Last verified: 14 October 2026
In brief
In many countries, CBD extract is legal but the raw hemp flower it came from is not. These laws look at the physical form of the product, not its chemistry. Three layers of law apply: narcotics law, food law and tobacco law. Each one can stop a shipment on its own.
Assume the destination tests total THC, meaning active Δ9-THC plus THCA, its raw acid form. Part 1 explains this, and covers the European markets.
This part covers the United Kingdom, the United States, Asia-Pacific, the Thai side and customs codes.
| Market | Can raw flower be imported? | THC limit | How THC is measured |
|---|---|---|---|
| United Kingdom | No | any THC (the plant part itself is controlled) | — |
| United States | No in practice | 0.3% | total THC including THCA |
| Australia, New Zealand, Japan, Hong Kong, Singapore | No | — | — |
| South Korea, China | No | — | — |
This is Part 2. Part 1: Raw CBD Flower Versus Extract: Legal Layers, THC Testing and the European Markets (Part 1 of 2)
1. United Kingdom: no, and the THC level is not the reason
The UK’s main drug law is the Misuse of Drugs Act 1971. It leaves only three parts of the plant out of its definition of cannabis: mature stalk, fibre from mature stalk, and seed.
Flower and leaf are therefore controlled Class B parts at any THC level. Class B is the middle tier of UK controlled drugs. This is stated in the drug licensing factsheet of the Home Office, the UK interior ministry. Supplying a Class B drug carries up to 14 years in prison.
The UK also has an “exempt product” route, but it does not help flower. A product qualifies only if it meets all three conditions:
- it is not designed to be taken by a person;
- the controlled drug cannot be recovered from it by easy, readily available means;
- no single part of it contains more than 1 mg of controlled drug.
Raw flower fails all three. It is the plant part itself, and nothing has to be done to it before use. Even a low-THC bud easily passes 1 mg. For example, 1 g of flower at 0.2% THC already contains 2 mg of THC.
What to do: If a UK buyer asks you for flower, decline the flower deal. If the buyer wants to continue, discuss the extract route with them and their UK legal adviser. That keeps you out of a Class B supply case.
2. United States: no, in practice
Importing hemp flower into the US did not work even before the total-THC definition. That definition is now due on 11 December 2026, after a stopgap funding law moved it from 12 November. Congress may move it again.
The import rules of the US Department of Agriculture (USDA) cover hemp seed and propagation material only. They say nothing about bulk flower. There is no formal import permit for it, and no dedicated tariff code.
US Customs officers use field tests that show only whether THC is present or absent. These tests cannot measure a 0.3% limit. In practice this means zero tolerance, and the outcome varies from one port to another.
Some brokers suggest declaring flower as a “generic botanical extract”. That is a false declaration. It exposes the shipper to seizure and prosecution, and it does not make the shipment legal.
What to do: Refuse any proposal to describe flower as something else on export paperwork. The legal risk falls on you as the shipper, not only on the buyer.
3. Asia-Pacific: closed almost everywhere
Australia: Only low-THC hemp seed may be sold as human food. Extracts from the rest of the plant are treated as drugs, according to the Office of Drug Control, the Australian government’s drug regulator. Flower cannot be imported as a food or agricultural product.
New Zealand: The Misuse of Drugs (Industrial Hemp) Regulations 2006 were revoked from 28 May 2026. Low-THC hemp (no more than 1% THC by dry weight) now falls under the Misuse of Drugs Regulations 1977. Growers no longer need a cultivation licence. Instead, they must notify the Police and the Ministry for Primary Industries before planting. However, importing or exporting hemp plant material, including leaves and flowers, still needs a licence, according to New Zealand Police.
Japan: Japan’s amended Cannabis Control Act took effect on 12 December 2024. Japan used to decide legality by which part of the plant a product came from. It now sets limits on how much THC a product may contain. The amendment also made cannabis use a crime.
Japan’s residual THC limits are 10 ppm for oils and powders, 1 ppm for solids and 0.1 ppm for water-based liquids. One ppm (part per million) is 0.0001%. A flower specification of 0.3% equals 3,000 ppm, about 3,000 times Japan’s limit for solids.
Hong Kong: CBD has been classed as a dangerous drug since 1 February 2023. Importing, exporting or trafficking it carries up to life imprisonment and a fine of HK$5 million. There are no exempt uses, according to the Narcotics Division of the Hong Kong government.
Singapore: The Central Narcotics Bureau treats hemp as Cannabis sativa, and controls every product made from hemp. CBD is a Class A drug, the most serious class. Singapore citizens and permanent residents can be charged for drug use even when it happened overseas.
South Korea and China are closed to flower imports, according to every source reviewed. The forum’s overview of cannabis laws across Asia and key global markets covers the other Asian countries.
Translator’s note: Do not assume that Thailand’s rules apply across the border in neighbouring countries. Check each destination’s law before you send even a sample, because sending a sample is also an import.
What to do: Remove these markets from any flower plan. If a buyer there asks for flower, tell them it cannot be shipped, and ask whether they hold a licence for a product their country does allow.
4. The Thai side, and what is left for an exporter
Flower is a controlled herb in Thailand
In Thailand, cannabis flower (ช่อดอกกัญชา) is a controlled herb. This comes from the Notification of the Ministry of Public Health Re: Controlled Herbs (Cannabis), B.E. 2568. The Notification was issued under the Thai Traditional Medicine Protection Act B.E. 2542 and took effect on 26 June 2025. Its main rules:
- Flower may be dispensed only against a PT 33 (ภ.ท.33) prescription from an authorised practitioner.
- Each prescription covers no more than 30 days.
- Advertising and online sale of flower are banned.
- Recreational use is not permitted.
- Selling, processing or exporting flower needs a licence. DTAM has said flower for sale or export must meet its GACP standard (Good Agricultural and Collection Practice).
The Notification covers the plant part itself, not a THC percentage. So do not assume a low-THC hemp bud falls outside it. For any specific product, get its status confirmed in writing by DTAM, the Department of Thai Traditional and Alternative Medicine (กรมการแพทย์แผนไทยและการแพทย์ทางเลือก).
Translator’s note: Section 78 of the Thai Traditional Medicine Protection Act B.E. 2542 sets a penalty of up to 1 year in prison and/or a fine of up to 20,000 baht for selling, processing or exporting a controlled herb without a licence. The GACP rule also has a direct effect on home growers. Flower from a home grow without a licence and GACP certification cannot legally be sold or exported. On this forum, do not post flower for sale, even if it is “hemp”.
Two Thai THC limits that people often mix up
| Limit | What it applies to | What it decides |
|---|---|---|
| 1.0% THC, dry weight, in leaves and flowering tops | the hemp plant or variety (2019–2020 hemp rules under the Narcotics Act) | which class the variety belongs to; it does not decide whether a bud is a controlled herb |
| 0.2% THC by weight | extracts | above 0.2%: a Category 5 narcotic under Thai narcotics law; at or below 0.2%: outside the narcotics list, but still under Thai FDA (Food and Drug Administration, อย.) rules for products, cosmetics and food |
A legal plant can produce an illegal extract. Extraction concentrates the cannabinoids. Plants grown within the 1.0% plant limit can therefore yield an extract above 0.2% THC. That extract is a Category 5 narcotic. Both limits come into play at the concentration step.
What to do: Test the extract itself, not only the plants. Only the extract result tells you which side of the 0.2% line the product is on.
The 2026 regulations and the draft act
In 2026 two Ministerial Regulations B.E. 2569 tightened licensing:
- Cannabis or hemp extracts: in force from 26 April 2026.
- Controlled herbs (No. 2): in force from 30 April 2026. It tightens the licence criteria for cannabis flower.
Translator’s note: Under the extracts regulation, only certain bodies may hold a licence for extracts above 0.2% THC. These are Thai juristic persons (companies and other legal entities) that do not count as “foreign” under the Foreign Business Act B.E. 2542, state agencies, and the Thai Red Cross Society. Check your company’s ownership before you plan any extraction that could go above 0.2%.
The Cannabis Control Act is still a draft and not yet law. The Cabinet approved the draft on 22 September 2026 and sent it to the House of Representatives. Press reports say it would add a ban on sales to people under 20. The limits above may change when it passes.
Where this leaves an exporter of raw Thai CBD flower
For raw Thai CBD flower, the realistic destinations come down to Switzerland. France and business buyers in Germany are possible, with conditions. Czechia works only for material that stays inside Czechia.
That is a small market. Flower also leaves Thailand under the controlled-herb rules, not as an ordinary agricultural export. Exporting a controlled herb without a licence is an offence under section 78. Ask DTAM which licence and documents apply before you plan a shipment.
Compare this honestly with the extract route. An extract at or below 0.2% THC by weight is outside the Thai narcotics list. It is still subject to Thai FDA rules for products, cosmetics and food. At the destination, the question becomes that country’s cosmetics and food law instead.
For the supply side, the forum article What Can Actually Leave Thailand as Hemp explains what may legally leave Thailand.
What to do:
- Confirm the destination is Switzerland, France or a German business buyer. Every other market in this article is closed to flower.
- Get DTAM’s written confirmation of your product’s status. That gives you a document to show the importer and the customs officials at both ends.
- Confirm the flower comes from a GACP-certified site. DTAM has said exported flower must meet its GACP standard.
- Calculate the extract route alongside the flower route. That shows you whether the smaller, more complicated flower market is worth the extra paperwork.
5. Customs codes, briefly
Customs classifies goods by tariff code, a number from the international Harmonized System. Statistics Canada, Canada’s national statistics agency, publishes the clearest national mapping for cannabis:
| Product | Tariff code |
|---|---|
| Dried cannabis flower | 1211.90 |
| Extracts | 1302.19 |
| Cannabis medicines | 3004.90 |
Two warnings. Declaring flower under 1207.99, a heading for oil seeds, is a false declaration. It exposes the shipper to seizure and prosecution.
The right code also does not make a shipment legal. Narcotics control applies at the border, whatever the tariff code.
What to do: Use the code that matches what is actually in the box. Ask your Thai customs broker to confirm the matching Thai code before you book the shipment. That way the declaration and the product agree when customs opens the box.
Share your experience
Has raw hemp flower actually cleared customs for anyone on this forum, and with which documents? On paper, Switzerland is the obvious answer. The more useful questions are these: what did the Swiss importer need from the Thai side? Was the Thai controlled-herb paperwork accepted without problems? Please answer below this topic.
Related reading
- The forum articles linked above on Asian cannabis laws, on what can leave Thailand as hemp, and on the 2026 Thai regulations.
- Still to be written on this forum: total THC versus Δ9-THC; the EFSA CBD limit and the Czech contradiction; Thai hemp exports.
References for Part 2
- United Kingdom: Misuse of Drugs Act 1971; Home Office drug licensing factsheet.
- United States: USDA hemp import rules; Public Law 119-37, Division B, §781 (enacted 12 November 2025); H.R. 6500, Continuing Appropriations and Extensions Act, 2027 (signed September 2026).
- Australia: Office of Drug Control.
- New Zealand: Ministry of Health; New Zealand Police (cultivating hemp guidance); Misuse of Drugs (Industrial Hemp) Regulations 2006; Misuse of Drugs Regulations 1977.
- Japan: amended Cannabis Control Act (in force 12 December 2024).
- Hong Kong: Narcotics Division.
- Singapore: Central Narcotics Bureau.
- Thailand: Notification of the Ministry of Public Health Re: Controlled Herbs (Cannabis), B.E. 2568; Thai Traditional Medicine Protection Act B.E. 2542; Ministerial Regulation on Cannabis or Hemp Extracts B.E. 2569; Ministerial Regulation on Controlled Herbs (No. 2) B.E. 2569.
- Customs: Statistics Canada, cannabis tariff code mapping.
This article is reference information for readers operating legally in their own jurisdictions. It is not legal or customs advice. Several of these markets are changing. The new US definition is now due on 11 December 2026 and Congress may move the date again, and Thailand’s Cannabis Control Act is still a draft. Check with the competent authority and a qualified local lawyer before shipping.