A ruling by the EU Court of Justice on CBD may have massive implications for the rest of the European market, including the UK.
Kanavape were the recent winners of a successful legal appeal against the Criminal Court of Marseille. The original case contended that Kanavape’s CBD was not legal within France.
However, a Court of Appeal overturned the decision after consulting with EU legislators.
“The European Court ruled “CBD extracts from “industrial hemp” including flowers are permitted and can be moved within the free market under trade regulations. These products are outside the UN Single Convention on Narcotics *(point 74) if they are below the limits set for THC.”
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Kanavape legal issues
Early this year in May, a case was brought against the CBD company Kanavape and their products. The issue was due to the fact that Kanavape’s CBD, grown in the Czech Republic, used the entirety of the plant. This is, however, against French law.
Under French law, only the fibre and seeds of hemp may be used for commercial purposes. As such, when brought before the Criminal Court of Marseille, the defendants were issued with suspended sentences and ordered to pay €10,000 in fines.
The defendants registered an appeal with the Court of Appeal, Aix-en-Provence. This judiciary body sought guidance from EU legislators and questioned whether French law complied with EU law.
In a press release from the Court of Justice of the European Union it stated:
“In today’s judgment, the Court finds that EU 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 a member EU state. A landmark win for the CBD industry.
Implications for the rest of the EU
This is not only a massive win for Kanavape, it’s also a huge win for other CBD retailers and cannabis activists around Europe. Other EU countries may use this case as a precedent to fight their own legal battles. As the Court of Justice stated, EU legislation goes over the head of national legislation in this regard.
They also ruled that CBD could not be viewed as a ‘narcotic drug’ making reference to two UN conventions – the Convention on Psychotropic Substances and the Single Convention on Narcotic Drugs.
France should conduct scientific inquiries
The EU Court of Justice dismissed claims of CBD being defined as a narcotic substance. However, it stated that if the French government insists on banning the substance, there needs to be a proper investigation. This investigation would outline the real danger of CBD to the public interest.
“The national court must assess available scientific data in order to make sure that the real risk to public health alleged does not appear to be based on purely hypothetical considerations.
The results of such an investigation could demonstrate once and for all that CBD is an utterly harmless, but incredibly beneficial substance.
Effect on post-Brexit UK
It’s speculated that this ruling may have massive implications in the United Kingdom, even after it leaves the EU at the end of this year.
As the Cannabis Trade Association said in a press release:
“This has enormous relevance to the EU and with the UK …. it opens up the market for trade in Cannabis plant extracts and potential CBD flower sales in the UK.”
The EU decision is welcomed on many levels including job creation, it has a huge implication for the future of jobs within the UK. Potentially, there could be thousands of jobs created within the UK job market. CBD could be just the thing to lift the UK out of a potentially massive economic downturn after Brexit.
