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A French court ruling on CBD flower could make CBD fully legal.
A ruling by the European Court of Justice on CBD could have significant implications for the rest of the European market, including France.
Kanavape recently won an appeal against the Marseilles criminal court. The original case argued that Kanavape CBD was not legal in France.
However, a court of appeal overturned the decision after consulting European legislators. “CBD extracts from “industrial hemp”, including the flowers, are permitted and can circulate on the open market under trade regulations,” the European court said. These products are outside the UN Single Convention on Narcotic Drugs *(item 74) if they are below the limits set for THC.”
Kanavape’s legal problems
In early May of this year, a lawsuit was filed against the CBD company Kanavape and its products. The problem was that Kanavape CBD, grown in the Czech Republic, used the entire plant. This is contrary to French law.
According to French law, only hemp fibres and seeds can be used for commercial purposes. That is why, when they appeared before the criminal court in Marseille, the defendants were given suspended sentences and fined 10,000 euros.
The defendants appealed to the Aix-en-Provence Court of Appeal. This judicial body sought the opinion of EU legislators and considered whether French law was in line with EU law.
A press release from the Court of Justice of the European Union states:
“In its judgment today, the Court finds that Union law, in particular the provisions on the free movement of goods, precludes national legislation such as that at issue.”
In other words, these CBD products (containing flowers) were perfectly legal in France as an EU Member State. A historic victory for the CBD industry.
Implications for the rest of the EU
This is not only a massive victory for Kanavape, but also for other CBD retailers and cannabis activists in Europe. Other EU countries could use this case as a precedent for their own legal battles. As the Court of Justice has stated, European legislation takes precedence over national legislation in this respect.
The court also ruled that CBD could not be considered a “narcotic drug”, referring to two UN conventions – the Convention on Psychotropic Substances and the Single Convention on Narcotic Drugs.
France must conduct scientific CBD investigations
The EU Court of Justice has rejected claims that CBD is defined as a narcotic substance. However, she said that if the French government insists on banning the substance, a proper investigation must be carried out. This investigation would highlight the real danger of CBD to the public interest.
“The national court must evaluate the available scientific data to ensure that the alleged real risk to public health does not appear to be based on purely hypothetical considerations.
The results of such an investigation could prove once and for all that CBD is a completely harmless, yet incredibly beneficial substance.