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CBD products ‘are totally legal under our Drugs Act’

Tuesday 24 October 2023 | Written by Supplied | Published in Letters to the Editor, Opinion


CBD products ‘are totally  legal under our Drugs Act’

I’m writing in regards to your October 19, 2023 article about New Zealand allowing over the counter sales of CBD products.

I have news for everyone, according to the Cook Islands Narcotics and Misuse of Drugs Act 2004, these CBD products are already legal to possess in the Cook Islands. Let me explain, these products contain CBD, a chemical found in marijuana. CBD stands for cannabidiol and does not contain any THC, the principal psychoactive constituent of marijuana that gets you high. The other substances in these CBD products are THC and other related psychoactive substances.

For these products to be sold in NZ they must meet the definition of a CBD product, for example a 100ml. CBD oil container product has 98.5%mg CBD and 1.43%mg THC and other related psychoactive substances which brings it under the legal threshold of 1.76%mg THC.

Now, under our Drugs Act, an individual can legally possess under 250mg of THC. The Act reads, Part 1, #6. Dealings with controlled drugs, #8, (e), A person shall until the contrary is proved to be deemed to be in possession of a controlled drug (marijuana) if they possess 250mg.or more of tetrahydrocannabinol, THC.

As a result of all of this, every CBD product sold in NZ is legal in the Cook Islands because it meets the legal threshold of our Drugs Act of being under 250mg possession of THC.

All of this has come about for one reason and one reason only. When the 2004 Drugs Act became law in our country, it was written with the intention of an individual to be fitted in a legal straightjacket for the possession of marijuana.

What these lawmakers at the time never envisioned and thought in their wildest draconian minds was that medicinal cannabis products would become so sophisticated like they are now nearly 20 years later.

They never imagined that under 250mg of marijuana, a mere half of a thumbnail could get you high or to be used to incorporate in any other product like the CBD products that are now on the market.

There is only one thing left for the Cook Islands Government to do and that is to open up the market in our country immediately because these CBD products are totally legal under our Drugs Act.

George Pitt