All Products Containing 'Cannabidiol' Classified as 'Cannabis'... Caution Required Regardless of Extracted Part

CBD extracted from "excluded parts of cannabis" still classified as a narcotic
Special caution required for possession, use, and distribution

The Ministry of Food and Drug Safety announced on June 10 that "cannabidiol (CBD)" extracted or manufactured from so-called "excluded parts of cannabis," such as cannabis seeds, roots, and mature stems, is still classified as cannabis, a narcotic substance. Therefore, the use of products containing CBD requires special caution.

Previously, on May 29, the Supreme Court, in a final appeal regarding the "lawsuit to revoke the refusal to issue a standard customs clearance schedule report," ruled that, considering the legislative intent and interpretation of the Narcotics Control Act, major cannabinoids such as CBN, THC, and CBD extracted from the excluded parts of cannabis are, by their very nature, classified as "cannabis." The court sent the case back to a lower court for retrial.

Cannabinoids are compounds found in cannabis that activate receptors (CB1, CB2) located in nerve and immune cells, triggering various biochemical effects.

The Ministry of Food and Drug Safety explained, "The purpose of the proviso in Article 2, Paragraph 4 of the Narcotics Control Act, which defines the excluded parts of cannabis, is to allow their limited use for industrial purposes such as fiber processing, seed collection, and food ingredients, only when the hallucinogenic substances are present at levels not harmful to the human body and the risk of misuse or abuse remains low. It was not intended to exclude resins or major components such as CBD extracted from the excluded parts from the definition of 'cannabis.'"

The ministry further emphasized, "Products containing CBD are classified as 'cannabis,' a narcotic substance, and with few exceptions, possession, consumption, import/export, manufacturing, sale, and brokering of such products are prohibited. Violations may result in imprisonment or fines under the Narcotics Control Act, so special caution is required."

However, this does not apply to medical cannabis products such as "Epidiolex" distributed domestically. Article 3, Paragraph 7 of the Narcotics Control Act allows the use of cannabis for medical purposes as an exception, provided that approval is obtained from the Minister of Food and Drug Safety.

A ministry official stated, "We will continue to work closely with relevant agencies to promptly prevent the import and use of illegal products containing cannabis ingredients in Korea, and will do our utmost to ensure safety by monitoring illegal sales and advertisements that may mislead or confuse consumers."