8 December 2022
In October 2022, the Executive Council considered proposals to amend the legislation concerning controlled substances. Specifically, to make provision for an exemption from the restrictions on the importation, supply and possession of personal care, wellness and food and drink products derived from cannabis and that contain the controlled drug tetrahydrocannabinol (THC).
The Executive Council has now advised that the proposals should be presented to Legislative Council, and as such the Drugs Amendment Bill 2022 has been drafted.
The Bill was published on 1 December and is available online at www.sainthelena.gov.sh/government/legislative-council/bills-for-an-ordinance/, and will be considered at the next Legislative Council meeting, which is currently scheduled to take place on 16 December 2022.
The Bill proposes amending legislation to allow for the import, sale and supply of cannabis hemp and cannabidiol (CBD) products with THC levels of no more than 0.2% in St Helena. This will allow people to purchase goods such as clothing and personal care items which may have such levels in them, but are currently illegal in St Helena. This reflects the comparable definition of cannabis that is already in place in the UK and in the Falkland Islands.
Hemp Products
It is proposed that hemp and hemp products be removed from the definition of cannabis (which currently encompasses the whole or any part of the plant). By this means the mature cannabis stalk and products made from the mature stalk of cannabis (i.e. hemp) would not be a controlled drug under legislation.
The hemp based products perhaps likely to benefit are clothing (such as face masks), hats, and possibly furnishing items.
CBD products
It is proposed that an exemption regulation be created which would take certain products out from the main drugs control regime. This would apply to products with a negligible, or ineffective THC level, permitting such products to be lawfully to imported, sold and possessed in St Helena.
The qualifications for an exempted product would be that its THC content does not exceed 0.2% by volume. This would therefore only apply to products which contained such small amounts of THC that no high could be gained from their consumption.
The proposals would allow consumer CBD products which fall within the exemption to be legally imported, sold, supplied and used within St Helena, although for purchasing consumable CBD products there would be an age restriction of 18 years old.
#StHelena #CBD #DrugsAmendmentBill
SHG
8 December 2022