A UK CBD business, Ocean Development (Dorset) Ltd., and its affiliate, CBD Flower Shop Ltd., have filed a £3.4 million lawsuit against the UK government, alleging unlawful seizure of hemp shipments by Border Force. The companies claim the seizures were based on a misclassification of hemp as illegal cannabis, despite Ocean Development holding a license from the Department for Environment, Food and Rural Affairs (DEFRA) to import raw hemp since July 2023.
The High Court claim, filed on 15th August 2024, alleges that the Home Office, which oversees Border Force, violated the company's human rights by interfering with its peaceful enjoyment of property. The seized hemp was intended for sale as tea through CBD Flower Shop, and the companies argue that the product contains no tetrahydrocannabinol (THC) or only trace amounts, falling outside the definition of a controlled drug.
The claim criticizes the government's enforcement system as disproportionate, stating that it automatically leads to the seizure of legal hemp. The Woods, owners of the companies, argue that the system should be designed to prevent unnecessary interference with legal goods and that Border Force's justification for the seizures is "baseless."
Between August 2023 and May 2024, Border Force reportedly seized 10 shipments of hemp, causing financial losses. CBD Flower Shop claims over £3.1 million in lost goodwill, in addition to damages for the seized hemp and harm to Ocean Development's reputation.
The case raises broader legal and regulatory issues, including the definition of controlled substances, the proportionality of enforcement measures, and the protection of property rights under the European Convention on Human Rights. If successful, the lawsuit could influence UK hemp regulations, potentially leading to clearer guidelines for distinguishing hemp from controlled drugs and reforming Border Force's practices.
The companies are represented by Josh Normanton of Trinity Chambers and Robert Jappie of Fieldfisher LLP. The Home Office is represented by the Government Legal Department. The case, titled Ocean Development (Dorset) and another v. Secretary of State for the Home Department, is currently pending in the High Court of Justice of England and Wales under case number KB-2024-002634.
Source: Cannabis Trades Association