The FSA Board meeting in September 2024 has brought a harsh reality into focus: the UK lacks sufficient cannabinoid testing facilities, and without standardised testing and unified Certificates of Analysis (COAs), the legal cannabis industry is battling an uphill compliance struggle. These gaps not only undermine consumer trust but also place unnecessary barriers in front of businesses striving to operate responsibly.
Adding to the strain, the Home Office is failing to deliver timely inspections required for licensing. With a limited number of inspectors available, delays are now commonplace. Two respected companies have already closed or moved away from cannabinoid testing due to protracted waits for inspections, and others are feeling the pressure. Businesses, already burdened by stringent regulations, now face an even tougher challenge—navigating through a system that appears paralysed by bureaucracy.
This bottleneck leads to a vital question: is the government deliberately stalling the growth of this sector? While the intention may be unclear, the outcome is crystal clear. Delays are stifling progress in an industry that could bolster the UK’s economy, create jobs, and establish the country as a global leader in cannabis regulation.
What Can CTA Members Do?
In the face of regulatory inertia, businesses cannot afford to wait. Proactive steps are essential:
Document Delays: Keep meticulous records of all communication with inspectors and government departments, including requests for inspections, follow-ups, and any responses received. This evidence can be critical when escalating issues or lodging formal complaints.
Leverage the CTA: The CTA is your ally. As the leading voice for the UK cannabis industry, the CTA can escalate these concerns to policymakers, highlighting the tangible damage caused by inspection delays.
Pursue Interim Solutions: Explore alternative testing facilities or international regulatory frameworks that may offer a pathway to compliance while awaiting Home Office action.
Engage Legal Experts: Seek advice on how delays might impact your obligations and whether compensation or expedited services can be pursued. Legal counsel can also ensure businesses remain protected during periods of uncertainty.
Build Collective Pressure: Collaborate with other affected businesses to create a stronger lobbying presence. By working together, companies can demonstrate the widespread impact of these delays and demand prioritisation from the government.
Raise Public Awareness: Engage in public campaigns that underline the broader consequences of these delays. Consumer safety, economic growth, and the UK's global standing in the cannabis sector are all at risk if these bottlenecks continue.
Focus on Internal Compliance: While inspections remain pending, ensure all other aspects of your business are fully compliant with regulatory requirements. This proactive approach minimises potential scrutiny when inspections finally occur.
A Call to Action
For the UK to achieve its vision of a safe, regulated cannabis market, the government must take immediate steps to resolve these systemic issues. The Home Office must expand its pool of inspectors and implement measures to clear the backlog of inspections. Simultaneously, the FSA needs to establish a robust, accessible framework for cannabinoid testing, ensuring businesses can meet compliance standards efficiently.
CTA members, however, cannot rely solely on the government to act. Businesses must remain proactive, engaged, and united in their efforts to navigate these challenges. By documenting delays, leveraging collective strength, and pushing for accountability, members can help drive the changes needed to ensure the industry thrives.
The stakes are high, but the message is clear: delays in inspections and testing are not just inconveniences—they are threats to the future of the UK cannabis industry. Together, with the CTA’s support, businesses can push for the systemic improvements needed to protect this vital sector from grinding to a halt.
Now is the time to act—for your business, for the industry, and for the future of the UK’s legal cannabis market.
Published - 4th December 2024
