Woman becomes first person in Hong Kong jailed for CBD

A 32-year-old woman was recently jailed in Hong Kong for CBD possession. She is the first person to be criminally convicted of CBD since Hong Kong officially banned it earlier this year, according to a report by Agence France-Presse (AFP). It is now illegal to possess, use or sell CBD products and is categorized the same way as substances like heroin, cocaine and methamphetamine.

The woman had two CBD products with her when she went through customs on March 29 while traveling from the US to Hong Kong. According to the report, she was also carrying 2.2 grams of ketamine and ten “syringes,” though it didn’t say if they were empty or contained a specific substance.

On July 7, the woman was sentenced to two months in prison on two counts of drug possession and one count of possession of a syringe. A Hong Kong customs officer said her conviction “reflects the seriousness of the crime and serves as a clear warning to the general public”.

Current Hong Kong law stipulates that offenders caught using CBD could face up to seven years in prison and fines of up to HK$1 million (about US$128,000). Anyone caught importing, exporting or manufacturing CBD will face stiffer penalties. One of the main reasons that led to the ban, according to the authorities, was that CBD could potentially be converted into THC.

China banned CBD in topical or cosmetic products back in 2021, and Hong Kong followed suit earlier this February. “As of February 1, cannabidiol, also known as CBD, is considered a dangerous drug and is subject to supervision and management by the Narcotics Regulation,” a Customs Intelligence official said. “From then on, transporting CBD for sale, including importing and exporting it, as well as manufacturing, possessing and consuming CBD will be illegal.”

Chan Kai-ho, divisional commander at the department’s airport command, added in a statement that they will do whatever is necessary to enforce the law. “We will fight all kinds of dangerous drugs from all angles and sides, and intelligence-led enforcement action is our main goal,” Chan said.

Officials have since said they arrested six people within the first three months of the CBD ban, although no one has ever gone to jail on a CBD conviction. Officials also said they had seized 852 CBD products valued at approximately $16,600 during that period, all of which were stolen from people entering Hong Kong.

Back in September 2020, Hong Kong’s first CBD coffee shop called Found opened offering a wide range of CBD-based products including CBD oil, edible powders, butter, pet products, fortified beer and coffee. However, it announced in August 2022 that it would close due to the impending ban. “Unfortunately, despite the proven positive effects, it has now become clear that the Hong Kong government intends to pass new legislation to ban the sale and possession of CBD,” Found wrote on his Instagram page. “While we don’t know exactly when it will take effect, it is likely to happen sometime in late 2022 or early 2023. As a result, we had to make the difficult decision to close the found café at the end of September. ”

In May, Hong Kong police seized a large quantity of cocaine and cannabis worth HK$650 million ($83 million). It was the largest seizure of the year: “The cannabis flower buds confiscated this time were stored among frozen fish,” said Chief Inspector Charm Yiu-kwong. “We believe the drug cartel used this method … to mask the smell of marijuana with the pungent odor of the frozen fish.” Under Hong Kong law, a maximum penalty for drug trafficking can carry a life sentence.