Court: CBD Legal in E.U.

On 19 November 2020 the European Court of Justice has published the judgment on the Kanavape Court Case C-663/18. It ruled France cannot ban a legal product produced outside the country, in this case Czech Republic. It is analogous to impeding commerce between states in the US. Since Cannabidiol (CBD) is not listed in the law as illegal and it isn’t stony, the Court ruled it can’t be banned.

“The referring court explains that CBD does not appear to have any ‘recognised psychoactive effects’. Indeed, it notes that the World Health Organization (WHO), in a 2017 report, recommended removing it from the list of doping substances, that CBD is not listed as such in the Single Convention (…) Moreover, CBD is not expressly referred to either in the texts applying to industrial hemp or in those relating to cannabis as a narcotic drug.”

From Studio Legale Bulleri: “Articles 34 and 36 TFEU must be interpreted as precluding national legislation prohibiting the marketing of cannabidiol (CBD) legally produced in another Member State, where it is extracted from the Cannabis Sativa plant in its entirety and not only from its fibres and seeds, unless such legislation is suitable to ensure the achievement of the objective of protecting public health and does not exceed what is necessary for its achievement. Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 laying down rules for direct payments to farmers under the support schemes under the common agricultural policy (CAP) and repealing the regulation (EC) No Council Regulations (EC) No 637/2008 and (EC) No 637/2008 Council Regulation (EU) No 73/2009 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organization of the market in agricultural products and repealing Regulations (EEC) No 1308/2013 922/72, (EEC) No 922/72 234/79, (EC) No 234/79 1037/2001 and (EC) No 1037/2001 Article 1234/2007 of the Council must be interpreted as meaning that they do not apply to such a regulation.”

Note: that CAP scheme (subsidy) is only for hemp fibre, not seed or CBD.

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