seed varieties must not exceed the THC level in the Misuse of Drugs (Fees) Regulations 2010, which the factsheet gives as 0.2% “at the time of drafting”. A new low-THC licence costs £580, a renewal £326 and a compliance visit £1,371; growing high-THC cannabis or using controlled parts costs £4,700.

On 11 February 2025 the government said it intends to raise that figure to 0.3%, in line with the EU and the US, subject to Parliament. None of the Home Office pages this desk read says that change is in force; they still give 0.2%.

Does hemp get you high?

None of the pages read describes effects, and this site does not. What the law watches is THC, the controlled cannabinoid, wherever it sits.

Where CBD products fit

The factsheet says consumer CBD products contain varying amounts of controlled cannabinoids, so they are Class B unless they meet the exempt-product test, including no component part holding more than one milligram of a controlled drug. The Home Office reads that per container, such as a bottle of oil, and wants it shown by an ISO/IEC 17025-accredited lab. That test is set out in this site’s 1mg rule explainer and applied in its Trip legality check. CBD foods also sit under a separate food regime, the FSA’s novel-food process, covered in our note on its CBD guidance.

Frequently asked questions

Is hemp flower the same as weed? In UK law, yes. The Home Office treats industrial hemp as low-THC cannabis, and its factsheet says leaves and flowers are controlled parts of the plant. The government’s February 2025 response adds that they stay controlled no matter what their THC percentage, so a low reading does not turn hemp flower into a legal product.

Are hemp and cannabis both legal? Neither is legal without conditions in the UK. Cannabis is a Class B drug, and the Home Office says it is an offence to cultivate any plant of the genus Cannabis, hemp included, without its licence. The mature stalk, its fibre and the seed fall outside the legal definition; everything else on the plant does not.

What is the difference between hemp and marijuana? Botanically, not much: both are cannabis. The government’s 2025 response notes 0.3% THC is the hemp level in the EU and the US. UK law draws the line by plant part instead. The THC figure on Home Office pages, 0.2% as read on 18 October 2026, decides which seed varieties a farm may be licensed to grow, not whether the plant is legal.

The Home Office calls its factsheet general guidance, not legal advice, and so is this. Check a CBD product against the FSA’s public register of listed products before you check the price. For adults.