Is Hemp Tea Legal in the UK? The Full Answer
Is Hemp Tea Legal in the UK? The Full Answer
Short answer: yes. Hemp tea is legal to buy, brew, and drink in the UK, full stop. But "legal" is doing a lot of work in that sentence, and if you've read our Is CBD Legal in the UK? guide, you'll know the legal picture around hemp has more moving parts than most people assume. Hemp tea raises its own specific questions, about THC limits, novel food status, and what actually happens to the plant once it's steeped in hot water. Here's the full breakdown.
The THC threshold that actually matters
UK law doesn't ban hemp. It sets a limit on THC. Under Home Office rules, industrial hemp must be grown from an approved strain and test below 0.2% THC in the growing crop. That's the same threshold that governs CBD flower and oils, and it applies to the raw plant material used to make hemp tea.
Once that hemp is dried and packaged as tea, it needs to test consistently under that ceiling, not roughly under it. Every batch we use at Calm Leaf is lab-tested for THC content before it reaches your cup, because a tea that drifts over the line isn't legal hemp tea anymore. It's a different, controlled substance.
Where the Misuse of Drugs Act 1971 fits in
The Misuse of Drugs Act 1971 is the law that controls cannabis in the UK, and THC content is the line it draws. The Act controls THC, not hemp as a plant. Low-THC industrial hemp, the kind grown for fibre, seed, and tea, sits outside its controls provided it stays under 0.2% THC and comes from an approved cultivar. Grow the same plant family with higher THC content and you're inside the Act's controls. That's the entire distinction: not "hemp versus cannabis" as separate species, but THC level as the dividing line.
What "legal" means for a brewed cup versus the raw plant
This is where people get tripped up. A packet of dried hemp leaf and flower, and a cup of tea brewed from it, aren't treated identically by regulators, because brewing changes what you're consuming.
The raw plant material is covered by the THC threshold above. The infusion itself, the actual drink, falls under food law, specifically the UK's Novel Food regulations, because you're consuming it as a food or drink product rather than smoking or vaping it.
Novel food status, in plain terms
Novel food is a specific UK Food Standards Agency classification for any food or ingredient that wasn't consumed to a significant degree in the EU before 15 May 1997. CBD extracts and isolates fall squarely into this category and require FSA authorisation before they can be sold as food.
Hemp tea sits in a different, less contested spot. Herbal infusions made from hemp leaf have a long history of consumption and are generally treated as a traditional food rather than a novel one, provided the product is a genuine leaf-and-flower infusion rather than a CBD-isolate drink dressed up as tea. That distinction matters: hemp leaf tea and "CBD tea" with added isolate aren't automatically regulated the same way, and it's worth knowing which one you're buying. Our What is Hemp Tea? page breaks down exactly what's in the cup. For the fuller picture on how novel food status works and why it's the reason no brand can make health claims, see Novel Food Status Explained: What It Actually Means for Your Tea.
What you can legally buy and drink
In the UK, you can legally buy and brew:
- Hemp tea made from EU-approved, low-THC hemp leaf and flower
- Products lab-tested to confirm THC content stays under 0.2%
- Tea sold with batch testing documentation available on request
Browse the full range in our hemp tea collection, where every product is tested to that standard before it's listed.
The bottom line
Hemp tea is legal in the UK when it's made from approved, low-THC hemp and tested to prove it. The THC threshold governs the plant, food law governs the drink, and the Misuse of Drugs Act only comes into play if THC content crosses 0.2%. Buy from a supplier that tests every batch and can show you the results, and there's nothing legally ambiguous about the cup in front of you.
Frequently Asked Questions
What THC limit applies to legal hemp tea in the UK?
Legal hemp tea must be made from hemp that tests below 0.2% THC, the same threshold that applies to UK-grown industrial hemp more broadly.
Is hemp tea the same as cannabis tea?
No. Hemp tea is made from low-THC industrial hemp approved for cultivation in the UK and EU. Cannabis grown for its THC content is a controlled substance under the Misuse of Drugs Act 1971 and is not the same product.
Do I need to be a certain age to buy hemp tea?
Most UK hemp and CBD retailers, including Calm Leaf, restrict sales to customers aged 18 and over as standard policy.
Is hemp tea classed as a novel food?
Traditional hemp leaf infusions are generally treated as an established food rather than a novel one, unlike CBD extracts and isolates, which do require Food Standards Agency novel food authorisation.
Can I travel with hemp tea in the UK?
Yes. As a legal, low-THC hemp product, hemp tea can be transported within the UK the same as any other food item. If travelling internationally, check the destination country's own rules first, as hemp and CBD regulations vary widely outside the UK.
Is hemp tea legal to drink at work?
Yes. As a legal food product made from compliant, low-THC hemp, there is no legal restriction on drinking hemp tea at work.
This article is for general information only and does not constitute legal advice. Regulations around hemp, CBD, and novel foods can change, so always check current guidance from the Food Standards Agency and Home Office, or consult a qualified professional for advice specific to your situation.
