In 2020 Eleanor and Alexandra Margiotta and Dean Taylor, the proprietors of Uncle Herb, an online UK CBD flower retailer, were arrested and charged with the offence of importing cannabis from Italy. The prosecution forced the closure of the business, but Eleanor Margiotta took the case to the Court of Appeal, where she argued that under EU law it was unlawful to place a restriction on the movement of cannabis sativa, or hemp, with a THC level of below 0.2 per cent, because it was an agricultural product. The trading in the case took place before Brexit, when laws regarding the free movement of goods across the EU applied in the UK.
She argued that the effect of the Misuse of Drugs Act 1971 was to criminalise cannabis without regard to THC content, which put an unlawful restriction on the movement of the hemp. Last year the Court of Appeal ruled that CBD flower with a THC content of less than 0.2 per cent is not narcotic and therefore the company could not have broken the 1971 law.