A woman has been jailed for two months after she was found with “personal care products” containing banned substance cannabidiol (CBD), becoming the first person to be convicted and sentenced to prison over possession of the cannabis compound since it became illegal in February.

CBD cannabidiol conviction customs
A 32-year-old woman was convicted for possessing CBD after she was found with two products containing the cannabis compound on March 29, 2023. Photo: Kelly Ho/HKFP and GovHK.

The 32-year-old was sentenced to two months in prison at West Kowloon Magistrates’ Courts on Friday after being convicted of two counts of possession of a dangerous drug and one count of possession of items intended for the injection of a dangerous drug – suspected ketamine.

During customs clearance after arriving in Hong Kong from the US on March 29, “two bottles of personal care products containing the active ingredient of suspected cannabidiol (CBD) were found in her luggage,” the Customs and Excise Department said in a statement on Friday afternoon.

Customs officers also seized about 2.2 grams of suspected ketamine and 10 syringes, and the woman was arrested.

According to the department, laboratory tests later confirmed that about 5 grams of CBD were found in the two bottles of personal care products, and that the other drug seized was confirmed as ketamine.

“Customs welcomes the sentence,” the department said, noting that this was the first CBD-related conviction and imprisonment. “The custodial sentence reflects the seriousness of the office and serves as a clear warning to the general public.”

CBD products marijuana cannabis customs
A placard with images of beverages that contain CBD displayed at a press conference by customs offers on Jan. 27, 2023. Photo: Hillary Leung/HKFP.

CBD was added to Hong Kong’s Dangerous Drugs Ordinance on February 1, joining over 200 substances listed in the ordinance, among them fentanyl, cocaine, heroin, ketamine and methamphetamine. If found guilty under the ordinance, the maximum penalty is HK$1 million fine and up to seven years in prison.

See also: Hong Kong’s zero-tolerance approach to drugs leaves budding CBD industry high and dry

While CBD is not psychoactive, authorities say it is inseparable from tetrahydrocannabinol, or THC, the compound responsible for the high produced by cannabis, which is illegal in Hong Kong. Supporters of CBD have argued that the small amount of THC found in CBD products is not sufficient to produce its associated effects.

The government has also said that CBD can decompose and be converted into THC.

Ahead of its criminalisation, Hongkongers were invited to surrender products containing CBD to disposal boxes on government premises. On the eve of the ban, authorities said they had collected 77 400 items containing CBD, most of which were skincare products, edible oils, and health supplements.

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Mercedes is a British journalist who has been based in Hong Kong since 2012. At Hong Kong Free Press, she has covered a number of local environmental issues, including climate inequality and marine biodiversity, and explored how Hong Kong's arts scene reflects a changing city. She has contributed to the Guardian and BBC Travel, and previously worked at the South China Morning Post, where she wrote a weekly column about the social and environmental impact of tourism in Asia.