The CJEU,Court of Justice of the European Union, rules that EU member states cannot prohibit the marketing of CBD legally produced by another member state. This is especially true when CBD is derived from the entire Cannabis sativa plant, and not just its fiber and seeds. This position clearly demonstrates that the CJEU does not consider cannabidiol to be a narcotic. That said, we invite you to take a closer look at this case in its entirety. Table of ContentsUnderstanding the Case Context At the Court of Appeal of Aix-en-Provence The CJEU Rules: CBD IS NOT A DRUG!
- The CJEU Decision and the CBD Industry
- Understanding the Case Context
- Indeed, discussing the CJEU ruling on the case is good. But being able to present the case and its stakeholders is even better. In fact,
- Catlab SAS
, a company founded in 2014, is at the heart of this story. It is trying to market CBD-based products in France, notably
kanavape (an electronic cigarette using CBD as liquid). TheCBD in question is said to come from the Czech Republic and to be extracted from the entire Cannabis Sativa plant. So what happened? The ANSM (the French National Agency for Medicines and Health Products Safety) reportedly found that the products in question were within acceptable limits regarding their THC content. However, it also noted variations in the CBD content.
Subsequently, the ANSM reportedly declared that, in its view,kanavape is not a medicine. As a result, the former directors of Catlab were allegedly prosecuted for violating French law and failing to comply with regulations on the sale of toxic substances.In the same vein, the French Ministry of Justice reportedly published a statement on July 23, 2018, stipulating that CBD can only be legally marketed in France if:it comes from the fiber and seeds of one of the Cannabis Sativa L. varieties;
and the underlying hemp plant is an approved low-THC variety (no more than 0.2% THC). The Ministry further stated that CBD is very often concentrated in the leaves and flowers of the plant, not in the fiber and seeds. Therefore, most CBD was likely produced illegally, contrary to the French Public Health Code, which requires that only cannabis fibers and seeds be used.
This is how the case began, which ended up before the Court of Appeal of Aix-en-Provence. At the Court of Appeal of Aix-en-Provence
- Following these indictments, Catlab’s directors reportedly appealed. According to them, the French ban on the marketing of CBD derived from the Cannabis sativa plant was contrary to EU law.
- This position was taken into account by the Court of Appeal of Aix-en-Provence. In its review of the case, the Court considered the following points:
CBD does not appear to have any “recognized psychoactive effects”; CBD was not specifically listed in the 1961 Single Convention on Narcotic Drugs; the ANSM (French National Agency for Medicines and Health Products Safety) concluded on June 25, 2015, that there was insufficient data to classify CBD as “harmful”.
The Court of Appeal of Aix-en-Provence reportedly asked whether provisions of the French Public Health Code (prohibiting the use of hemp leaves and flowers) and European Union law are incompatible.The question was thus referred to the CJEU.
The CJEU ruled: CBD IS NOT A DRUG!
Once it reached the CJEU The Court of Justice of the European Union (CJEU) reportedly made a clarification from the outset. What was it? Those who trade in narcotics cannot invoke the principles of free movement within the EU. Therefore, it was indeed important for the CJEU to rule on the status of CBD: is it a narcotic or not?
- In the process, it emerged that a literal interpretation of the Single Convention could lead to CBD being considered a narcotic. Why? Because it is extracted from the cannabis plant, which, in its entirety, is considered a narcotic.
- However, the CJEU reportedly clarified that CBD, in this case, could not be considered a narcotic within the meaning of the Single Convention. In this context, the following factors may have contributed to the emergence of this viewpoint: The definition of “cannabis” under the Single Convention is linked to the harm that cannabis-derived products can cause; however, according to the French authorities’ own evidence, it could not be clearly demonstrated that CBD caused such harm; If it were accepted that the scientific position was that CBD does not contain any psychoactive ingredients, it would be contrary to the objective and general spirit of the Single Convention to include it in the definition of “drugs” under that convention as a cannabis extract;
The CBD in this case was legally produced in the Czech Republic.
Since the French regulator’s objective is to protect human health, the CJEU would have considered this prohibition unjustified, as it is not scientifically proven that CBD is harmful to health. The CJEU decision and the CBD industry
Indeed, this case has had the merit of reviving this heated debate on the following issues:
Is it legal to sell CBD from another EU member state in France? Is CBD itself good or bad for human health?How exactly should CBD be extracted from the Cannabis Sativa L. plant?
With the Kanavape case, you now have precise answers from an influential authority. This helps you understand why CBD.FR legally sells CBD products from other EU countries. This article was exclusively inspired by one written by DLA PIPER.
- Also read: CBD, legislation, France, and the EU: a major controversy!
