“The law is being interpreting to fit some hidden political will that does not fall in line with the will of the public, creating an obvious situation where government does not represent its citizens, but would rather put them in their place,” he said. 

In an email chain forwarded to Express, Deputy Brouard replied: 

“Your specific concerns have been in relation to a determination in relation to analytical tests carried out on products you wished to import into the island. 

“The products as you describe are not medicinal and therefore are governed by the laws in this jurisdiction which do not fall under the mandate for HSC. However, under the Misuse of Drugs (Modification) Orders, 2018 and updated in 2019, HSC has provided an exemption for certain products from various prohibitions in law regarding the import, export, possession, and supply of CBD products of a specified description.

“We believe that the law, which is complex, is being interpreted correctly. If you remain dissatisfied, you have of course the option of commissioning your own independent analyses of the products involved."

Pictured: Deputy Broard said: “HSC has no hidden agenda with respect to cannabis."

Deputy Brouard continued: "Our approach to CBMP with respect to funding is precisely the same of that of NICE. In addition, HSC has committed significant extra staff resources to supporting the importation, by islanders prescribed CBMP by on- and off-island clinics, liaising with the UK Home Office, and the local growing industry.” 

Despite this response, Mr Tucker continued by arguing that the law for the exemption of some CBD products is actually “rather simple”. 

“I am also quite surprised that you are not alarmed that as the law as stands and amended by HSC, continues to allow the sale of THC products to children,” he said. 

“Guernsey and Jersey, and I am pretty confident on this, are the only jurisdictions in the entire world that allow for this. This is only because of what I will assume to be complete ignorance of the law as it stands. While my business puts in age restrictions on all CBD purchases, this is not the case when they buy CBD products at Waitrose, Co-op, Healthspan, Holland & Barrett, etc.  

“By the extremely vague logical explanation set forth by in letter given to me from GBA, we would have to assume that all CBD products contain THC, CBN, and a trace of cocaine, and this is 100% fine to sell to infants.” 

Deputy Brouard sought to clarify that the law governing non-medicinal products does not usually fall under HSC’s remit. 

However, referring to Mr Tucker’s concerns about children, Deputy Brouard said: 

“HSC is aware that with the increasing access to a range of products available in this area that there is anecdotal evidence of potential harms for both children and adults.  

“Therefore, to ensure that any need for policy changes under the mandate of HSC are evidence informed a muti-disciplinary team is actively working on gathering the evidence. Of course when our work is complete we will be sharing our findings with the Committee for Home Affairs.” 

The debate on how CBD products are regulated continues to rage on in the UK and Jersey as well. Most recently a group of companies in the UK came together to demand that the UK Home Office clarify its stance on CBD. 

It comes after a Jersey company’s licence to export CBD products was rescinded due to concerns with trace levels of THC. Despite the levels being similar or less than other products on the market.